Breach of Contract

[NonProfit]

We are a non-profit org. in Texas.
We contracted with a promoter to provide services for an event held in May, 2000.

The promoter contracted with us to provide the talent for 4 hours each day for 2 days.
He contracted with the major corporation who owns the talent for only 2 hours each day and charged us for 4 hours each day.

Also he contracted with us for 6 celebreties
but only contracted with them for five and charged us for 6 celebs.

Is it just me or does this seem like obvious fraud?

We had paid 0ver 2/3 of the contract amount before the event.

When the promoter asked for the remainder of the money we refused to pay.

We cannot afford legal fees or we would have filed a lawsuit. Also, the promoter has no assets to make a contingency case worthwhile to an attorney.

We did have an attorney contact them and tell them that we would call it even at this point.

Now the promoter (who has a lawyer as a silent partner) has filed a civil suit against us.

We cannot afford to hire an attorney.

Any suggestions??

 

[JETX]

Since the 'other' party has unlimited (free) access to an attorney, it sounds like you need to anticipate a court process.

So, you need to start getting your 'ducks' in a row:
1) You need to respond to his civil complaint. This must be done within 10 days of your being served.
2) To do this, you need to decide if you will hire counsel, or handle it yourself. In either case, your answer to the court will be a general and specific denial of all claims.
3) Based on your claims, you might also consider filing a breach of contract suit against the 'promoter'.
4) Start gathering evidence to support your claims. Be prepared to subpeona the 'talent', copies of contracts between the 'promoter and 'major corp', etc.

One other possibility... pay the remainder of the contract. Then YOU file a suit (assuming small claims??) against the 'promoter' for damages to recover the excess payments made for the services not provided.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

[This message has been edited by Halket (edited July 09, 2000).]