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Small claims for business. California Orange County. No. Im…

Small claims for business ...

Small claims for business

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

California Orange County. No

Lawyer's Assistant: Has anything been officially filed? If so, what?

Yes. Im defendant in small claims case

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

1. Is it defense if there is not a signed agreement in place

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Answered in 1 minute by:
11/2/2017
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,633
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can you give me some more details about what the case is about?

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Was there an agreement between you and the plaintiff for something?

.

If so, why are they suing you?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
This is a dental lab and my dental office. They filed small claims for $5,000 unpaid bills. However I don't agree in pricing and nothing ever signed. Also they put my personal name on suit and invoices clearly show my business DBa name (not my corporate name either if matters).
Case is tommorrow and I filed a postponement however judge will decide on postponement tommorrow. Thank you

Ok, oral contracts are enforceable in CA for up to 2 years. So if any invoices are older than 2 years, they would be unenforceable.. But under that, and yes, they would be enforceable as not having a written contract is not a legal defense.

.

The normal legal defenses are: you paid it, it isn't you, or the debt is too old to collect.l

.

.

thanks

Barrister

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Customer reply replied 6 months ago
Would I be able to counter sue for dr and staff chair time when crowns didn't fit and had to take new impressions for the lab to redo the crowns?

If the plaintiff didn't provide what you ordered, or it was somehow defective, that is a defense to a nonpayment claim. So you could use that to defend not paying them.... you didn't get what you ordered or agreed to so you shouldn't have to pay for it and can hold them liable for any damages that you incurred due to their negligence.

.

But to countersue them, you would have had to have filed the countersuit when you filed your Answer to their complaint.... If you wanted to do this, you must normally file and serve a defendant's claim using form SC-120 at least 5 days before the hearing date. But, if you were served with the Plaintiff's Claim (Form SC-100) ten days or less before the hearing date you must file and serve your defendant's claim at least 1 day before the hearing date.

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So you can try to file the SC-120 and see if they will allow it if you wanted to countersue them..

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.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,633
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,633
41,633 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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