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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i perform computer services for an Attorney and he refused to pay. i took hip to cicil cou

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i perform computer services for an Attorney and he refused to pay. i lost the civil suit because he is claiming that we never had any contractual agreement, a signed contract but it was not dated. i would like to file an appeal or file a new suit for unpaid services not under the terms of the contract. i do have invoices. Is this possible? what are my options?

Thank you for your question.

Hmm, it may be possible but it would be useful to know a few facts first.

1. When was the decision handed in against you?
2. What was the original cause of action, breach of contract?
3. How much does he owe you at this time?
Customer: replied 4 years ago.

1. 9/25/12


2. He has always has a running unpaid balanced. i would bill him monthly and he would wait and pay portions of the bill. he just stop making payment. i wold call and make arrangement but he never would make good.


3. as of today the running balance with a contract is $4091.86 dated from 5/24/08. without any contract he would owe me over $4200


 


 


 


i lost the civil suit because he is claiming that we never had any contractual agreement. we had a signed contract but it was not dated. i would like to file an appeal or file a new suit for unpaid services not under the terms of the contract. i do have invoices. Is this possible? what are my options?

Rayhon.

I appreciate the information but I am still unsure as to what you originally filed suit for. Was it for breach of contract or for a diffent cause of action?
Customer: replied 4 years ago.

it was for the unpaid balanced. he ask me to let him out of the contract in January 2010 and i did. i ask him to provide written notice of his intent and he did, but my wife mis place the letter when we move later that year. this was my proof that we had a contractual agreement

Thank you for your follow-up.

Now I see, and without the letter of intent you had no contact and therefore no further cause of action.

What would permit you to potentially pursue a new cause of action are two separate issues, both via to your claim:
1. You need to see just how the original decision was put into place. Since it has been less than 30 days, you can file for a formal appeal and get a higher court to evaluate the original terms and see if the original judge made an error.
2. The law does not generally permit you to file the same suit twice, or sue twice for the same subject matter, unless your original complaint was dismissed 'without prejudice'. It also means that if you sued over breach of contract, you cannot sue him over it against as he already defended that cause of action successfully. What you would instead need to do is create a different cause of action, such as for 'unjust enrichment', and try again.

Good luck.

Customer: replied 4 years ago.

I would like to explore the 2nd option.


since the first suit was brought under the terms of the contract and for a different amount. would it be possible to brought a 2nd suit not under the contract, but for unpaid services above and beyond the contract. for example.. there were services render that has nothing to do with any contract. there were benefits provided under the contract that would not apple now (lire reduce rate, hours work that was not bill because it was cover under the contract. Do you think i have caused to construct a new suit for these types of unpaid balanced?

Rayhon,

The different amount is a non-issue. If the actual service or injury did not change, the fact that you now wish to sue for more is not good enough to pursue an additional cause of action. As for additional services that you did not sue for initially, I absolutely see that as a legitimate cause of action, but you must show that the additional services you wish to sue for were not in any way part of your initial suit. Just know that if you personally failed to charge for those fees, that is not an actionable suit, the amounts you have to sue for are services the other person consented to receive AND promised to pay you. To put it in perspective, if you want to sue for hours that should have been under the original contact, then those charges are NOT new, and were already dismissed.

Good luck.

PS. I am going to be logging off for the night. If you will have additional concerns or questions, I promise that I will respond to them in the morning when I will log back online (I just do not want you to feel or think as if I am ignoring you, or abandoning you, I am just going to be offline for a period of time).


Customer: replied 4 years ago.

Dimitry,


So my best course is to go through the appeal process


 


Thank you very much.

 

Thank you for your follow-up.

If you do not have new charges or transactions, then an appeal is a better approach, most likely.

 

Good luck!

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