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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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On 7/13/2010 I had a salesman come to my home to sell me a

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On 7/13/2010 I had a salesman come to my home to sell me a meat delivery service,we signed the contract and I paid a 200 something deposit,the company made a delivery of the first amount,we were to make monthly payments of 300 for 6 months however after the initial delivery and my second payment I did not receive any further delivery,I held off any further payments and made numerous calls to the company,after a payment of 300 dollars they still did not deliver,Now after all this time we recieved a notice of a judgement being filed,I immediately called the lawyer whom was on the judgement,he was to call the company as I told him I was willing to pay However I need a guarantee that I will recieve delivery of the "meat" and along with that the total amount they say I owe 1800. is incorrect,the Lawyer sent me a letter stating the amount is 1300 for the "equipment", and as far as the meat delivery I will need to contact the company,I again e-mail the lawyer explaining I have no equipment and If this company would have sent me my product after I made the payment initially we would not be in this predicament,I do not want to pay 1800 or even 1300 dollars for nothing it makes no sense,about 2 weeks ago I recieved another notice of Judgement which was again hand delivered to our front door,I guess this was a tactic by the Lawyer I dont know,I dont know what to do at this point,I am scared to go to court for this,I have all the paperwork that shows I have no equipment but I don't know what to do,after I put this companies name into Google I see alot of complaints and it appears for the same reason as what I am going through.when I also try to get info online It seems I will have to tell a judge why I waited to go to court,is this true,I was attempting to speak with the lawyer but Im sure at this point he thinks I am lying about equipment.Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. However you do have quite a few options. First of all, when you appear in court, tell the judge that the reason for this was the breach of contract on the part of the other party. Consider bringing copies of your emails and letters discussing this situation with their attorney or with them (if you kept such records). If you can claim and show breach on their first, it would then justify your refusal to pay further since they themselves failed to execute on the contract. Similarly if you bring a copy of the past contract with you, point out to the judge that there is no mention of any sort of 'equipment' or items in the terms--state that nothing was received, and that this is a phantom charge that put there to potentially inflate the claim but is not an accurate representation of your initial terms with the other party.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36968
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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