Breach of Contract

[Gizmo2002]

What is the name of your state? CA

I am being sue by credt card machine lease company for breach of contract for a business I own (sole) and sold a year ago. The amount they are requesting total to about $1400 including attorney fee for a non-cancelable contract. The summon includes a copy of the contract with my name, business and "my signature" on it;however, I have never seen the contract til just now and the signature is not mine. This is a urgent matter since I was serve on 1/15/2004 and the summon states that I have 30 days to response so I need to provide a statement to the court ASAP. I need to know what form to use to response to the court summon and is there a format I can follow so I can fill one out stating the matter to the court. Please help.

 

[JETX]

the summon states that I have 30 days to response so I need to provide a statement to the court ASAP.

Simply file a 'general denial' of the claim and ask them to prove their claim in court.
The answer is NOT the time to present your claim of forgery, if that is your contention.

See "Types of Responses" at: http://www.alameda.courts.ca.gov/selfhelp/Civil/defendant.html

Also: http://www.courtinfo.ca.gov/selfhelp/smallclaims/getready.htm
http://www.scselfservice.org/civ/general/defendant.htm#1

 

[Gizmo2002]

Breach of contract

State: CA.

Thanks for the response. Keep in mine that I am very new to this and I never have problem with the law or have been sue for anything in my life.

One of my question is when do you start counting for the 30 days response after I was served on 1/15/2005? Is my deadline on the 2/14/2004 Monday?

Thanks for the links; I will review it and if you don't mine I might email you again if I have questions. Thanks in advance.

 

[JETX]

One of my question is when do you start counting for the 30 days response after I was served on 1/15/2005? Is my deadline on the 2/14/2004 Monday?

Yep. But why wait until the last minute?? Do it now and file on Monday.

 

[I AM ALWAYS LIABLE]

State: CA.

Thanks for the response. Keep in mine that I am very new to this and I never have problem with the law or have been sue for anything in my life.

One of my question is when do you start counting for the 30 days response after I was served on 1/15/2005? Is my deadline on the 2/14/2004 Monday?

Thanks for the links; I will review it and if you don't mine I might email you again if I have questions. Thanks in advance.

My response:

Your deadline is 30 days after you were served with the Summons, just like it says on the Summons. The "count" began on January 16th, that date being day one.

It wouldn't matter if the contract had your signature or someone else's signature, either. If the machine was in your store, and you knew it was in your store, and they can prove that their machine was used from your store; e.g., account slips showing your store number and/or location, then you're on the hook.

IAAL

 

[Gizmo2002]

Breach of contract

Yes, my business used the machine. When I sold my business I have notified them that I will no longer need their service and I have paid their service fee up to that point.

Their sue is base on that I have signed a contract so I will have to pay for what ever it was on the contract and even stop using their service since I sold the business. If I knew I can not cancel the service and I will have to pay for a penalty for that then I would never use their machine in the first place. It just seems unreasonable to force me to paid for the service that I have not agree on.

If what you say is ture then if someone put a vending machine in my business without my agreement and a customer put a coin in it and used it. And if I asked them to remove the machine and then the vending machine sue me because I am in breach of contract that since they have a contract with my name, business address and signature on the contract that I will be liable for whatever they charge me. Is that correct? If it is then I think there is a problem with the law...