How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask William B. Esq. Your Own Question

William B. Esq.
William B. Esq., Attorney
Category: Business Law
Satisfied Customers: 3000
Experience:  I am a civil litigation attorney with experience representing and advising HOAs, businesses, and individuals.
71563194
Type Your Business Law Question Here...
William B. Esq. is online now
A new question is answered every 9 seconds

I owned a Curves Franchised, when I bought it second hand,

Customer Question

I owned a Curves Franchised, when I bought it second hand, I also bought the merchant data machines to bill the customers. From Northern Leasing, they faxed me a contract for me to sign 3yrs. The day I opened I did not recieve the equipment. For one week no machines. Had no way to bill my clients.Or except new members. Very stressful. Noway to contact the Northern Leasing, couldnt not find the paperwork. Being I was new owner and very scared. So I went to my bank Suntrust in tears. and they set me up in one day, with First Data, merhant machines. When Northen Leasing finally came, UPS we didnt not sign or take them. They harrassed me for years, somtimes 50 times a day. calling. Letters non stop.I sent a letter from a lawyer and they ignored it. The lawyer said they never delivered the goods on timed breach of contract.
So I didnt hear from then for one year and then I hear from then again. They say It is with a lawyer and I will have to go to New York, I live in Fl. They will settle for 500.00. When i owe 2,000. But i never once did any bussiness with them, i did it with my bank , Suntrust. So how do i end this madness. pay the 500.00? i hate pay money i dont have. I already paid a lawyer $200.00 about 4yrs. ago. thank you kathi XXXXXXXX
Submitted: 1 year ago.
Category: Business Law
Expert:  William B. Esq. replied 1 year ago.

Attorney William B. :

Hi Kathi, I would like to assist you with your legal issue today. I cannot provide you with advice specific to your legal problem (no attorney/client relationship and I do not have the facts sufficient to provide a complete legal opinion). I can however, provide you with general legal principles that apply to situations such as the one you are describing.

Attorney William B. :

My understanding from your post is that you are describing the following: (1) a written contract signed in Florida between a supplier of merchant machines, and a proprieter for the lease of equipment; (2) the supplier failed to provide the equipment in a timely manner under the terms of the agreement; (3) the failure to provide the equipment caused economic harm to the proprieter through an inability to perform business; (4) the proprieter immediately leased alternative equipment from a third party which provided the equipment in a timely fashion; (5) after receiving the replacement goods, the initial supplier's product arrived, and was refused by the proprieter; (6) the supplier demanded enforcement of the contract; (7) the proprieter's attorney wrote a letter identifying the supplier's material breach and the proprieter's election to void the contract; (8) the supplier did not contact the proprieter for approximately one year after this notice; (9) the supplier now threatens suit for breach of contract, and wishes to enforce the contract in New York state.

Attorney William B. :

Given the facts as stated, it appears that the attorney's letter regarding a material breach and voiding the contract is reasonable. A proprieter that cannot perform business without a necessary piece of equipment can be entitled to void the contract when a supplier who is aware of the fact that the equipment is critical and fails to produce the product without any acceptable excuse.

Attorney William B. :

I should start by stating that this is a contracts question, and all contracts questions must start with a careful reading of the contract (please make sure you do, it will include terms for prompt performance, breach, etc. that you should read and these terms are required to be in language that is understandable.

Attorney William B. :

There is also a waiver issue in the fact patter identified above, waiting for over a year after being notified by an attorney that a contract is being declared void by one party raises an issue called "estoppel" this basically means that the other party did not raise the issue earlier, so they cannot raise it now. (This is a very fact specific argument, so I cannot tell whether or not it applies, but I can tell you that it is something you should consider given the generic facts as I have summarized them.

Attorney William B. :

The forum issue is straightforward from a legal sense: Courts will allow parties to select the choice of "law" (e.g. this case will be decided under Idaho law), but they cannot select the forum (if the case is properly venued in Texas, it must stay there). If you have no business relations in a state outside of Wisconsin, do not reside there, and did not enter into a contract there, there does not exist a proper basis for venue outside the state.

Attorney William B. :

As far as the valuation of the potential claim, a $2,000.00 claim generally falls within the "Small Claims" jurisdiction, where individuals represent themselves (only entities such as corporations are required to have attorneys, as they cannot appear themselves), but trials are less formal, and the process is much less expensive. I cannot provide you with strategic advice in this matter, the following are only three of perhaps many possibilities that are more accurate or relevant given your particular facts and case, the following may be reasonable possible outcomes: (1) the supplier sues the proprieter out of state, receives a small judgment, and attempts to enforce it in state, the judgment is subject to "collateral attack" for lack of jurisdiction (forum); (2) the supplier sues the proprieter in state in small claims court at which point the parties each present their prospective arguments; and (3) the proprieter sues the supplier for whatever costs and expenses were incurred for the lost profit due to the suppliers' failure to produce the product on time initially.

Attorney William B. :

I hope the above is helpful, please let me know if you need more information, if I need to clarify something, or if I missed or misunderstood something. I will be happy to follow up.

Attorney William B. :

Dear Kathi, I do want to add that as a practical matter, most litigants (including large scale companies) will evaluate the costs and benefits of litigation prior to engaging in suit. This is the difference between a legal right and a practical claims analysis. I have no way to assist you with evaluating your own claim, I do not have the information to actually evaluate the value of the claims or counter claims in any potential or hypothetical suit, I cannot tell you how aggressive the creditor you are dealing with, nor how strong the claims are, but these are things litigants or potential may wish to consider in evaluating threatened litigation.

Expert:  William B. Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  William B. Esq. replied 1 year ago.
Dear Kathi,

I want to follow up with your breach of contract question. If you have any further questions (or if my response was not helpful), please do not hesitate to follow up, I do want to help as much as possible.

If you have not yet done so, and if I have fully answered your question, I would appreciate it if you rated my response to your post. I wish you the best of luck with this matter, and with your business venture.

Best regards,
Bill
Expert:  William B. Esq. replied 1 year ago.
Dear Kathi,

I hope that the information I provided in this post was helpful. I would appreciate it if you would give me a positive rating as I only receive credit based on your positive evaluation of my work.

If you are unsatisfied for any reason, or require more information, please ask and I will follow up.

Best regards,
Bill
Expert:  William B. Esq. replied 1 year ago.
Dear Kathi,

I wanted to follow up on my response to your inquiry regarding contract enforcement. I hope that the information was helpful, if you have any further questions please let me know.

If I was able to respond fully to your inquiry, please rate my response as I only receive credit for a positive rating.

Best regards,
Bill

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions