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  1. #1

    Are private contracts legal?

    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?

  2. #2
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    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...

  3. #3
    Euphoric !
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    If you took her to court the judge would certainly disagree. Do you know any lawyers?

  4. #4
    no lawyers in the family.. but I would do small claims court.

  5. #5
    Euphoric ! Inspired by Reggio's Avatar
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    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!
    Children construct their own intelligence. The adult must provide activities and context, but most of all must be able to listen. Children need proof that adults believe in them. Their three great desires are to be listened to, to understand, and to demonstrate that they are exactly what we expect."
    Loris Malaguzzi

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    Euphoric ! mimi's Avatar
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    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.

  8. #7
    Euphoric !
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    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

  9. #8
    Euphoric ! Dreamalittledream's Avatar
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    Can you sue as well for legal fees incurred to collect the money owed?
    Children are great imitators.
    So give them something great to imitate.

    ~Anonymous~

  10. #9
    Expansive... dodge__driver11's Avatar
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    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.

  11. #10
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    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!

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