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  #1  
Old 09-13-2006, 02:57 PM
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Unusual Arrangement


What is the name of your state? NY

Trying to keep this as short as possible. Met with client A to discuss PR needs. Client A is working with Client B together on several products. Client B is interested in working with us and Client A. Client C is the one who is actually paying the bill for Client A and Client B and the contract is under Client C's name which is in CT.

Client C is terminating our services - did not give 30 days notice as stated in the signed contract.

If Client C does not pay the final bill - do I sue just Client C in CT or can I sue Client A, B and C in NY? Clients A and B were at every meeting and involved in ALL correspondence. It's just Client C who paid and whose company is on the contract. Client C has paid every bill to date - except the last one which is due the 15th.

Make sense? I don't feel like schlepping to CT to sue and was hoping to do it all locally.
  #2  
Old 09-13-2006, 03:07 PM
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Location: Bay Area, CA
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Quote:
Originally Posted by jeanine
What is the name of your state? NY

Trying to keep this as short as possible. Met with client A to discuss PR needs. Client A is working with Client B together on several products. Client B is interested in working with us and Client A. Client C is the one who is actually paying the bill for Client A and Client B and the contract is under Client C's name which is in CT.

Client C is terminating our services - did not give 30 days notice as stated in the signed contract.

If Client C does not pay the final bill - do I sue just Client C in CT or can I sue Client A, B and C in NY? Clients A and B were at every meeting and involved in ALL correspondence. It's just Client C who paid and whose company is on the contract. Client C has paid every bill to date - except the last one which is due the 15th.

Make sense? I don't feel like schlepping to CT to sue and was hoping to do it all locally.
Your contract is with C, so you'll need to sue C. If C has an office in NY, or does business in NY, and the contract was entered into in NY, then maybe you can sue C in NY. But A and B are not parties to the contract -- they may be beneficiaries of the contract, but they are not parties to the contract given what you have written above. Depending on how much money is involved, you might want to consider talking with a local attorney, who can review the contract and other documents and advise you accordingly.
  #3  
Old 09-13-2006, 03:28 PM
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Thanks - I'm sure Client C does business in NY as he's here quite often but his address is CT and he's an Inc.
  #4  
Old 09-13-2006, 03:49 PM
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Quote:
Originally Posted by jeanine
Thanks - I'm sure Client C does business in NY as he's here quite often but his address is CT and he's an Inc.
Check to see if C is registered to do business in NY -- if they are, they will have an agent of service in NY, so you can serve them and sue them in NY if the contract was entered into in NY.
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