Lost contract - but plenty of email correspondence (CA)

[gteam3]

Not sure where this belongs (here or small claims - or maybe somewhere else?)

I'm in California.

So I've lost a contract. This has NEVER happened to me. Unfortunately, I'm pretty sure it got stolen with other things in my trunk when my car was in impound after being in an accident.

The problem is that the client might try to not pay/underpay according to our contract's terms.

What I DO have is email correspondence of him saying what he chose to go with in the contract, I have email correspondences that show that I sent the contract, have the actual contract attached in the email (so the actual contract being discussed is verified), I have him saying he received it, an email saying that we'll meet at X time and sign, then emails now with him saying "I'm looking at the contract in front of me" after we would have signed it.

So my question is if (in the state of California) any of this is binding, I'm completely screwed, or something in the middle?

I seriously appreciate any input.

 

[JKBee]

E-mails are always admissible evidence in court. However, you do not have any e-mails stating the terms, that the contract was signed? This would make it a slam-dunk.

If the other party erases e-mails, you might bluff your way through just stating that you have e-mails to support your position. But so far, no court action? Don't look for trouble, it has a way of finding you soon enough without looking for it.

 

[gteam3]

Thanks so much for your reply! Really, I appreciate it so much Nothing but emails have happened at this point (no legal actions taken).

To give a better idea, I'm a photographer. This person booked X package. He's five months late on payment. He now says he wants to pay for the less expensive package even though he's received part of what the more expensive package entailed. There is also a late payment fee of $100 per week in the contract (20 weeks = $2000 - but I'd be fine with not getting that if I simply got paid what I'm owed). Maybe that gives more context

I do have pricing packages spelled out in an email, a response from him saying "I'll take THAT package, an email of me emailing him the contract (with the contract attached - this would be proof of WHICH contract he in fact received as I wouldn't be able to change the attachment on an email already sent), an email of him saying he received it and is bringing it by "tomorrow", another email later (after the wedding - just recently) acknowledging that he has the contract and is looking at it (again - it could only be the one attached as I can't reattach anything to an email already sent - so it should be solid that he is acknowledging that he has the contract that I would be saying was our contract.).

So do you think this would be something I could win in a small claims court? It's a difference of owing me $1900 and $4000 ($6000 with the late payment that I don't intend on pursuing unless a) it's something I could win and b) he does things that asks for it. At this point, full payment is fine even though I've been waiting ages for payment). If I have to, I'll go see a lawyer, but I'm currently trying to retire my parents and that's where my financial priorities are at the moment. And if he fights me on it, is the $100 late payment clause something I could go after if he really makes me fight for it? Again, I wouldn't want to pursue that unless he just asks for it - just curious if you think it's something I could purse.

Seriously, thanks so much again.

 

[JKBee]

He never actually acknowledged that he did agree to this contract.

Do you have proof that he received and accepted the pictures that were part of the package he chose?

If he did and did not e-mail that he received something that was part of this package, it should strengthen your claim.

Small claims court is not a huge financial investment for you to file with no lawyer fees, etc. If you think he should pay, he should be taken to small claims.

You stated that he is five months late paying. Has he made any payments? If he has made even one payment on this package, he is admitting his debt and it should be held up in court easily.

 

[gteam3]

Well he acknowledges even now that he did - saying "I see in the contract that package #1 is $xxxx, so I owe you $xxxx minus the deposit of $xxxx" (as he has paid a deposit - just saying now that it is a deposit toward a lesser package). Unless that isn't an acknowledgment? He is just trying to say that he didn't choose that package - which again I have an email clearly saying "I want package #2". That plus we did things that weren't included in package #1 (i.e. an engagement session) that were included in package #2. Then I have several emails from before and after the wedding stating the balance owed that he responded to - and never contested.

He was honest in telling me that the money he owed me went to the hotel (who charged him $6000 more for the extra alcohol) - and I've (every month since) patiently dealt with "I promise it'll be taken care of by the end of the month". Four months later he just now contests the final payment amount and that he still can't pay me for another month. Would this have any impact in court? Plus he thought he paid me a few hundred dollars less in the deposit - and I corrected him and told him he paid me more than that. So I could have at least gotten a few extra hundred dollars back there - but chose to be honest. All of that is through email, so I wonder if this would help with the judge?

Either way, since he now says that he currently has the contract and refers to it in our discussions (referring to it in talks with me implies it is the binding agreement at hand, I'm assuming?) he would be acknowledging that he had signed the same contract that had the late payment of $100 per week included in it (regardless of the package chosen), would he not? This is assuming that the attachment I have is in fact proof that he received the same contract that I would bring to court.

I have proof that he has received PART of the photos (he doesn't contest this). I've done the work for the last part, which he is saying he never wanted (when I have emails saying otherwise). It's about a $2000 difference. So if I couldn't get him to pay me for package #2, I'm wondering would I be able to get the $2000 back in the late fees? What do you think my likelihood would be there? I don't care about OVER suing - just getting the same amount I was contracted to expect. If that's by him being forced to pay the package price we agreed to OR by him being forced to pay package #1 (which he now says he wanted in contradiction to our emails) plus the $2000 in late fees - I don't mind.

Again, you have no idea how much I appreciate your input. Seriously.