Payment Due

P&E Plumbing and Building Maintenance Inc. BACK返回主页

Dear Valued Customer,

We would like to express our utmost appreciation for your consistent display of integrity and adherence to the spirit of the contract. We are acutely aware that any delay in payment may stem from unforeseen and insurmountable difficulties. Therefore, we are committed to engaging in amicable communication to assist you in resolving any payment issues and ensuring that the transactions are settled properly.

However, we must clarify that for the minority who deliberately default on their payments, we will take decisive action. This stance is taken in consideration of our responsibilities to our shareholders and employees. Please be advised that any like “Prompt Payment Discount” or “Loyal Customer Discount” indicated on the invoice will be voided in the event of a late payment. In addition, we will impose a monthly interest of 4% on the overdue amount and an additional debt recovery fee of $350. We look forward to your understanding and cooperation, and we hope to maintain our mutually beneficial relationship.

In accordance with our company policy, we would like to inform you that for any overdue outstanding payments, we will take legal action within 45 days of the debt occurrence to secure a Builders Lien on your property. （ Warning： After the property is liened, it may affect your normal property transactions, property financing process, property liquidation fund arrangements, and bank mortgage qualifications, among others）. Furthermore, if the payment remains unsettled within 365 days, we will formally initiate legal proceedings.

We kindly request your understanding that, in the absence of a valid explanation, a court judgment may likely be unfavorable to you, and you may be liable for substantial legal fees incurred during this process. To avoid unnecessary legal disputes and additional costs, we urge you to adhere to the final payment deadline indicated on the invoice and promptly fulfill your financial obligations. We sincerely hope to resolve this matter amicably and prevent further legal actions.

For specific legal references, please refer to the following summary

尊敬的客户，

在此，我们愿意表达对您一贯展现的诚信与契约精神的高度赞赏。我们深知，任何逾期付款的情况都可能源于不可抗力的困难。因此，我们始终致力于通过友好的沟通，协助您解决支付上的难题，并确保款项能够得到妥善处理。

然而，我们必须明确，对于极少数恶意拖欠账款的行为，我们将采取坚决的措施。这是出于对公司股东及员工责任的考虑。请注意，若发票中含有“快速付款折扣”或“老客户优惠”，这些优惠将因逾期而作废。此外，我们将对欠款金额征收每月4%的利息，并额外收取$350的追收费用。我们期待您的理解与合作，并希望能够继续保持双方的良好关系。

根据公司政策，对于逾期未结账款项，我们将在欠款发生后45天内采取法律措施，对贵方房产实施诉前保全。( 请注意：房产被保全之后可能会影响到您正常的房产过户交易，房产融资进程，房产变现资金安排以及银行按揭资格等等).且在365天内，我们将正式提起诉讼。请您理解，如无合理解释，法院判决很可能对您不利，且您可能需承担由此产生的高昂法律费用。

为避免不必要的法律纠纷和额外费用，我们恳请您遵守发票所示的最后付款期限，及时履行财务义务。我们期望能够和平解决此事，避免采取进一步的法律行动。

具体法律依据请参阅以下摘要。

BUILDERS LIEN ACT 《建筑商留置保全法》

link to https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/97045_01

Time for filing claim of lien

20 (1)If a certificate of completion has been issued with respect to a contract or subcontract, the claims of lien of (a)the contractor or subcontractor, and (b)any persons engaged by or under the contractor or subcontractor may be filed no later than 45 days after the date on which the certificate of completion was issued.

(2)A claim of lien that is not governed by subsection (1) may be filed no later than 45 days after 在维修或者修缮工作完成后的45日内必须向LTSA申请房产保全(申请链接)

(a)the head contract has been completed, abandoned or terminated, if the owner engaged a head contractor, or

(b)the improvement has been completed or abandoned, if paragraph (a) does not apply.

Limitation and notice to commence an action

33 (1)If a claim of lien has been filed, an action to enforce the claim of lien must be commenced and, unless the claim of lien has been removed or cancelled under section 23 or 24, a certificate of pending litigation in respect of the action must be registered, not later than one year from the date of its filing, in the land title office or gold commissioner's office in which the claim has been filed.

(2)Despite subsection (1),

(a)an owner, or

(b)a lien claimant who has commenced an action

may serve on a lien claimant, or other lien claimants, as the case may be, a notice to commence an action to enforce the claim of lien and to register in the land title office or in the gold commissioner's office, as the case may be, a certificate of pending litigation within 21 days after service of the notice.

(3)The notice served under subsection (2) must be in the prescribed form, and service is validly effected if the notice is

(a)served personally on the lien claimant, or

(b)mailed or delivered to the address for service given in the claim of lien.

(4)If service is by mail the notice is conclusively deemed to have been served on the eighth day after deposit of the notice in the Canada Post Office at any place in Canada.

(5)Unless an action to enforce a claim of lien is commenced and a certificate of pending litigation is registered within the time provided in this section, the lien is extinguished.

《建筑商留置保全法》第33条规定，如果在申请房产质押一年内没有提起法律诉讼的，质押权自动失效。