What is the name of your state (only U.S. law)? Florida
I just filed a small claims lawsuit against a boat club I belonged too for terminated my contract early and not wanting to reimburse me any portion even after asking for it to be prorated.
There attorney sent me a letter requesting suit be dismissed. I assume a copy went to courthouse requesting.
Main basis is I am suing wrong party.
I had enclosed copy of my contract in lawsuit along with termination letter sent by their attorney. Over the course of the contract the club changed hands so a new LLC was formed with the same D/B/A. They claim not required to keep servicing contract and I should file suit against old company (dissolved)
However they have been servicing contract for 2 years since accquired and twice collected the annual membership dues of $600 as per invoiced to me ( I have last copy from May 2010) My stance, they billed me, they call it annual membership due (my contract was old 5 yr prepaid, not the typical 1 time fee with a monthly fee attached) so it shows they legally binded my contract. Plus I had to sign a new membership rules agreement at one point during a conflict. However when club changed hands, no one was notified. In fact I did not know till Oct 2009 which was at least 9 months or more into the new ownership.
I also seeking replacement cost of a new contract elsewhere so I am seeking $5000 total. (max I can sue for). Prorated, it be $1400 (7 months @ $200 month) plus half the annual fee. They rejected offer original and agreed to give me $300 back. Then they said I can stay in club but when I called to have papers drawn per lawyer request, no one wanted to get back so I filed suit.
Do I have strong case?? Do I answer motion to dismiss or wait for court date in 3 weeks where I see judge and mediator to work out agreement?
BTW. To join a new club, it cost $3000 down and $400 a month with one. Another club is $5300 for 1 yr made in 1 payment.
I just filed a small claims lawsuit against a boat club I belonged too for terminated my contract early and not wanting to reimburse me any portion even after asking for it to be prorated.
There attorney sent me a letter requesting suit be dismissed. I assume a copy went to courthouse requesting.
Main basis is I am suing wrong party.
I had enclosed copy of my contract in lawsuit along with termination letter sent by their attorney. Over the course of the contract the club changed hands so a new LLC was formed with the same D/B/A. They claim not required to keep servicing contract and I should file suit against old company (dissolved)
However they have been servicing contract for 2 years since accquired and twice collected the annual membership dues of $600 as per invoiced to me ( I have last copy from May 2010) My stance, they billed me, they call it annual membership due (my contract was old 5 yr prepaid, not the typical 1 time fee with a monthly fee attached) so it shows they legally binded my contract. Plus I had to sign a new membership rules agreement at one point during a conflict. However when club changed hands, no one was notified. In fact I did not know till Oct 2009 which was at least 9 months or more into the new ownership.
I also seeking replacement cost of a new contract elsewhere so I am seeking $5000 total. (max I can sue for). Prorated, it be $1400 (7 months @ $200 month) plus half the annual fee. They rejected offer original and agreed to give me $300 back. Then they said I can stay in club but when I called to have papers drawn per lawyer request, no one wanted to get back so I filed suit.
Do I have strong case?? Do I answer motion to dismiss or wait for court date in 3 weeks where I see judge and mediator to work out agreement?
BTW. To join a new club, it cost $3000 down and $400 a month with one. Another club is $5300 for 1 yr made in 1 payment.