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I have a client who paid me a deposit for a service. To

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I have a client...

I have a client who paid me a deposit for a service. To teach him how to do Facebook Ads and online marketing. I had him set up for a biweekly Payment plan. The first two weeks I attempted to set up appointments with him in which he was either late for several hours in some cases over 30 minutes with out letting me know. I still wanted to give him the full sessions. His payment was due and I asked for the other half and he stated he didn’t want to pay for something he did not receive. I told him he was late and cancelled several times that his actions should not cost me on our payment arrangement. He said he would not pay so I told him I will give him 4 out of the 8 sessions since he only paid half. The lateness and not showing up cancelled and I asked him if he wants to pause the service because it is causing damage to my time he agreed. He then contacted me demanding to start the sessions, I told him I can not drop what I am doing immediately as I have a lot of projects but will work out a schedule for both of us. He then threatened me and demanded a refund. I told him it has been over 4 months of us going back and forth and I was still willing to give him 4 one on one consultations. He said he was supposed to get 16 where the emails on multiple occasions stated 8. I told him the time to open a charge back no bank would accept and that we should still work things out as I loss time. The issue continues where I told him do to his threats and constant emailing I would prefer to record videos for him to learn from a I don’t feel comfortable. This is where is said he was going to contact a prosecutor for wire fraud. I informed him If he filed a complaint I will gladly turn over any and all communication as this is a case do you trying to bully me. We also have history when i was a child he tried to make sexual advances toward me. I did find out later who he was. On Facebook he added me under another name and I did not know who he was until he messaged me under a different name asking me to call him in regards ***** ***** business opportunity. When I heard his voice I knew who he was and felt very uncomfortable. I thought maybe he is different. But he started to act a little strange so I blocked him from Facebook. He then texted me and I then blocked him from there. How he eventually became a client, I had a webinar that he signed up for under a different name and a gain I found out who he was again after the first phone session. He stated he is just a friend and he meant me know harm he just wants to learn video marketing. He then stated he didn’t have all of the money to pay for it and could I give him a deal. I agreed and that is how this began. Please let me know if he has a case as I feel this is a civil lawsuit. I have proof for the multiple times I have tried to accommodate his schedule l, cancellations and lateness but still was willing to provide service and now he is threatening me with this. I feel harassed and utterly confused as I tried to get away from him and he assured me that he meant me no harm and was a friend.

Lawyer's Assistant: The Fraud Examiner will know what to do. Is there anything else important you think the Fraud Examiner should know?

Nothing else I just want to know if this is something I should be worried about I feel this is a civil lawsuit as I have not committed fraud

Submitted: 3 months ago.Category: Legal
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Answered in 9 minutes by:
1/6/2018
Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 3 months ago

I am sorry to hear this;

you are correct that it would be a matter of civil litigation (breach of contract) versus a fraud issue.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

Contracts can be formed based on a compilation of emails and texts for example.

If the party fails to show up for a scheduled meeting then the client would still incure those charges unless the contract provided otherwise (or the provider agreed to an alternate arrangement).

The idea of a contract is to commit both parties to those terms.

When one party breaches the other party can sue to seek a money judgment that restores that party to the position s/he should have been in but for the breach.

Depending on the state and the amount in dispute small claims may be appropriate.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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