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  1. #1

    Default PR Company Signed A Contract And Then Terminated The Contract, Now Suing Me

    My question involves business law in the state of: IL

    I entered a contract which clearly stated terms. A budget was set for the first 45 days, and consecutive following 2 months. The contract also specified that the PR firm had to provide proof of placement via PDF for printed placements before payment would be received.

    The trouble first started when the company debited my account without providing proper documentation of article placement, then tried to charge me over the budgetd amount for the first 45 days.

    I was told that since a budget was set, any placements over the budget amount that the PR company would "eat the difference" several times.

    30 days in, they realised they were going over budget, they came back and said "OOpps we made a mistake ad, our rep explained the contract wrong"

    And tried to renogiate the contract, when I wouldn't renegotiate the contract within 48 hours, they resigned from working on the contract via email. Not being a legal means of termination [as one of their own terms of the contract]

    I sent a certified letter describing the reasons for contract termination and included a check for the final balance due for the first 45 days with a notation on the check that stated - Endorsement of this check is acknowledgement of payment in full and no additional funds are due...

    Now they are trying to sue me for funds above and beyond the initial contract.

    I reside in IL, the address for the company that signed the contract is in FL, but they filed in VA.

    I have email correspondence which the company president admitted the error on the part of the company - that his employee clearly made an error, even though there was much email correspondence detailing proper billing since they we violating their agreement.
    I also have correspondence where I asked continually for PDF Files as proof of placement which they failed to produce.



    First, is it possible to have the jurisdiction to IL?

    Second, Can I file a counter suit including court cost, legal fees and damages?

    I look forward to your input.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: PR Company Signed A Contract And Then Terminated The Contract, Now Suing Me

    First, is it possible to have the jurisdiction to IL?
    Somewhere in your contract, it should explain under which state's rules both parties are bound. That's where the jurisdiction is.

    Second, Can I file a counter suit including court cost, legal fees and damages?
    You can file suit for virtually anything.

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