Legal Question in Business Law in New York

My company facilitated a transaction between two parties. Because one of the parties is located in mexico, the other party asked that our company act as the billing party. Meaning the company in mexico will transfer the money to us and then we in turn will turn the money over to the party located in the US. We did so without any mark-up and as a courtesy.

Now the party in the US is claiming breach of contract on the part of the Mexican party. We told them that is something they have to resolve with the party in mexico because we have no control over what that entity does. Apparently, they weren't able to get anywhere so the party in the US is suing us in the State Supreme court in NY. The only document that exists is an invoice made us to us but clearly indicating that it's for the services rendered to the company in mexico.

does an invoice constitute a contract?

Thank you


Asked on 6/10/10, 3:40 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

No, an invoice does not constitute a contract. But it can be evidence of a contract.

If you have been sued in NY State Supreme Court you have a limited time in which to serve your answer, and if it is a corporation that has been sued that answer must be served by a licensed attorney.

If I can be of assistance, please do not hesitate to get in touch.

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Answered on 6/10/10, 7:40 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. If you have been sued, now is the time to retain an attorney to defend the lawsuit. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/11/10, 6:52 am


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