Legal Question in Civil Litigation in Pennsylvania

Do i have a case?

Ok so, long story short. i was in a rock band with some close friends. Things started getting serious and the band was showing great potential. With in 3 months of being a band, we were flown out to california to record and when we got home we were approached by savvy managers, who had a professional touring band themselves. We were asked to go on tour with them playing in front of 2000 kids a night, and really get our name out there. We needed a van, or we were not going to be able to go. My Father agreed to buy us a van, being that the band seemed to be going places and that a Record label would surely sign us. Each member of the band made several Verbal Agreements that my father would be paid in full, 11,000 as soon as the band was making money. Well, we went on tour and when we got back we signed a recording contract. A few weeks later i get kicked out of the band and then the band broke up. My dad is out 11 grand. I have asked for money many many times from the other members and have gotten nothing. can i take these guys to court?


Asked on 9/09/08, 9:13 pm

2 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Do i have a case?

You asked about a verbal agreement to repay money.

There are a number of questions to answer (but please don't answer them unless you are ready to hire an attorney). What has become of the van? Are there any writings, checks, emails or text messages that substantiate the agreement? Any phone messages? Any witnesses to the agreement? How did dad pay? Who was witness to the transaction? What do the transaction documents say? And so on.

Sure you can sue the other members for the amount due. But you'll need to demonstrate that you have mitigated damages by liquidating the van or otherwise repurposing it to capture value. You will also need to consider the ability to collect on any judgment.

It's a pretty common case as you have surely seen on those Court TV shows. The question is rather are you up to making the case yourself or can you afford the risk of hiring an attorney at an hourly rate.

Regards,

Roger

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Answered on 9/10/08, 1:50 am
Doug Harhai The Law Office of Douglas Harhai, LLC

Re: Do i have a case?

I am not hopeful that your father has a great case, based on your facts. As Roger says, there are many facts involved. However, your band members' contractual promise appears to be illusory--they really aren't making a definite promise. "We will promise to pay you when we make money", is not definite. "I promise to pay you next May 15th, 2009" is definite. As such, they may have a defense to payment. You will need to talk to an attorney that specializes in contract law to determine your father's chances of success.

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Answered on 9/12/08, 11:52 pm


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