Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,
I am sorry to hear that you are having such a difficult time being paid for services you have already rendered. It is truly unfortunate how some people seek to take advantage of others in this way,
I would be glad to assist you in filling out this form for your claim, but first let me say that sometimes the law does not fully support our position and justice is not always just. Please understand that I can help you only to the extent that the law permits.
1. You deserve to be paid in full for the services you rendered and your claim is based on the law of contracts. Their refusal to pay you has caused you to sustain "damages". A plaintiff is said to sustain "injuries" in tort claims and these injuries always refer to "physical injuries". That is not the case here. Therefore, the first paragraph in which you refer to "injuries" is inappropriate for a claim based on contract, and must be deleted;
2. Your first paragraph should read something along the following lines:
I have performed all obligations under our Agreement and your non-payment constitutes a breach of our Agreement. As a direct result of your breach, I have sustained damages in the amount of Sixty Thousand Dollars ($60,000.00) is well overdue. If I am forced to incur additional expenses, fees, and costs in the collection of this amount which is justly due me, I will demand interest at the maximum legal rate permitted by law";
3. You can really include your fees, costs, and expenses in the above paragraph and it need not be a separate paragraph. However, if you prefer, you can keep them in separate paragraphs. Your next paragraph, then, would read along the following lines,
"I have performed all obligations under our Agreement and your non-payment constitutes a breach of our Agreement. As a direct result of your breach, I have incurred additional fees, costs, and expenses in the amount of $________ ; "
4. I read your statement that you obtained these forms from Law Depot; If their forms included pain and suffering for a contracts claim, they are wrong. A plaintiff whose claim is based on Contract, cannot make a claim for "Pain and suffering". This is strictly confined to tort actions for personal injuries.
5. Your next paragraph should include a claim for your attorneys' fees,
"I have performed all obligations under our Agreement and if you continue to refuse payment to me and I am forced to incur additional legal expenses, my claim will also include a demand for Attorneys' fees";
6. Your next paragraph should read as follows:
"Without waiving, or prejudicing my rights to demand and recover payment I in full, and in the spirit of cooperation and compromise, I will agree to settle this matter upon your payment to me of the sum of _____________ Dollars ($ .00), provided that acceptance of this compromise and payment by you is made not later than _______________ . If I do not hear from you and receive payment by such date, this offer to settle shall be null and void and of no further legal effect";
I do not think it would be a good idea to tell them that if they do not accept this offer to settle that you will introduce this letter into evidence because under the Rules of Evidence, negotiations between parties in an attempt to resolve their differences, and settle a matter, are not admissible in Court.
I wish I could give you the Answer you were hoping for, and I apologize for not being able to do so, although it would have given me great pleasure to have been able to tell you that all your paragraphs could be included in your document, but I have an ethical obligation to you to give you only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me.
If I have not Answered your question in full, please use the "Reply" button to let me know and I will be glad to explain further,
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Thank you for allowing me the opportunity to assist you,