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Flagbridge-ADR
Flagbridge-ADR, Arbitrator/Mediator
Category: Legal
Satisfied Customers: 4618
Experience:  Law Degree, New York Bar Exam, Arbitrator/Mediator, Just Answer LEGAL Mentor.
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I signed an advertising contract for an ad in a ...

Customer Question

I signed an advertising contract for an ad in a publication. Contract says 50% due on contract, 50% on proof. Never gave them money. Was told they needed 50% before publishing. Didn''t have the money, assumed I lost out on the ad, they published anyways. They now want paid after publication. I am in Ohio, signed with salesman in Ohio, company in California. Am I liable for the cost of advertising?
Submitted: 6 years ago.
Category: Legal
Expert:  Flagbridge-ADR replied 6 years ago.
Hello,

If you have signed the agreement and didnot follow the termination clauses then you are liable for the cost.

The problem is the proof. Did they issue you a proof prior to publication?

Regards
Flagbridge-ADR, Arbitrator/Mediator
Category: Legal
Satisfied Customers: 4618
Experience: Law Degree, New York Bar Exam, Arbitrator/Mediator, Just Answer LEGAL Mentor.
Flagbridge-ADR and 16 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Flagbridge-ADR's Post: They did send me a proof in August of 07. I signed the contract in April of 07. They evidently published it sometime after that. I didn't try to cancel because I thought time had passed. Contract had a 3 day cancel clause. I was way past that. Since I was told that they had to have the money before print, I thought it was already a goner.
Expert:  Flagbridge-ADR replied 6 years ago.
When they senyt you the proof did you tell them not to print it?
Customer: replied 6 years ago.
No. Did not realize that was an option. If I am liable for it, can the attorney force me to pay half of it now in the form of a post-dated check, or do I have rights to making arrangements that I can actually meet.
Expert:  Flagbridge-ADR replied 6 years ago.
Hello,

You appear to be 100% liable for it as you made no attempts to notify the other side not to proceed.

First thing to do is to send a debt verification letter to the attorney. Here is a sample HERE

Once you receive a response, the next thing to do is to send a written request for an installment plan. You should make the proposition of the payment plan.

If you propose a reasonable plan and the attorney rejects it and then sues you, you have a counter argument for costs to be awarded against the attorney as your have taken reasonable steps to mitigate this.

The key is to make your settlement reasonable.

If this helps please click ACCEPT.

Regards
Customer: replied 6 years ago.
Am I correct to assume that I do not send a post-dated check to him? Even though he is threatening to increase the charges by having a PI investigate me for assets, etc? And by taking it to court if I don't pay half now?
Thank you for your help. I will accept the answer in a minute.
Expert:  Flagbridge-ADR replied 6 years ago.
You need to first send teh debt verification letter.

You have the right to send that letter. Please read the letter sample.

Do not send any money until you have a written settlement agreement.

Customer: replied 6 years ago.
Thank you. I am doing the letter now. I just called and got his fax number from the secretary. Will fax to him. I am not trying to get out of the debt, they did print the advertising. I just thought that I missed out and had not planned for it until the letter came. I just don't want to be strong armed into it.
Again, Thank you
Expert:  Flagbridge-ADR replied 6 years ago.
If you fax this to them YOU MUST follow it up by mailing it to them

Customer: replied 6 years ago.
OK. If he should call me in the meantime, what should I tell him? Or after he recives the faxed or mailed letter?
Expert:  Flagbridge-ADR replied 6 years ago.
Great question.

Tell his office,

"Thank you for your inquiry. I want to reaffirm I am not refusing to pay. However I would like to verify the debt in its entirety
, and have all costs outlined.

You will notice in the fax I sent, which I have followed up by first class post, my request for debt verification. Further I have asked that all correspondence be in writing on this matter. After I receive the debt verification information in its entirety I will be in touch. Regards".

If they continue to pressure you, repeat the above statement in a polite tone. every time they ask a question repeat the statement in a polite tone.

Best of luck.
Customer: replied 6 years ago.
Thank you

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