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J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience:  Experienced and trained in the area of business law.
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We signed on to advertise in a womens magazine publication

Resolved Question:

We signed on to advertise in a women's magazine publication that was supposed to be a 2009/ 2010 edition. We very mistakenly paid the whole cost of the ad last spring when we first signed on. WE were supposed to have had a small ad and were told that we o=would be given the larger space in exchange for two of our very beautiful blouses for the publisher's girlfriend. The publication has still not come out. We don't know when it will come out. What do we do. A 2009/2010 edition would do us no good in Florida after the season is over, if it does come out at all.
Submitted: 7 years ago.
Category: Business Law
Expert:  J.Hazelbaker replied 7 years ago.
You have a legal claim for breach of contract, whether you have an oral or written agreement. Both are enforceable under Florida law.

If your claim is for $5,000 or less, than you can file in small claims court, which is beneficial because you don't need an attorney. The clerk of the court provides the forms and instructions for you to file your complaint.

Here are a few links to get you started:

Unfortunately, a civil legal claim is your primary recourse in a situation such as this.

Please let me know, if you have follow-up questions.
J.Hazelbaker and other Business Law Specialists are ready to help you
Customer: replied 7 years ago.

How is the ruling enforced?

Expert:  J.Hazelbaker replied 7 years ago.
Once you win your lawsuit, you become a "judgment creditor". You then can apply to the same court for a "writ" that permits you to garnish income or bank accounts. You may also seize property to sell at public auction.

If you don't have the information necessary to, for example, garnish a bank account, you can request that the court force the judgment debtor to provide that information under oath.

In addition, the judgment debtor's credit takes a substantial hit.