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PRPMA

Guest
a customer has cancelled an order, refuses to pay for custom printed materials, have contract signed by customer agreeing to terms & conditions of sale that specifically state customer responsibilty to pay for costs incurred until time of cancellation. they have attorney on staff, should we sue in small claims or get an attorney?
 


HomeGuru

Senior Member
PRPMA said:
a customer has cancelled an order, refuses to pay for custom printed materials, have contract signed by customer agreeing to terms & conditions of sale that specifically state customer responsibilty to pay for costs incurred until time of cancellation. they have attorney on staff, should we sue in small claims or get an attorney?
My response: each State has different laws, different Small Claims dollar amount limits and small claims requirements. Some States do not allow legal counsel for varioustypes of small claims actions. Since you did not state the State or state the amount of your claim, I must state that I can't help you.
 

wtd

Member
Well stated

No legal advice here (for the reasons stated in the above post), but as an overall course of action, I think I would -

1) get a lawyer
2) Have the lawyer obatined in #1 go over the contract to make sure that it's as ironclad as you say, to make sure that you're in a good position for #4 in case #3 doesn't work.
3) If you have a strong position per #1, have the lawyer send a letter or two to the customer outlining your position and what you intend to do about it ( this would be #4). Showing that you are serious and won't go away might just get them off the dime and pony up.
4) If #3 fails, pursue you claim, with or without the lawyer, as your state allows and by whatever means that your state allows (the method of this recourse is indeterminate as you didn't supply the state this is in).

As the preceeding post states, without you stating the State, the above statements, as stated, are a very general course of action to attempt to collect the debt.

Hope something in here helps,
wtd
 

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