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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I am being sued for $1,500 by my former accountant because

Customer Question

I am being sued for $1,500 by my former accountant because he says he helped me with filing for unemployment and help with a expense issue at my job. He states time is $250per hour for 6 hours. I have phone records showing only 57 minutes and 4 emails. No in person meetings occurred no written contract explaining this was ever created nor did I ever verbally agree. I paid the last two years for doing my taxes figuring these charges were basic enough to be free of service. Does his suit have any merit? Can I ask for a dismal for lack of contract?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: New Jersy
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can ask for a dismissal but a written contract is not required before someone may be liable for payment for services rendered. A person can charge for services rendered under an oral contract or under an equitable theory of law called "quantum meruit".

As far as as whether his case has merit, I can't say since I haven't seen the evidence but I can say it is unlikely a judge will dismiss the case sue to the two theories of recovery I discussed above.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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