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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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An advertising company we had a contract with for the last

Resolved Question:

An advertising company we had a contract with for the last 17 years suing us in Small Claims Court for breach of contract after we decided to terminate our contract with them and gave them 60- day notice. They also refuse to give us our copy of the Contract to get ready for and present it to the Court.Do we have a right to demand our copy of Contract?How do we defend ourselves in Court since, even if it was not terminated, the original Contract obliges us to make at most two more payments of $900 each, and they are suing us for $4,700.Thank you.
Submitted: 5 years ago.
Category: Business Law
Expert:  MShore Law replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Yes, you have a right to demand that they produce a copy of the contract they are relying on to bring suit. If they cannot produce the contract, there is no way to sustain a claim on the alleged contract. At the small claims hearing you should produce a copy of the letter you sent requesting a copy of the contract, and make them explain why they did not comply and perhaps save everyone the time and effort of the small claims case.
Customer: replied 5 years ago.

It is not clear if there is legal leverage to force them to produce a copy of the Contract now?

How do we fight the fact that they are suing us for $4,700 even though that if the Contract has never been terminated we would owe them $1,800?

Expert:  MShore Law replied 5 years ago.
Yes, they have to produce a copy of the contract at the small claims case in order to proceed with the suit, if they do not have a copy of the contract with them, you can request summary judgment in your favor arguing they do not have any evidence of the terms of the contract entered into.

You challenge the $4700 by forcing them to substantiate the claim that they suffered such harm in light of the fact that the remainder on the contract is only $1800.Essentially, you are forcing them to prove how they arrive at the additional $2900.
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