Full question:
I have a auto repair shop, I had a customer that mislead me into thinking he was frequent customer of neighboring shop in the same complex. Based on his story he said he did business with my neighbor frequently so I thought I do the right thing and help him out. He asked if I could make some minor repairs on his vehicle and we verbally agreed on price and work to be preformed for $250. Well as you probably already know we preformed the service on good faith however, customer came back and took the car without paying. I realize this my own mistake and I won't make again but I'd like to see what my best course of action is here. I know it's not a lot money but don't want go down without a fight if plausible I have a the receipt with his vehicle info and his phone number.
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: California
Answer:
If someone owes you money for services rendered, you can take legal action to enforce the agreement. For smaller amounts, you typically file a complaint in small claims court. In California, you can file a claim for amounts under $7,500 in small claims court. If your claim is under $1,500, the filing fee is only $30, unless you frequently file complaints.
Verbal agreements are enforceable, but you must file your claim within two years of the agreement. A breach of contract occurs when one party fails to fulfill their obligations without a valid legal excuse. This can include not completing a job or failing to make payment.
In legal terms, a breach of contract means a promise was broken. Breaches can occur at a specific time or continue over time. Lawsuits for breach of contract are civil actions, and the goal is to restore the injured party to their original position as if the contract had been fulfilled. Remedies are not meant to punish the breaching party but to compensate the injured party. If monetary compensation is insufficient, a court may order specific performance to compel the breaching party to fulfill their contract obligations.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.