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Contract Law
Contract Law, Attorney
Category: Business Law
Satisfied Customers: 2
Experience:  Attorney since 1994 - business law, contracts and asset protection
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I made a contract with one employment agency and paid certain

Customer Question

I made a contract with one employment agency and paid certain amount. But the agency could not perform the job done with in that period. I gave him written notice of refunding my amount in one month period which was writeen in our contract and agreement too. But i never receive anything and hear anything from him with in one month period.What should i need to do to get my money from him. what are the chances of getting my money from him going to the court. how long it will take to decide this type of case from the court. what will court will do? what about if he refused to obey the court order.I am planning to inform his acts to the goverment authorities. can i do that
Submitted: 5 years ago.
Category: Business Law
Expert:  Contract Law replied 5 years ago.

If the amount is minor (less than $2500) it may cost you more to sue them using an attorney and you may want to investigate if your small claims court will be able to handle this case.

 

If it is more than that, you may have to hire an attorney to file a breach of contract suit against them. Also check with a local attorney to see if you can sue under your state's consumer protection statutes which may provide additional damages.

 

The time frame to decide this case is dependent upon the court it is being heard at, what the existing caseload is, and is not easily guessed at.

 

To get your money from the business, you will need to show that they did not perform the required duties in the contract and that you did. You will need to provide a copy of the contract, the specific clauses that were violated (with such proof that you have), a copy of your request for termination under a specific clause in the contract and the response received for the termination request.

 

If he disobeys the court order to reimburse you, then he will be liable for additional damages to the court. You will have to consult a local attorney as to the process to have your judgement executed.

 

You can always file a complaint with the Attorney General's office of the state where his business is located and request that they also look into the matter. However, you can only assert items you have specific proof in your possession on. Without proof of your allegations, the business owner could sue you for defamation. You can also write letters to the editor of your local paper, file a complaint with the chamber of commerce and better business bureau, as well as go to business meetings and discuss the company's non-performance of the contract. Again, make sure you only discuss items that you have specific proof on. You cannot say that the company did not perform under the contract because that is a legal conclusion that may or may not be true, you can state that you were not happy with the performance of the company as they did not seem to do anything on your behalf.

 

Be very careful in what you tell others to prevent you from being liable for damages to the company.

 

If this has answered your questions, please press Accept. If you have additional questions, please do not hesitate to respond.

Contract Law, Attorney
Category: Business Law
Satisfied Customers: 2
Experience: Attorney since 1994 - business law, contracts and asset protection
Contract Law and 11 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
what will be the case if he refused to obey the court order and refused to pay me.
Expert:  Contract Law replied 5 years ago.

If he refuses to pay after the court orders him to, then he is in contempt of court (potentially jail time) and you can have the court issue a bench warrant for his arrest.

 

You should also consult a local attorney on how to enforce the judgment given to you by the court. You could ask the court to authorize the filing of a UCC-1 against the business and/or authorize the judgment to be satisfied by attaching the bank accounts of the company.

 

He would be in a lot more trouble if he refuses the court order. Also, you can ask the court for him to be liable for your court costs and attorney fees (look at your consumer protection statute to see if this is available by right of law or if you have to specifically ask for it). If the statute does not say, then specifically ask for it in your initial complaint (consult with a local attorney for this).

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