Legal Question in Business Law in California

client missed appointment, won't pay

Hi--

I am a couselor. My client missed her appointment, and I invoiced her for the amount agreed upon, $60, but she refuses to pay. I state clearly on my website, which she told me she read, that cancellations must be made with 24 hour notice or the client will be charged. The money is not that much, but I am curious about the law and remedies.

--Quinton


Asked on 9/08/06, 12:27 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: client missed appointment, won't pay

Make her pay in cash and in advance the next time she makes an appointment. It's probably not even worth it economically to file a small claims lawsuit or hire someone to collect for you.

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Answered on 9/08/06, 12:33 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: client missed appointment, won't pay

I agree with Mr. Cohen on the practical solution, but you asked for a theoretical answer. This is a breach of contract, and in theory you could sue for and probably recover compensatory damages -- not necessarily $60, maybe more, more likely less, but (in theory) whatever your loss was. Usually losses are measured by the difference between what you would have billed and your costs for providing your service. There are other principles that could affect your theoretical damages, but the basic idea of contract damages is to place the non-breaching party in the same position (no better, no worse) than she would have been in had the contract been performed. This is called benefit-of-the-bargain damages.

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Answered on 9/08/06, 12:57 am


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