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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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I am an individual and I went into a written contract with

Customer Question

I am an individual and I went into a written contract with an LLC in which I gave them $3,400 with an written agreement that I would receive $4,900 no later than 01/10/09.When the agreed date came and went with no payment I contacted one of the two individuals that make up the LLC.I then contacted the second partner of the LLC and was told that they were flipping a property and they were paperwork hold ups.I then verbally agreed with the second partner to accept the money no later than 02/28/09.When that partner was contacted by me on 02/27/09 I was told they are still problems with paper work and could not be given a date when I would be paid.In short what do I do
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- The only legal remedy you would have for a breach of contract would be to file a suit for the money. If the contract states the money is due on a date certain and the money was not paid then the contract has been breached.

 

When you file your suit I would attach a copy of the written contract as an exhibit. You should sue in the county where the LLC does business.

 

David Kennett - JD - Attorney at Law

Customer: replied 7 years ago.
Does it make sense to sue and have the additional expenses /loss of time and is there any less expensive/time consuming ways to pursue and what is the chance of reclaiming these funds in a reasonable time
Expert:  Dave Kennett replied 7 years ago.

Well you can keep calling them and writing to them but the only legal solution is through the courts. I can't tell you that there is a reasonable chance of getting the money, even if you sue. Once you get a judgment you still have to collect so there are no guarantees either way. If you file suit pro se it only costs the amount of court costs which is relatively small. I just don't know of any other legal avenues to collect money that is owed.

 

Dave

Dave Kennett and 5 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Thanks
Expert:  Dave Kennett replied 7 years ago.
No problem and thanks for using our service - Dave

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