Shoudl I sue, initiate a criminal case or let it go?

[kns26]

What is the name of your state (only U.S. law)? TX

Here's the situation:

I was working for a client (performing graphic design services; brochures, etc.) without a contract. We had a verbal agreement that I was to produce 2 brochures (which I did and was paid for), and then the client wanted to add 1 more brochure and 2 other collateral pieces. We had several meetings about the three new pieces, she paid me 1/2 of the total to initiate the work, several emails and texts went back and forth about the pieces, and then she starte ignoring me.

I sent a final invoice asking for payment, she sent an email back saying that I did wonderful work but that she now did not want the new pieces because she could not edit the files herself. I then sent her a certified letter with the invoice and an intent to sue notice, to which she sent me back a certified letter stating that she never authorized the work and therefore it was never delivered, and that if I sued, then she would countersue me for "quantum of merit law and breach of good and workmanlike service."

So here's my quandary do I sue her (I have extensive emails, texts, notes and even changes to the pieces in her handwriting)?
Does she have a case against me if I do sue her?
Do I file a criminal complaint for theft of services?
Or do I just let it go?

 

[Zigner]

Sure, you can sue here. Whether it's "worth it" to you is not something we can answer.

This is not a criminal matter.

 

[OHRoadwarrior]

We cannot advise you on how to operate your business. It appears you have an oral contract. A contract, oral or written requires 4 basic elements; Offer, Acceptance, Meeting of the minds (acceptance) and Consideration. TX Business Code section 26.01 lists types of contracts that must be made in writing. Not only do you need to consider whether you have enough documentation to prevail in court, you need to consider effects, if any, on general operations farther down the road.

 

[tranquility]

"quantum of merit law and breach of good and workmanlike service."

Sue her. It will amuse the judge.

Quantum meruit is the theory of quasi-contract where a person is aware another expects to be paid and does not stop them from working. It literally means, what one has earned. If a court were to find the additional work was not contracted for (which I doubt), YOU would be the one to make the claim in order to get paid for doing the work in these circumstances. True, you might get less than the contract you thought you had called for, but you should get paid for the benefit to the other party. In other words, if you were to sue for breach of contract against the other party, you would include this in your complaint as well. Just in case you lost.

As to good and workmanlike service, I think another name for that would be breach of contract. The other side would be claiming you breached the contract by not doing the work to the level expected on such a contract. I have no idea if that would be true on your facts, but, the worst that would happen is that you couldn't collect for the work done.

If the money is worth your time to sue, I'd do it.

 

[kns26]

Thanks for your input. I pretty much thought that she was trying to bully me by tossing out legal terms that don't neccesarily merit a lawsuit that she would have against me.

Again, thank you all for your time.