Legal Question in Business Law in California

You have nothing to lose by suing for the full amount. Why would you let them talk you out of getting paid?! Feel free to contact me if serious about getting counsel to helpl.

Unless you have pretty much an iron clad agreement not to do work without a PO or you don't get paid, the PO issue is a red herring. It's basic black letter law that if you do work at the request of a person with the understanding you will be paid, you can collect. Your only disadvantage is that as a corporation you have to be represented by an attorney, which will eat up your collection.

It sounds like you definitely have a valid claim against them, and the emails are proof of them ordering the work from you. Sometimes a demand letter from an attorney is all it takes to get people to pay what they owe. And, if not, you could file a complaint against them and possibly seek attorneys' fees and other damages.

Looking at the facts, you clearly have a position to sue for the full amount of the work without the PO ($4150) and for the other PO's 11k. My firm has experience in handling purchase order transactions in the past. Feel free to contact my office for a free consultation and we can discuss your options and alternatives to bringing a lawsuit.

Jim Betinol

Attorney, Partner

Withrow and Betinol Law

[email protected]

(t) (424) 229-2560

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

As a Franchise Attorney I agree with what the other attorneys say. The key issue is whether you have any writing with the client that provides for attorneys' fees in the event of a dispute. If not, the legal fees will eat up anything you ultimately win and then collect on. Of course, spending a couple hundred on a good attorney demand letter makes the most sense at this point. Reluctant clients have a major attitude change after getting such a letter. 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

Mr. Franchise gives a good summary of the prior advice. I would like to add a couple of thoughts: (1) Keep in mind that in Small Claims Court a corporation can sue for up to $5,000 and (2) can represent itself through a (non-attorney) officer, director or employee. Also, (3), the terms of a contract can be established, ascertained, clarified,explained or waived by the parties' actual prior performance under the contract. If your client has had a practice of expecting, accepting and paying for work started before a P.O. was issued, this practice is arguably part of your agreement. Finally, do a little on-line research on the principle called "quantum meruit" which allows someone who furnishes services at the express or implied request of another to recover the fair value thereof, even if the contract between them is defective, unenforceable or nonexistent.