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I am being sued for breach of contract but i did not breach.

I am being sued...

I am being sued for breach of contract but i did not breach

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This client signed a contract to have her wedding on my property. She did not provide the required event insurance in the proper time frame and severed all communication and did not show up for her event. She is now suing me saying i breached.

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10/14/2017
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,309
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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What is she alleging as the breach?

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Customer reply replied 9 months ago
It says I wrongfully breached the contract by cancelling her rehearsal and wedding.

Thank you for the reply. The burden is on her, to show and support this allegation and claim. If she can not, her lawsuit will fail. Moreover, if you have evidence to show and support she failed to comply with a condition of the contract, to have the wedding and ceased contact with you and acted in bad faith, you would have a defense to this. The lawsuit needs to be defended, so you need to respond to avoid being defaulted but if you have evidence, you should be able to defend this.

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Customer reply replied 9 months ago
Is there a standard letter I can send that accompanies my printed evidence?
Customer reply replied 9 months ago
The letter I received:
Customer reply replied 9 months ago
Can I send the letter or do I need legal counsel?

You need to respond to the allegations made. If they got the insurance and it would have allowed them to proceed, they should have been allowed to. However, you shared they stopped correspondence, so you can argue they acted in bad faith and failed to try and mitigate this. You can respond on your own and even try and settle, if you desire.

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Customer reply replied 9 months ago
I offered via text to accept the insurance policy even though it was late. She stopped communicating with me and told people I cancelled her wedding when no such conversation took place.

Did you tell her prior to that you would not allow her to have it there? I am trying to understand the timeline of events and why the 30 days was necessary and if they had obtain it shortly thereafter, why they may have not been able to proceed? As you can see if the letter, they are arguing that they had the insurance.

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Customer reply replied 9 months ago
My contract states that the insurance is due no later than 30 days prior to event (we do this to allow time to call and confirm payment of policy as well as that is covers everything needed, and allows time for changes if necessary). She was told that she had breached the contract by not providing the policy in the due time frame. She was then asked to simply provide the policy so it could be checked and she severed all communication after I extended the courtesy of allowing the policy to be late.
Customer reply replied 9 months ago
that it covers*

Thank you. If that is the case, you have a defense. As you shared, the contract says it is due no later than 30 days, for the reasons you stated above. If they failed to proved them AND refused to cooperate thereafter and just ceased communication, you could have a defense and need to advise their attorney of their actions. They only know one side of the story. If you educate them as to their clients actions, they may speak with them and their tone may change.

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Customer reply replied 9 months ago
all communication should be in writing with supporting documents, sent certified mail?

Yes. This way, you know they were received by them and have a record of it. Send them copies, not originals.

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Customer reply replied 9 months ago
Thank you so much you were great! Where do I send you a glowing review?

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,309
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer reply replied 9 months ago
Last thing I have proof of defamation via libel. Should I included this information to her attorney? Or should I withhold it for my own case against this client?

You could use it in hopes of trying to resolve this. If you have a possible claim, you may want to agree to not proceed with it, if she walks away.

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Customer reply replied 9 months ago
Smart ok thanks again!

You are welcome

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