Legal Question in Business Law in Oregon

I performed professional tax services for an individual. I had a signed contract and performed all prescribed services up to the point that I terminated the client for cause(s) (one was that he bounced a check for payment of services, which alone was sufficient grounds). I'll mention that the contract has a clause that he will pay all legal and collection costs associated with the non payment of fees. So, I fired client for breach of contract. He then paid me after I threatened to sue. Subsequent to my firing him, he has caused all kinds of trouble, leaving obscene phone messages, writing me dirty & threatening emails, reporting and making false claims to the BBB, making the same false claims to the Board governing my profession, and other. I have spent above 30+ hours undoing the problems he created and continues to create. Can I bill him for my time, or sue him for other causes (e.g., business Interference, falsification of public representations, or whatever). He shows no signs of letting up. I want to shut him down. Clearly, he's retaliating for my firing him and not completing the work. I'm thinking that even though I've fired him, all my time spent re: this previous client is still ongoing and related to the "collection" matter, as it all about seeking a refund by him. Or is it a stretch to sue him on those grounds? Please advise.


Asked on 8/08/13, 8:40 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

After you terminated the contract and he paid you for it, you have had no contractual relationship with him. So you have no contract-related causes of action against him. You can sue him for libel, interference with business, etc. You can do it simply in small claims court; see http://www.osbar.org/public/legalinfo/1061_SmallClaims.htm. One measure of your "damages" would be the time you reasonably spent countering his activities, but you can certainly sue him for more than that. You may encounter a problem with the Oregon anti-SLAPP statute. You might want to consult an expert on that, Linda Williams at 503-293-0399 [email protected].

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Answered on 8/08/13, 6:58 pm


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