Legal Question in Civil Litigation in New York

contract lawsuit

i took on a freelance web design project for a friend's friend and had drawn up a simple contract. the client then began to change the nature of agreed upon terms at which point i had said i can't work with her anymore. i tried to settled with her lawyer for making installments on the money received ($7100) but was told they did not want to wait to receive it all. i received a summons for lawsuit for approx. $21k. i can't afford a lawyer but don't know how else to handle this. if i go to court and say lose, will i still be able to pay in installments or is it something that will be demanded in full amount. will i be arrested? also, what if i no longer live in the state where this is all happening (ny)?


Asked on 7/23/08, 10:25 am

5 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: contract lawsuit

The question is which is the lesser of two evils. Paying a lawyer several thousand dollars or overpaying $14,000.00. You must hire an attorney. I will charge you a reasonable fee.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/23/08, 12:17 pm
Gary Moore Gary Moore Attorney At Law

Re: contract lawsuit

The question is which is the lesser of two evils. Paying a lawyer several thousand dollars or overpaying $14,000.00. You must hire an attorney. I will charge you a reasonable fee.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 7/23/08, 12:18 pm
Gary Moore Gary Moore Attorney At Law

Re: contract lawsuit

The question is which is the lesser of two evils. Paying a lawyer several thousand dollars or overpaying $14,000.00. You must hire an attorney. I will charge you a reasonable fee.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 7/23/08, 12:18 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: contract lawsuit

You should really have an attorney. Since you moved, I don't think legal services may help you but you can try.

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Answered on 7/23/08, 1:10 pm

Re: contract lawsuit

A unilateral change in the terms of the original agreement from one party is not a renegotiation of that agreement but a new offer; your refusal of same offer terminates the agreement.

When you said you could not work with her anymore, was this in writing and did it mention changed terms? If so, it will be clear to a judge that she breached the contract by making a new offer. So you won't owe on the original contract

Although you received 1/3 of the amount of the contract, did you perform any work on same, or did you prepare to do any work on same? If so, you may be able to keep some (or all) of the payment due to principles of quasi-contract (where you may keep the money due to work performed or quantum meruit)

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Answered on 7/23/08, 2:57 pm


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