Oh, I am in Arizona, the work was completed in Arizona, but they are located in Los Angeles.
Oh, I am in Arizona, the work was completed in Arizona, but they are located in Los Angeles.
depending on how much the services were worth it probably wouldnt be worth the time to sue them, however if the amount is great then I wouldnt see why not with them being in la and you in arizona the chances that im guessing " struggling artists" would show up would probably work more to your favor in a default judgement. But take this with a grain of salt im sure the pros will have better civil case law for you.
is there a bill or proof that you were paid for one service and not the other or is it he said/business said? If theres no bill they could always argue that they paid the whole amount.
First of all, thank you for your response.
Unfortunately there is no written proof of payment for the first service completed. There was someone present, the person that actually refferred me to the job. We are good friend and I am sure he will "testify" to what went on, and he knows the "ins and out" of the payment situation. Along with that, there is a trail of emails showing the work done and the file being sent as a seperate transaction as well as a trail of emails requesting the money and them saying that they would get around to doing it. And this was after the initial payment was made.
How would I go about requesting a filing for sueing someone.
Simply go to your local courthouse and file the case in the civil section. usually the prices depend on how much your sueing for. With no proof of payment due such as a bill or agreement in writing between the two of you it could be hard to prove. However unlike a criminal trial you only need a preponderance of the evidence and NOT proof beyond a resonable doubt. Argue your case if you win than good for you, if you lose just chalk it up to business lessons learned. Always make out a bill for every sale so you have the proof just in case you get stiffed. good luck keep us informed.
If it is a small amount of money, I would just chalk it up as a loss and move on.
Unless it is a small claims case, you you simply don't "file" a case. In such inferior courts, they may have the "fill in" form, true.
If in a superior court YOU need to format your own complaint, causes of actions, caption, etc. They may provide a civil cover sheet, but it is NOT a complaint.
Small claims cases for out of state parties may not even be permitted to be filed? That you would have to check. A Superior court may be the only method. Small claims, generally, state specific, have a jurisdictional limit of $7,500.00. I did not check for AZ.
Municipal courts, X TO X amount, say from over small claims up to 15-25 thou., and State courts over the municipal jurisdiction.
Arizona is $10k or less, the statue of limitations is 3 years for an oral contract in arizona also.
My personal thoughts.
I would suggest to them an easy payment plan.
You could file a civil action but you would waste the filing fee as the court in your state would have no personal jurisdiction over the defendant and the case would be tossed. The only way the court could find personal jurisdiction is under a long arm statute and you would have to research the law on that and see if the defendant's actions are covered by the long arm statute. You would probably have to prove that in court, especially if the defendant answers with that affirmative defense.
You would also have to have a physical address for the defendant and have that person served after filing.
You should consult a local attorney. You often can get an initial consultation for free.
Thanks again for your responses. Here's the thing. I checked up on what has to be done, and I'm wondering, do you think it would hurt or help if I were to inform them that I plan to pursue legal actions. I would prefer to not go through the long process of filing a claim, paying additional money, waiting on a date, and then waiting to be paid. I would like to think that they may decide to just send the money as opposed to going through this as well. But then again, they may decide to want to go through with it and draw it out more. They may not accept the summons and then I would have to pay additional to have them served. What do you think?