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Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 57753
Experience:  Experienced lawyer
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I live in California. I have a dispute with a business owner

Resolved Question:

I live in California. I have a dispute with a business owner who lives in Oklahoma. I ordered business leads from him over a year ago. I have paid him for all these leads except the last month he provided these leads to me. I have not paid him for these leads because they were not what he had promised to deliver. A letter was sent to me by his lawyer threatening to sue me. He lives in Oklahoma. The lawyer claims I have not attempted a solution. I emailed him and said I wished to negotiate. He has not acknowledged I sent the email. If he continues with his threat to sue, how will that work since we live in different states?
Submitted: 8 years ago.
Category: Business Law
Expert:  Infolawyer replied 8 years ago.
How much does he claim is due?
How much do you claim is due?
what state are you in?
what state is he in?
Customer: replied 8 years ago.
He claims $11,700 is due (at $2.00 a lead). I will pay $0.50 for the leads, since he does have costs to cover = $2,925 is my claim as to what is due.

I live in California. He lives in OKlahoma.
Customer: replied 8 years ago.
If you believe I need to pay the $60, instead of the $40 for an answer to this question, I will do so -- just let me know how to do this, if you feel I should do this.
Customer: replied 8 years ago.
Also, if it would help, I can fax the letter from the attorney to you, as well as my last email to the business owner, whom I have not yet heard from.
Expert:  Infolawyer replied 8 years ago.
As he is out of state, the cost of litigation for him would likely press him to either not pursue the matter or settle closer to your amount. Make a low offer. i assume the agreement was for leads of a certain value and if his leads were valueless or poor, you have basis to dispute it. It would help if the agreement concerning the type of leads acceptable was in writing so you could better explain the position.    
Customer: replied 8 years ago.
Thank you. One part of the question I still would like to know. How would a suit work since we live in different states. Would he need to sue me in California, or can he force me to go to Oklahoma. Where would the suit occur, and if California, would he have to physically come to California to sue me?? Maybe I didn't make that part of the question clear, but I really want to know this.

Customer: replied 8 years ago.

One more note: I never had a written agreement with him regarding these leads. I paid him weekly for the leads I ordered, but there was never an agreement.
Expert:  Infolawyer replied 8 years ago.
He would need to sue you in your state. This is expensive and would likely involve him hiring a firm in your state to pursue it. If he ses in his state, a default judgment wont do him any good as far as enforcement. The distance works to your advantage.

Since the agreement is not in writing, both sides should be flexible. A court would be hard pressed to determine what are proper leads versus inadequate ones and may need expert testimony as well as looking the course of your business dealings. This is a case that should settle early to save both sides legal fees that could easily surpass the balance at issue.
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