If a client signs a contract and refuses to pay, what should I do?
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If a client signs a contract and refuses to pay, what should I do?
A client signed a contract for service dog training. However, after several sessions no payments had been made, they were advised that training would not continue without payment. The client elected to end training but has not made any payments and has not returned company property. Do I need to look for a lawyer or collections department?
Asked on March 5, 2019 under Business Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the client for breach of contract. Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed for the unpaid training sessions.
Your lawsuit should include a separate cause of action (claim) for conversion which is theft in a civil case. Your damages would be the value of the company property that was not returned.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
A monetary judgment in your favor can be enforced with a wage garnishment.
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