Middletown, NJ asked in Business Law and Contracts for New Jersey

Q: Client refuses to pay me, emails solidifying work agreement & project scope, payment terms for a 3-month contract.

Entered into work project with client in July - contract ended on last day of September (this month). It was an open contract as far as deliverables, was helping him with marketing, sales, business development, and branding. He paid fully for one month, defaulted $500 second month, and refuses to pay third month saying he doesn't have the money - and threatening me that he will counter sue because I haven't turned in work (for which he hasn't paid me). We have emails acknowledging this work agreement, deliverables, fees, and expectations (as well as text messages). (1) - is my payment contingent on quality of work or fulfilling my duties?, and, (2) is he liable to pay me because of said contract? Also, I have damages now because due to his non-payment, I have defaulted on my apartment payment (lease) and now am at risk of losing my apartment.

Related Topics:
1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: You need to retain counsel to handle this matter. Do not say anything to this person and print out and bring everything to an attorney, who can advise you. No contract should be drafted by anyone other than a licensed attorney. The money you spend having an attorney draft a contract will save you many times the cost if there is a problem. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.