If the customer indicates that they are happy with the quality of the goods produced, that statement can be used later, if debt collection is required.  Statements made by a party can be used against them at trial.

If the customer claims not to have received the goods, it will be easier to get proof of delivery sooner, rather than months or years after the fact.  Often, claims against the common carrier must be made in a fairly timely manner.

Any survey should be directed to an owner, officer, or other high level person working for the customer, and should be requested within a certain period after delivery. Then, if the client receives a favorable survey and the debtor attempts to raise an issue regarding defective goods at a substantially later date, client can use that survey to distinct advantage. In Wisconsin, we have a theory known as "account stated." When goods and services are provided and there is an admission of the debt by payment or otherwise, which would include acknowledgement in writing that the money is due or that the goods and services have been properly provided, a new cause of action is created. Client can then sue based upon that admission and many times be able to overcome by summary judgment, any defenses, including defective goods, that the debtor raises after that admission has been made.

As long as the survey is directed to a high level person and requested back within a specific period of time, I believe that it can be beneficial at a later date in pursuing collection of the account and overcoming claims of defective goods that the debtor may try to raise at a later date as a way of stalling collection.

William A. Rinehart

Rinehart, Scaffidi & Mathews

Milwaukee WI

A: Documentation is the key to proving any case at trial.  The more documentation that a creditor can provide to legal counsel makes for a successful outcome at trial.  The legal system allows the filling of defenses for any claims that are brought.  Typically the defense attorney will file an answer and affirmative defenses alleging boilerplate language including defects and or failure to supply contracted items.  More oftentimes than not this is the first time a creditor hears of these complaints.  As a good litigation practice we must tackle the issues head-on.  Not only can the attorney use the customer service answers during litigation it may assist the small business owners to recognize problems that were never brought to there attention. 

Michael S. Baim, Esq. 

The CKB Firm 

Chicago IL