Legal Advice concerning business law

[Jerseyprophet]

Any advice would be appreciated before I take any action, and I know that there are several people here with business and legal backgrounds.

I own a business, registered and insured. (DJ enterainment company).

1 month ago I recieved email on my customer service email requesting DJ service for a wedding from a guy who didn't have alot of money, but was willing to exchange a website for our services at his wedding. He said thats what he does as a business himself, designing webpages. At the time, I had just registered with the state and my business did not have one yet. I agreed, and agreed to perform the wedding myself.

I did. I worked with him and his bride-to-be for over a month planning it. I gave him my deluxe package which included 4 hours of a live DJ, free travel expense (he lived very far away), lighting, MC hosting, additional ceremony service, and TEN HOURS additional reception after-party music performance. This is valued at about 900$ for a typical client.


Our agreement was that my companies website would be live on the day of the wedding. It wasnt. I assumed due to the honeymoon and all, I would give him time. 3 weeks past. No calls, and in fact, no RETURNED calls.

After a month, several texts hit my phone (yesterday) apologizing -- but never giving a reason. I simply stated that I've already designed the page myself (I have) and to redeem himself I would ask that the domain name registration be reimbursed. He agreed wholeheartdily with more apologies. Our arrangement was to speak today about negotiating the paypal arrangements to reimburse me. He again, wont answer his phone and my messages.

I have all of our coorespondance in emails, including the original arrangement, his comments while "working on my page" during the month I was planning his wedding DJ service, and finally thanking me for the DJ service and how pleased he was.


Is this something I can take to small claims court over?

- Lost income due to advertising a webpage that was not functional when it was agreed to be
- 12 hours of DJ service
- fees and costs of putting one together myself as a result
- Legal fees


????

As I said. Any advice is appreciated before I take any action. I want to go about this the best way and most beneficial to the business. Thank you.

[Tyche]

14 hours is a long fucking wedding.

[Remyo]

did you write up a contract with him, or do you know if your states has a verbal agreement law?

[Charla]

Did you make him sign anything? Did he agree to anything in those texts or was it just "hey, sorry about screwing you over. See ya!"

edit: aah ya beat meh

[Elesirdur]

If you have a written and signed contract you could probably sue him for breech of contract. However, I'm betting the legal fees to pursue such a course of action would likely outweigh any money you would get back. Of course you could threaten him with action and that might bring him about to do something, but it could just as easily backfire and corner you into requiring legal council.

If there was no written contract detailing your agreement then you're probably sol. Do check your local and state statutes regarding oral/verbal contracts and how binding they are, as well as how they relate to breech of contract litigation.

[SephYuyX]

You could add the court/lawyer fees to his amount he owes you though.
But yeah, without a contract, or the conversation recorded.. ehh, I dunno.

[Tyche]

A recorded conversation would probably be omitted. There are just a very few amount of states that allow recorded calls when only one party is consenting.

[Jerseyprophet]

The agreement is in our emails though, verifiable by hotmail. Is that good enough?

(although I do not have any recorded conversations, New Jersey IS a state only requiring 1 party consent (the person recording)).

[SephYuyX]

Emails are a last resort thing courts will accept, but is very plausable, as long as they see youve tried every other path.

[aurik]

Small claims court. No lawyers allowed, and the standard you need to meet is a preponderance of evidence.

You know, like Judge Judy.

[SephYuyX]

File it locally too, since he lives so far away, he may not want to travel to go to court, and you can win that way.

[Remyo]

emails =/= contract

[Kaylia]

emails =/= contract

A contract is an agreement between 2 people to exchange something (money against service usually), it's not a piece of paper.

If there was some sort of clear agreement in the email, it would be a valid contract.

[Remyo]

A contract is an agreement between 2 people to exchange something (money against service usually), it's not a piece of paper.

If there was some sort of clear agreement in the email, it would be a valid contract.

depends on the state, a few jurisdictions require a contract in writing with a witness if the goods or services total over $500.