Q: My company helps authors self publish books. We signed a contract with a client who’s suing for breach but she can’t
Produce her signed contract and we can’t find our copy the book was paid for completed and printed.
A: You didn't ask a question, but you seem to be wondering if she can sue even though neither side has the written contract (or a copy). If so, the answer is yes, she can, and then the question is whether you agree or disagree with her version of what the terms of the contract were. If you agree (not with her accusation of breach, but with her version of the terms), then there is no dispute that those terms existed, and your dispute would then be over whether any material term was breached. If you DO dispute her version of the terms, that would be an additional defense.
A: If you're in a lawsuit, I recommend getting a lawyer. The process has many pitfalls for those that are inexperienced in court. You may be able to secure reduced or free legal services. There are often free pro bono services in most areas. Since you're in Florida, you may also want to check out https://freetriallawyer.org to see if your case qualifies. Good luck!
A:
The direction that things take could depend on the judge. One possibility is that the parties could be asked to review a standard contract used by the company to determine if it was the same one applicable to the action. Another possibility is that the court may not wish to move forward without having the actual contract at hand. It could depend on the nature and scope of the breach, the amount at stake, and the number of other cases on the court's docket.
Tim Akpinar
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