Are private contracts legal?

[Ranavan]

I have been advised by a parent that the contract she signed with me is not legally binding as I am a privately owned. She has discontinued care with no notice as she was fired from her job. If she were a single mom I would be more understanding but it came to the point in our texts (gosh I hate texting lol) where she said the $500 shouldn't make or break me.. but it does. It won't to her as her husband makes a ton... which is all beside the point as I shouldn't have to justify why my contract is binding. What legal regress do I have?

[treeholm]

A contract between two individuals is legally binding. It doesn't matter whether you are a business or not. I don't know what your contract looks like, but her signature agreeing to specific terms is legally binding. The problem will be that lawyers often charge $300 + per hour, so it will cost you more than the $500 she owes you to collect it. Not sure about just going through small claims court, but that is probably an option. Getting legal advice might not be worth it due to the cost... unless you have a family member who is a lawyer and will let you ask him/her for free. Don't we all wish we had a lawyer in the family...

[Momof4]

If you took her to court the judge would certainly disagree. Do you know any lawyers?

[Ranavan]

:( no lawyers in the family.. but I would do small claims court.

[Inspired by Reggio]

Yup ~ a contract does not even have to be in writing to be legally binding a verbal contract with witnesses as proof can be made to stand up in a court of law!

Having it in writing with a signature makes it all that more 'provable' that they agree to the terms of service and have since reneged!

Personally for $500 I would likely take it to small claims court!

[mimi]

Given her disgusting attitude towards you - how does she know what would make or break you and who is she to decide this and then tell you your contract means nothing - I would definitely go after her in small claims and let her be a "lawyer" there. :cursing:

[Crayola kiddies]

With the way she treats people it's no wonder she got fired !!!! Take her to small claims even if you break even at least she wouldn't have gotten away with it and she will think twice about trying to disrespect someone by screwing them over

[Dreamalittledream]

Can you sue as well for legal fees incurred to collect the money owed?

[dodge__driver11]

I have taken someone to a collections agency here they take a 15% cut of the money owed, but whatever it worked and I got my money....not sure what the rates are where you are but def. worth a look.

[michellesmunchkins]

I have it right in my contracts that if we end up in court over money all court fees are the responsibility of the client (meaning they have to pay all court fees). I've only ever had to threaten it once...got my money within a couple days. For $500 I would for sure take it to small claims, plus the way she treated you and spoke to you...I would do it just on principle alone! Sorry your going through this and hopefully you get what is rightfully owed to you!

[apples and bananas]

Most lawyers will give you a 30 min free first meeting. This is a great way to see if legal action is nessasary. You may be able to file through small claims for minimal fees.

The problem with claiming legal fees is that you have to put them out first and then, if you win, you will get them back later. Not something I have the money to bank on, I don't know about any of you.

In that first 30 minutes of free legal advise they will probably give you key phrases to use in an email, which will make you look like you're seeking legal council and may just scare her enough to pay you and be gone.

[Judy Trickett]

Yes, it's binding. And two, I am gonna go out on a limb here and bet that if the tables were turned and her employer owed her $500 she would see the cause to go after it and it Would "make or break her".

Good Lord, what is it with people and double standards?

I would totally send her a registered letter telling her she needs to pay you in CASH or certified cheque by XX date and that if payment is not received you will be filing a suit against her in small claims. And if she does not pay then GO AND FILE suit. When she loses she will have to not only pay for the $500 but for the day's pay you lost to go to court and the fee to file.

[mamabear]

Holy crap what a bit@h!! I would totally take her to small claims, even if I only broke even just to show her you will NOT be treated that way!

[mom-in-alberta]

Keep those texts!! It will prove that she knew she owes you that money, but is choosing not to pay.
What a beeeyotch!!