Legal Question in Business Law in California

Small Claims Matter?

Is the small claims court the right venue to sue a sales agent (on behalf of his/her company) for misrepresentation of a contract which will cost me financially (about $6,000)?

Basically, I signed an advertising contract for 3 mail drops at a cost of $200/drop. It plainly says this on the contract and the sales agent verbally expressed the grand total to be $600. But now her company is demanding far more, trying to use small prints of the contract to say that I'm locked in for X amount of months. The sales agent will not take my calls or answer my emails and I now want her to pay the difference. According to her company, she has also said that she made sure that I knew that it would be more than the $600, which is baloney.

The company has referred my bill to a collections company so no financial damage has yet to be made. I just want to pre-empt that whole part and just make the sales agent pay for the difference and also nullify the contract. Thanks.


Asked on 1/06/09, 9:06 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Small Claims Matter?

You didn't read the entire contract, and it's legally irrelevant that the salesman might have told you something different than what's in the written contract, so your question belongs in the category of Whining. Next time read the small print.

A small claims court judge might possibly disagree with me, and I haven't read the contract, so you have nothing to lose by going to small claims court except the filing and service fees and your time.

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Answered on 1/06/09, 9:47 pm


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