Legal Question in Business Law in California

This is a breach of contract. The burden in on you to prove there was a contract. They can raise the statute of frauds if the second person signed as a guarantor if there was no contract. Basically you have to prove to the court's satisfaction that you are owed money. If you can show that you withdrew or paid money and they received money at or about the same time then it would be evidence there was payment.

Anything you can show facts making it more compelling.

If you have a signed contract, then the case isn't just about your word against theirs. Did you advance the money by check? Did they make their partial payment by check? If so, you should be able to show the court copies of the checks. If you didn't keep copies for your records, you should be able to get them from your bank. Request them right away, though, since processing such requests can take time.

As a Franchise Attorney I agree with the previous attorney answer. With a signed contract, it's not your word against theirs with respect to whether or not there is a contract. And whoever signed it is liable, normally. Your real issue is not winning in small claims, bur collecting on the judgment. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Well, to move this matter to a stronger position rather than simply testimonial evidence, it would be nice if you could obtain any documentary evidence such as copies of deposits into their business account to support the fact that you gave them the money. Any "records" of withdrawals, payments or deposits will help your case. You may also want to read the NOLO book on How to Win in Small Claims Court...and be sure to locate any assets they may have so that you can execute on the judgment.

By Grace...

Shawn Jackson ESQ. (707) 584-4529

Business Development Attorney

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