Bookkeeping paid for but not rendered

[Tate Wilder]

Jurisdiction

Texas

Our small business has been using a bookkeeping service that charges us a monthly fee. We signed up with them the end of last year. It is now September and we have been trying to work with them all year to get our books up to date, constant calling and emailing. We have it all documented. They completed the few months from last year and the first couple of months from this year. The first few months of this year are not correct as there were changes requested, by us, that have not been updated. Basically, we have paid for 8 months worth of bookkeeping that was not done. We have stopped payment going forward and told them we want to terminate our agreement. They then had the nerve to tell us we owed them an early cancellation fee. We wrote another strongly worded email and got an immediate response from one of their employees. She promised we would have up to date books by this week. No one even logged into the system. What is our course of action to try and either get our books up to date or get a refund on our monthly fees? Should we report them to the BBB or another organization?

 

[army judge]

The BBB is even more ineffective than you have been.

Depending on how much money is in dispute, you might be better off hiring a competent CPA (not a bookkeeper), having your books corrected/updated, and readying your business to file it's annual taxes.

Getting mired down in a nasty, you better, no I won't dispute won't allow you to move forward.

If I were in your position, I'd pay the tribute demanded to free myself from these useless rascals, and get my business ready to file taxes.

I wish you increased profits and overwhelming new business.

 

[Tate Wilder]

The BBB is even more ineffective than you have been.

Depending on how much money is in dispute, you might be better off hiring a competent CPA (not a bookkeeper), having your books corrected/updated, and readying your business to file it's annual taxes.

Getting mired down in a nasty, you better, no I won't dispute won't allow you to move forward.

If I were in your position, I'd pay the tribute demanded to free myself from these useless rascals, and get my business ready to file taxes.

I wish you increased profits and overwhelming new business.

Thank you. That was our thought as well. We figured the money spent was gone and easier to just move on.

 

[zddoodah]

You can sue for the return of fees for services not performed. Whether you report anything to the BBB (an entirely ineffectual organization, IMO) is entirely up to you.

 

[Tate Wilder]

You can sue for the return of fees for services not performed. Whether you report anything to the BBB (an entirely ineffectual organization, IMO) is entirely up to you.

Being a small business, the money is certainly missed (2K). However, I do not think that is enough to even sue for. Wouldn't it cost me that much to sue them?

 

[justblue]

Thank you. That was our thought as well. We figured the money spent was gone and easier to just move on.

IMO to reward them for doing nothing is ....repugnant. I would file a small claims case for return of fees for services not rendered.

A scathing "yelp" review is likely more effective than the BBB.

 

[justblue]

Being a small business, the money is certainly missed (2K). However, I do not think that is enough to even sue for. Wouldn't it cost me that much to sue them?

No...Small Claims cases for Tx go up to 10k and the filing fee is just nominal ($34.00).

Guides: Small Claims Cases: General Information

 

[army judge]

A small claims case is generally filed in the Justice of the Peace Court in the County, Precinct, and Place where the defendants reside (where they live) or the location where the Defendants contracted themselves to perform a service or deliver a good. (Texas Government Code Section 28.011).

In larger urban areas, the case is brought before a Municipal Court, rather than a JP.

Small claims cases for unincorporated Harris County are heard in front of the justice of the peace for Harris County sitting in the precinct and place as described above.

Bear in mind, the court will only provide you with a judgment, upon which you must endeavor to collect the amount you are awarded.

Collecting on that judgment is very often unrewarding and most unsatisfying.

Filing a Small Claim in Harris County | FreeLegalAid

 

[Tate Wilder]

Thank you all very much!

 

[zddoodah]

Being a small business, the money is certainly missed (2K). However, I do not think that is enough to even sue for. Wouldn't it cost me that much to sue them?

For that amount, you'd sue in small claims court, and I'd be shocked if the filing fee were more than $50. Add another $50 (or so) for the sheriff or a process server to effect service, and that's it.

You can, but aren't obligated to, hire an attorney and, if you do, you might be able to recover attorneys' fees. Here's a pamphlet about small claims court in Texas, and you can get a wealth of other information with simple Google searches.