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RE: small claims contract case. How do I serve papers in this instance?

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Brookejasmine

Junior Member
RE: small claims contract case. How do I serve papers in this instance?

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

How do I serve papers to a women or business when the contact info I have is; phone number, P.O.Box address, lawyers info and e-mail address?

What is the statute of limitations for my case?

How can I found out if what I did was harassment as she has claimed? I don't think I did so. I never called her any names or threatened her.

The contracted work was to be done in Contra Costa County so this is where I plan to file. The P.O. Box is near Sacramento and I reside down south in Ventura,Ca. The contract was signed and sent through mail and e-mails. I never met her in person. She was referred by a friend who later also had problems with her and doesn't know her address.


My story is: I signed a contract, with a women / business to be our wedding photographer plus her husband as a videographer and a 3rd person as a photo booth photographer, and gave her a $400.00 deposit 7 months before my wedding date. Two months before my wedding she said she didn't have a photographer for the photo booth and wanted to offer some extra prints instead. We started going back and forth E-mailing about the details in the contract. I started having a lot of questions because she wrote it herself and the changes she was doing were confusing. I asked her to amend the contract to reflect the changes, but she refused. I did tell her I felt she was being unprofessional and unclear in the contract, so then she claimed I was harassing her and subsequently cancelled all services and kept the deposit stating it was non refundable and to refer to her no harassment clause. After more E-mails, she agreed to give me a refund but only if I signed some funky release of liability. When I refused and demanded my refund she referred me to her lawyer as the only point of contact going further. The lawyer sent me a new release of liability form to sign. It stated she would refund the money even though it's against her policy, but I have to agree to never discuss the matter in a way that disparages her or the company and if there are any further issues I would have to file in court in Sacramento. I really feel if I signed it I may never see that money and people deserve to be warned about how unprofessional she is. Now I feel the only recourse is to sue in order to get back the $400.00 plus she may owe me for the difference in cost of finding last minute replacements for her cancelled services. Also I sent the lawyer a demand letter and received no response.

I would really appreciate any info or advice you have to offer. Thank you for your time.
 


Brookejasmine

Junior Member
Thank you

I've really dropped the ball on dealing with this. I couldn't find anything about it in reference to the lawyer. Her e-mails and claims really had me too upset. Any ideas on statute of limitations? The lawyer mentioned 1 year, but to me it looks like 4 years. the contract was written 10/14, then cancelled on 3/15, the wedding date was 5/30/15. So I think I have some time? Do you have to file before the statute is up or appear in court?
 

justalayman

Senior Member
You're the one that said there was the lawyers info.

Ok, start with state registries of businesses. Businesses generally must be registered with the state and part of the registration is the name and address of a registered agent for the company. That is the person that would be accepting the suit on behalf of the company.

And since she referred you to her lawyer and especially since her lawyer contacted you presenting himself as her legal representative, you send service to her in care of her lawyer at his office.
 
Last edited:

justalayman

Senior Member
California has a 4 year statute of limitations on a written contract.

You have to file suit before the sol runs out
 

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