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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17252
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I was hired recently to write a screenplay. From the very beginning

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I was hired recently to write a screenplay. From the very beginning we had a verbal agreement between the producer who is a local man producing this on behalf of someone in another state, and myself that I was to receive a written contract stipulating that I was to be paid cash in the amount agreed upon. Along the way the producer had some problems and asked if I would hold stock in the company of the out-of-state party (the money party) until he could get cash. I agreed but insisted that I still receive a written contract and that my acceptance of his stock did not change our arraignment that I would be paid in cash. He agreed.
I began writing the screenplay but every couple of weeks called and asked about my contract. Finally it arrived. It wrongly stated that I would accept stock for payment. I called the producer and reiterated my position. He said it was simply a mistake and that he would have the attorney rewrite my contract.
Weeks later the second contract arrived. I was busy, heading out of town and didn’t read it carefully. I signed it and sent it to the producer. Later, on the plane I read it. Although the basic wording said I was to receive cash, in lawyer language, further along, it said if they wanted to give me stock they could.
At my destination I looked up the contracting company, a company in Arizona. All along I was told that this was a reputable production company that had a history in film production. What I found is that the company really didn’t exist. It was not listed with the state as a legal entity, and in fact I could find no history of it in Google.
1. Is it considered fraud to tell someone they are signing a contract with a legal entity that is not a legal entity?
2. Can I be held to this contract simply because I signed it thinking it was a legal entity?
I have broken all ties with this “company” and in fact, after having spent nearly 200 hours working on the project based on a promise of pay, I will be filing a small claims action to receive promised compensation. I have email proof of our conversations and their understanding that we had a cash deal. Does our verbal contract hold a higher legal position than the two contracts they wrote that were incorrect?

Marc
Submitted: 4 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 4 years ago.

WALLSTREETLAW :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

WALLSTREETLAW :

This is an unfortunate situation,

WALLSTREETLAW :

In terms of the contract a written contract is better than a verbal contract, however if you can show through evidence such as emails, or other correspondence,

WALLSTREETLAW :

that a verbal contract existed and both sides agreed to the terms, that could support your case that the verbal contract terms if what is valid.

WALLSTREETLAW :

In terms of the contract, if one party induced you by fraud, which may be the fact here,

WALLSTREETLAW :

the contract would be invalid,

WALLSTREETLAW :

however the fact remains you performed a service to them, and should be paid,

WALLSTREETLAW :

a Court should review the evidence and support you

WALLSTREETLAW :

The emails you do have will serve as evidence,

WALLSTREETLAW :

as long as you can prove who sent them, and the dates are verified,

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask

WALLSTREETFIGHTER and 3 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
WSL,

Their contract states specifically "_______ FILMS, LLC, an Arizona limited liability company" and yet cannot be found in any listing with the Arizona Corporation Commission. Does this constitute fraud when it is written in a contract and yet doesn't actually exist as an LLC in Arizona?

After I pointed this out they rewrote their contracts with all the other members of the production.
Expert:  WALLSTREETFIGHTER replied 4 years ago.
The contract could be invalid, as the Party claimed did not exist at the time, so the party signing such agreement could not sign for such a corporation as it did not exist.

Also claiming they are a corporation and an actual legal entity to you, is fraud. If they did this to induce you into performing services for them, when they had no intention to pay you.
Expert:  WALLSTREETFIGHTER replied 4 years ago.
The contract could be invalid, as the Party claimed did not exist at the time, so the party signing such agreement could not sign for such a corporation as it did not exist.

Also claiming they are a corporation and an actual legal entity to you, is fraud. If they did this to induce you into performing services for them, when they had no intention to pay you.

My goal is to provide you with excellent service, if you feel you have received anything less, please reply back as I am happy to address follow-up questions.