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Small Claims Court (1 Viewer)

My attorneys advice:

[SIZE=11pt]I don't think the contract changes any of the things we discussed. There is no way that they can cancel you/your contract AND keep your money without providing the service. They can cancel/terminate, but they would have to pay back a pro-rata portion. Whatever that amount would either have to be negotiated or have the Court decide. But the idea that because they have the right to terminate with notice certainly does not mean they also get to keep your money. That is a ridiculous position by them.[/SIZE]

[SIZE=11pt]The issue as to legal fees is similar. I think the accurate interpretation of the contract is that if Snow King has to pursue collection remedies against you, then it is entitled to its legal fees. It cannot cancel your contract, steal your money, then when you sue to collect it, charge you for their attorney's fees. That makes absolutely no sense and I can't imagine them prevailing on that position.[/SIZE]

[SIZE=11pt]The problem of course is that you/me, whoever, could spend a boatload of time/money on something like this. The guy is an ##### who should be charged with a crime, and sued. [/SIZE]

[SIZE=11pt]If you wanted to mess with him I will do it, but there are some risks associated with that strategy. As I mentioned, I had a client spend $60-70K to fight over a $6K bill (and we gave him a discount!). [/SIZE]
I'm willing to bet that if I look through my email I would find almost the exact same email I have sent to any number of clients, just change the numbers slightly and the names. It's one of the problems in our system how the cost of justice basically nullifies the ability to get justice. But a straight loser pays system would be a mess too.

 

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