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I need some legal advise right away. California. We wrote a…

I need some legal...

I need some legal advise right away.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

We wrote a contract with the other party and they signed it.

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

We have told the other party we are finished paying for something we have not received.

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Answered in 4 minutes by:
3/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,274
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 3 months ago
I contacted a producer to record my 10 track album. He required 1600 upfront he required that I submit 6 of the 10 songs. He said 2,900 would be the total cost. We have received no music and he said whether we received 1 song or 10 we owed him payment in full. While my husband was out if town he asked for 500 for editing costs. I paid it by cashier check as the other two payments. We sent vin a text realizing he may ask for more. He ignored the text and is demanding 5,000 more. He wants us to keep it confidential.
Customer reply replied 3 months ago
This is bordering on extortion isn't it?

I'm sorry to hear about your situation. In addition to fraud, this appears to be a breach of contract based on the failure to perform within a reasonable time on the grounds that he is not coming forward with the song within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started.

​What other questions did you have for me today?

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Customer reply replied 3 months ago
Should we respond to his email?
Customer reply replied 3 months ago
He has not been listening to us thus far.

I would respond to his email stating that if you took him to small claims court, a judge would ask what took him so long and would likely order a return of the money or for him to finish the 6 tracks. It's also possible that if he is engaging in fraud, the district attorney could pick up on this situation as well. If that doesn't work, then I would recommend filing a lawsuit and finding a new producer who isn't a con artist.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
We we know what we are dealing with now. Can you send me a transcript of this conversation?

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience: Licensed to practice before state and federal court
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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