Does contract has to be signed ?

What is the name of your state? California

Consulting company sends me a "professional service agreement " to be signed by me and send back to them.

They have not signed the agreement,

Is it still valid agreement?

king0405 said:

What is the name of your state? California

Consulting company sends me a "professional service agreement " to be signed by me and send back to them.

They have not signed the agreement,

Is it still valid agreement?

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My response:

Signing a contract is merely a "formality". What counts is "performance" under the contract. Did either one of you "perform" under the contract?

If not, then there is no valid, binding or enforceable contract. Period.

IAAL

I did perform as per contract

I did perform as per contract, which I can prove. There was a work I did for his client .He is not paying me now.

king0405 said:

I did perform as per contract, which I can prove. There was a work I did for his client .He is not paying me now.

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My response:

Okay. Then do you know your next step?

IAAL

Want to know about my options

I would like to know about my options. The amount involved is around 8000 $

king0405 said:

I would like to know about my options. The amount involved is around 8000 $

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My response:

If your client is being recalcitrant, then your only option is to sue.

IAAL

How long does it take ? How much does it take?

Whats the period we are talking about to finish this claim?

Normally how much are the lawyers fees in total?

king0405 said:

Whats the period we are talking about to finish this claim?

Normally how much are the lawyers fees in total?

Click to expand...

My response:

Consult with a local general practice attorney for real-time estimates, and further advice.

Good luck.

IAAL

If the performance of the contract has been established then I assume the contract is valid (?)

Do most contracts of this type have an arbitration clause? Specifically king0405, is there an arbitration clause?

What I'm getting at is since it's too much for small claims, you might be better off mediating and settling for a smaller amount vs. lawyer fees.

(I may be WAY off base here, I am not a legal professional)...

Do you mean small claims need no lawyers?

Do you mean , you have to have a lawyer if you go with regular claim?

Whats special about small claim?

Thanks for your respponse.

king0405 said:

Do you mean , you have to have a lawyer if you go with regular claim?

Whats special about small claim?

Thanks for your respponse.

Click to expand...

My response:

Consult with a local general practice attorney for real-time estimates, and further advice.

Good luck.

IAAL