Legal Question in Business Law in California

Breach Of Contract

I leased out my car to a company that takes over the current payment and then pays you. Well about a year and a half ago they stopped paying and my car got impounded. Last week a friend told me I have a case and to look into it. I don't where to start but I still have the contract.


Asked on 5/08/07, 11:00 am

3 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: Breach Of Contract

If the amount is below 7,500, you should file a claim at your controlling small claims court. You can do a search online for "California, Small Claims". There are various resources available to assist you in this. From the way you described this, you at least have a breach of contract situation. You can hire an attorney or a small claims advisor to assist you if you need to, but almost everything you need is available online or by contacting each counties assistance services.

If the claim is for greater the 7,500 then you really need to hire an attorney to file a civil suit. You actually want a civil attorney, not really a business attorney.

Hope this helps.

Read more
Answered on 5/08/07, 11:43 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breach Of Contract

The starting point is to find out if the company is still in business, not bankrupt and likely to be able to pay a judgment if you get one. If it was a corporation or LLC you can find out some basic information on the Secretary of State's web site at www.ss.ca.gov - then go to the business portal and California Business Search. You can get more info from the SS on officers, etc. than the sketchy data available on line, but you have to order it and it takes time and there is a small fee.

Read more
Answered on 5/08/07, 12:00 pm
Terry A. Nelson Nelson & Lawless

Re: Breach Of Contract

You waited this long why? You should promptly sue the company for your losses under the contract. If less than $7500 do so in small claims court. Over that amount, sue in Superior Court. Feel free to contact me if you need counsel to represent you in Superior Court. Hopefully the company is still in existance.

Read more
Answered on 5/08/07, 1:48 pm


Related Questions & Answers

More Business Law questions and answers in California