Threatened With Breach of Contract Claim After Trying to Collect a NSF Check

[Mearhwine]

My question involves collection proceedings in the State of: Nebraska

OK, basically what happened was a performed a contracted service for a client. I performed this service for nearly two months. The client paid in cash gradually over those two months. When she came to pick up the resulting project, she still owed me nearly $400. She gave me a check. The product was already loaded (which is a chore in itself), and therefore I took the check not only to placate the client, but to avoid a potentially volatile and dangerous situation. This was two saturdays ago. Last Thursday I went to the issuing bank to have the check cashed. I went through the normal processes of showing ID, fingerprinting, and endorsing the check. When the clerk tried to issue the cash, the account had been cleared out. He gave me a card and said to call back before trying to cash it again. I promptly sent a text message to the client, asking politely and professionally for her to pay me, in cash, that day. She already had the product, and owed me nearly $400. I felt well within my rights to demand payment on the spot. Maybe I was wrong. Anyway, after a few text exchanges back and forth, she blocked my phone number without warning. I figured I would be professional and give her until today (Teusday) to pay me. I sent her a text message from another phone this morning asking her if she was planning on paying me today (the day she said she would be able to pay me), or if I needed to turn the account over to collections. She promptly texted me back, telling me not to contact her again, that she had hired an attorney, and she planned on "counter-sueing" me for breach of contract.

I turned the account over to collections an hour later.

My question is, can she sue me for breach of contract if I didn't actually breach contract? I've read through the contract over and over and over and nowhere in it do I see anything that I may have breached, except maybe in accepting a personal check in payment upon pickup of the product. She had been completely happy with my services until I tried to collect this money, and suddenly I'm in breach of contract? Should I actually worry about this or could this just be a scare tactic? Should I go ahead and plan on seeking counsel, or hold off for a bit?

FAQ

Is there a written and signed contract? Yes, and I believe it covers my bases. However, it was not notarized by the county office when it was signed by both parties. Should I go have it notarized before this goes to court or is it essentially too late for that?

Did you breach contract? No.

Is the account in collections? Yes

Why did you accept a check in the first place? Because I had already loaded the product (a 20-30 minute process), and did not wish to provoke a potentially volatile and dangerous situation for myself. Besides that, I had no reason to believe that the check was bad at the time.

Are you sueing her? Oh gods no, I just want to be paid for my performed services. But I will if this goes to court...

Thanks for your time,

Mearh

[lawaholic]

Yes, she can sue you for breach of contract even if you didn't actually breach the contract. One person can sue another for any frivolous reason they so desire, however it doesn't mean they'll win the suit. If you didn't breach the contract, when the case is brought before a judge, he'll tear her "counter-suit" to pieces.

[Mr. Knowitall]

It's not the judge's job to "tear her 'counter-suit' to pieces". The judge rules based upon the evidence. It's up to the litigants to present the necessary evidence for the judge to conclude, on the balance, which story is more credible.