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client is refusing to pay

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

Hi.
I run a small business. It's just me and a bunch of independent contractors.
Last night, a client emailed me and said they need our services. I sent her a contract to sign and she said she doesn't have a scanner at home and can't sign it. But she would like to book and she will send the signed contract in the morning. So I booked an independent contractor that same night.
In the morning, she emails me and says she doesn't need my services, "my coworker had already booked someone, sorry for the inconvenience"
However, this contract that I sent her, and all our previous contracts (she has worked with us before) state that there are no cancellations. Meaning once booking is made, we need to be paid. This is simply because my IC's have this same cancellation policy, I am being charged by my IC's.

I explained to her politely in email that there are no cancellations and she needs to pay. She has not responded.
This is a law office and I am fixing to contact her higher-ups and explain the situation.
What do you guys think?
should I be rude or polite? should I threaten to sue, or is it too soon for that? Is the person who emailed responsible to pay the fee out of her own pocket, or is her company responsible? Do I even have a case without a signature?
 


swalsh411

Senior Member
What proof, if any, do you have that she agreed to the terms?

Why do you have to pay your IC's because they bill you? You could tell them "sorry, the deal fell through". If they value the relationship they will let it slide. These things happen.
 
What proof, if any, do you have that she agreed to the terms?

Why do you have to pay your IC's because they bill you? You could tell them "sorry, the deal fell through". If they value the relationship they will let it slide. These things happen.
I have the emails.
This is standard policy in my field. my competitors have a 48 hours cancellation policy. I have a absolutely no cancellations policy.
My IC claims that he had to cancel an important appointment and lost money so he needs to be paid (I dont believe him but anyway)
anyway, this is very normal in my industry, if you cancel the morning of, you have to pay.
 
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swalsh411

Senior Member
Your problem will be you do not have a signed contract. Do the emails show that she was aware of your no cancellation policy?
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? CA

Hi.
I run a small business. It's just me and a bunch of independent contractors.
Last night, a client emailed me and said they need our services. I sent her a contract to sign and she said she doesn't have a scanner at home and can't sign it. But she would like to book and she will send the signed contract in the morning. So I booked an independent contractor that same night.
In the morning, she emails me and says she doesn't need my services, "my coworker had already booked someone, sorry for the inconvenience"
However, this contract that I sent her, and all our previous contracts (she has worked with us before) state that there are no cancellations. Meaning once booking is made, we need to be paid. This is simply because my IC's have this same cancellation policy, I am being charged by my IC's.

I explained to her politely in email that there are no cancellations and she needs to pay. She has not responded.
This is a law office and I am fixing to contact her higher-ups and explain the situation.
What do you guys think?
should I be rude or polite? should I threaten to sue, or is it too soon for that? Is the person who emailed responsible to pay the fee out of her own pocket, or is her company responsible? Do I even have a case without a signature?
**A: what kind of service do you provide and how much are we talking here?
 

Zigner

Senior Member, Non-Attorney
I would suggest that you are not in a very good position. Also, don't call her bosses...that's not proper at all.
 

You Are Guilty

Senior Member
Just so I am clear, your plan is to call this woman's boss (who is a lawyer?), and threaten them (politely or nicely) that you plan on suing her for money based on a contract that she never signed?

I am rather eager to hear how this turns out for you.
 

tranquility

Senior Member
What about quasi contract? Shouldn't the OP have claim to the amount he was hurt? Or, are we saying he was unreasonable to rely on just the word of the other?
 
**A: hahaha, sound easy with one phone call makes $300.
what the hell are you talking about? have you ever heard of advertising fees? have you ever heard of rent? what about insurance? what about utilities? sounds like you have no idea what it takes to run a business.
 

swalsh411

Senior Member
what the hell are you talking about? have you ever heard of advertising fees? have you ever heard of rent? what about insurance? what about utilities? sounds like you have no idea what it takes to run a business.
Considering you haven't answered the very reasonable question about what sort of service you provide, there is no reason to believe you have any of those expenses.
 

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