Legal Question in Civil Litigation in New York
cival law
on our sales contract it clearly states once work has started there are no refunds. I have a project that is 90 pct done. I am being forced to anserw a cival suite for $13000- we only recieved $7000. The project was for $9000. I have this clients signature on a contract he said he read from cover to cover. His excuse to not pay the project is it has taken to long. He lives over 40 miles away. and he has broken off all contact over a year ago. My son and myself have been to court. They said since we are a LLc we had to have a lawyer represent us. What is the law in this case.
2 Answers from Attorneys
Re: cival law
This area of law is our specialty; however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: cival law
An LLC must be represented by an attorney in the NY courts. There is an exception in the Small Claims Courts of NYC. A "no refunds" contract provision has some weight under the UCC (which governs the sale of goods) but has little if no effect when it comes to contracts for services. There is not enough information in your inquiry for me to determine the merits of your defense. Consult an attorney immediately. If you fail to do so, a default judgment will be entered and the marshal/sheriff will be sent to seize your assets.
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