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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2815
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I own a small business. My daughter was a a dance studio who

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I own a small business. My daughter was a a dance studio who asked for my help. For the last year I did the audio and video editing for the studio as well as hosting their website. The Go Daddy account is in my name so the bill was sent to me. The verbal agreement was it would come off her tuition. At the end of the year we left under bad circumstances beyond our control. The money never came off our bill and amounts to about $1300. Other parents also have verbal agreements for working the desk, assisting, cleaning, making costumes. My daughter was even an assist and her $5 an hour was coming off our bill but I do not have a written contract. My CPA advises sending an invoice. I know it will not be paid. If it is not what should I do and will it be financially worth it?
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas Swartz replied 1 year ago.
Hello JACUSTOMER,

If you are owed at least $1,300, I would say it is definitely worth it to send an invoice to the dance studio stating that you had a verbal agreement with them that your services would come off your daughter's tuition, and that since it never was you now expect compensation for your services. I would inform them that if you do not receive some compensation, you are prepared to take them to small claims court. Oral agreements are enforced in small claims court all the time, and the procedure is easy for one to do without an attorney. You would probably have an easy case to prove, if you can provide evidence of the services you provided to the studio. Preserve all the evidence you can such as copies of the audio and video services provided as well as the website hosting bills. You will need all this evidence to prove your case to the small claims court. You would also be able to call in other parents as witnesses to help prove that the studio had all these oral contracts which they reneged on. You should begin to familiarize yourself with the Ohio Small Claims process and thus, I will refer you to: Representing Yourself in Small Claims Court. Once the dance studio receives a letter from you threatening small claims litigation, they are likely to pay you the $1,300, or work with you for some payment, in order to avoid the hassle of going to court.

Good luck.

Thomas
Customer: replied 1 year ago.

Thank You for the quick response. I would like to not pull in other families. This coach is very vengeful and will throw them out. I really don't want to hurt any of the children or moms with this. Can I ask for them to provide a written document and if so can it be confidential.


 


Last item. If they don't pay is it worth going to a collection agency or posting to their credit?


 


Great info Thanks again!!

Expert:  Thomas Swartz replied 1 year ago.
Getting a written document from confidential persons would not be admissible in court. The court will not look at it as evidence. So I don't think that is a good idea. But you probably have enough evidence on your own.

As far as going to a collection agency, they only get involved until you get a judgment. And as far as posting anything by a credit agency, they are not going to get involved again until you get a judgment against the dance studio. And it is not going to help you get any compensation from the dance studio.

Thomas
Customer: replied 1 year ago.

Thank you this has been very helpful.

Expert:  Thomas Swartz replied 1 year ago.
Good luck.

Thomas
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2815
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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