Being sued by closed partnership

[sammieboi]

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

I hired a new partnership company to build me a website last year that was never completed. The partnership closed their business in last year in December but did not inform me of this and continued to work with me as if they were still in business. They still accepted checks as the partnership name. This was for a couple more months until she informed me that she will be moving to Texas(from Florida). The project was not done and I cut communication because I did not want to continue working with a company that did not exist anymore or a person that was not in the same local area. Now one of the partners is trying to sue me for $2000.00 saying that she did some work that was not paid for yet. What legal rights does she have to sue me when the contract I had was with the partnership and not herself? I have to go to court tommorrow and I am not sure what my best defense would be against this.

 

[tranquility]

You're going to court tommorrow and you are not asking until now?

Do you know the partnership is "closed" or is the business office closed? If the partnership is closed, did the partnership give rights to this partner for the debt?

No one knows the answer without a lot more facts. The defense you have is you paid for all the work done for you. Did you do that?

 

[sammieboi]

The partnership is closed and one of the partners are trying to sue me. The website had 3 phases to it and the first phase was completed and paid for. The 2nd phase included finishing the programming side of the website which was never completed fully. I however wrote them a check out of courtesy because they were a new company for the entire amount of phase 2. Phase 3 was started however. The company closed in December last year, however I did not become aware of the programmers intentions of moving to another state until March of this year. I did not find out that the company was closed until I looked it up on the State's website after I was informed of their intention to move. Also when I first hired the company I had a verbal agreement with them that I only wanted to work with a local company because I had bad experience before. It was not in writing, does this verbal agreement have any legal bindings at all?

I feel i have paid them more than enough for what we agreed and I always paid on time when requested. However when they asked for additional $2000.00 I did not feel that the $2000 was justified. I do not feel they completed the work they were already paid for and asking for the additional $2000.00 is just ridiculous.

 

[tranquility]

. It was not in writing, does this verbal agreement have any legal bindings at all?

Sure, but it won't stop you from being responsible for what you owe.

I feel i have paid them more than enough for what we agreed and I always paid on time when requested. However when they asked for additional $2000.00 I did not feel that the $2000 was justified. I do not feel they completed the work they were already paid for and asking for the additional $2000.00 is just ridiculous.

What you feel and what they feel is the lawsuit. It's not ridiculous, it's litigation.

Bring in your facts and let the judge decide.

 

[sammieboi]

The verbal agreement was something they agreed to me. I required someone who lived locally and once they decided to move out of the state it broke that verbal agreement. I owe nothing on a verbal agreement.

Also there was a requirement of written acceptance at different stages and I never gave any written acceptance. I wrote them checks to continue with the project however there was no verbage in the contract that checks were acceptance of completion.

 

[tranquility]

The verbal agreement was something they agreed to me. I required someone who lived locally and once they decided to move out of the state it broke that verbal agreement. I owe nothing on a verbal agreement.

When was that verbal agreement made?

Also there was a requirement of written acceptance at different stages and I never gave any written acceptance. I wrote them checks to continue with the project however there was no verbage in the contract that checks were acceptance of completion.

Man-o-man. You have nothing resembling a slam dunk. What you have is an argument. It seems they will prove up that you owe the money and then you will have to argue you don't because, you see, it was like this... Small claims judges like things simple, quick and easy. He'll ask you to cut to the chase. Have your 60 second summary written out and practiced. No one can predict what will happen without all the facts, but even though I believe you, I think you have a less than even chance of winning because of the complexity of your argument.