Legal Question in Business Law in Connecticut

Breach of Verbal Contract:

2 weeks ago, I purchased a $1,500 ticket for a 2 day fancy seminar. I was allowed to invite a "free" guest. However, I had a verbal agreement with an acquantiance/ friend that she would pay 50% of the cost. (We would each pay $750).

We both attended and received materials valued at "$2000."

Towards the end of the seminar, she acted shocked that I was asking for her 50%. Yet, I was very clear. I wrote out the costs for her and even lowered the cost to $500 if she would allow me to copy her "Home Study System". (valued at $500). She agreed this was more than fair. We had planned to see each other within a couple of days. She would give me the $500 and use of the materials.

The Verbal Contract:

She would pay 50% Ticket: $750.

I would pay 50% of her "Home Study System" $250.

Her Remaining Balance: $500

This woman has "disappeared." She has not responded to calls, texts nor emails. I emailed her 2 days ago. I stated that my next step is Small Claims Court.

MY QUESTION:

How can I get this woman's attention, have her pay me the $750 and avoid court?

I am thinking of giving her one more chance to respond.

I can mail her the court form filled out with extra costs of 1.) loss of income of work I missed due to this situation 2.) the materials she has not paid for. 3.) Court fees and other costs Total: $2000

Would it be accurate to say: "she is in possession of stolen property" with the business materials of $2000 ? [She did NOT pay for anything.]

4.) I would also like to remind her: this is bad business for her as a "business coach" (lying, cheating, taking advantage of someone who made it clear they could NOT pay for both tickets themselves. I could report her to the BBB ect.

To avoid a dragged out court process and risk an unfavorable outcome,

What else can I try to acheive a swift reimbursement ?

thank you,

Monica

Already Tried:

Looking into Small Claims Court in CT.

Emails to the defendent that I am going to take her to court if not paid by tomorrow.

(no response)....


Asked on 4/13/11, 6:06 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. You won't be able to prevail on "loss of income of work," etc. That's not the kind of thing a small claim court judge or referee awards in the absence of a specific written contract term that provides for this. Second, I would chalk this up as a learning experience and move on. Is it really worth your time, and collection efforts and expense (if you even prevail) for $500? Next time, get the money up front and don't rely on verbal contracts. 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

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Answered on 4/13/11, 6:14 pm


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