Legal Question in Business Law in California
I signed a contract with an internet marketing company to do search engine optimization which they never did.
Because I was skeptical of their performance at the get go I refused to fill in the auto debit part of the contract as the contract suggested and the guy agreed that we go month to month with the provision that I can leave any time.
the company was paid $2,500 and never performed so I never paid them again and the guy is suing me for 2400 dollars
4 Answers from Attorneys
I am not sure what your question is but if you are being sued and you don't agree with what they are suing you for, then you should contact an attorney to defend you against this lawsuit and potentially file a counter-suit.
These kinds of cases are highly fact dependent so you should consult an attorney. If it turns out that they breached the contract first, then not only are you not required to pay them another $2400 but you should also get your initial payments back.
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.
The other attorney is on point here, except for $2,500 it doesn't sound like the case you'd want to pay an attorney to get involved - except to write a good letter to the other side. Otherwise, it's probably a small claims matter. Good luck and consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Is the guy just saying he's going to sue you, or have you been served with a summons and complaint? Did you get a notice to appear in Small Claims Court? If you really are sued, rather than just threatened, you'll need to answer and defend, or you'll lose by default.
If the service provider can show he performed the contracted-for services competently, but despite his efforts he got poor results, the judge is likely going to decide against you, unless you received a written guarantee. Like well drilling or advertising campaigns, providing competent services doesn't always produce the desired results, and the service provider is neither at fault or liable.
On the other hand, if you can show the judge or jury that the service provider really did little or nothing on your behalf, you should win.
I have a case against a company like this one in Orange County, California. If that's where your company is, would you please get in touch with me.
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