What is the name of your state (only U.S. law)? Colorado
I entered into a contract with an event planner, and paid them half of the rate as a deposit, the other half was due four weeks before the event. For many months after the signing of the contract, the planner did a very poor job. I sent them emails about my concerns many times. At one point, they switched the representative working on my account to the company manager. The service was still terrible. After months of this I decided to fire them under a section of the contract which states that in the event of material breach by planner, the client can terminate the contract without any further obligation. I sent the requisite certified letter to this effect, and told them I would not make a final payment. After a few back-and-forths, they contest that I properly terminated the contract and have hired a debt collector; and I am certain that I did and have a pile of evidence to prove it. Note they have never explicitly denied any of my specific claims of material breach.
There has been no litigation to date, and I have not received any summons. I am concerned though, that there is nothing I can do to turn away the debt collector, other than submit to them and the credit bureaus in writing that I dispute the debt. But, I am worried about the effect of negative reports on my long term score.
My question is: should I proactively file a complaint in small claims court to get a summary judgement in my favor that the debt collectors would have to respect? Or is there no real benefit? Should I just wait for them to attempt to file a suit against me? Other strategies? The amount in questions is $1,150.
Thank you,
Sleepy Owl
I entered into a contract with an event planner, and paid them half of the rate as a deposit, the other half was due four weeks before the event. For many months after the signing of the contract, the planner did a very poor job. I sent them emails about my concerns many times. At one point, they switched the representative working on my account to the company manager. The service was still terrible. After months of this I decided to fire them under a section of the contract which states that in the event of material breach by planner, the client can terminate the contract without any further obligation. I sent the requisite certified letter to this effect, and told them I would not make a final payment. After a few back-and-forths, they contest that I properly terminated the contract and have hired a debt collector; and I am certain that I did and have a pile of evidence to prove it. Note they have never explicitly denied any of my specific claims of material breach.
There has been no litigation to date, and I have not received any summons. I am concerned though, that there is nothing I can do to turn away the debt collector, other than submit to them and the credit bureaus in writing that I dispute the debt. But, I am worried about the effect of negative reports on my long term score.
My question is: should I proactively file a complaint in small claims court to get a summary judgement in my favor that the debt collectors would have to respect? Or is there no real benefit? Should I just wait for them to attempt to file a suit against me? Other strategies? The amount in questions is $1,150.
Thank you,
Sleepy Owl
