Legal advice?

[MrFryMoto]

Hi everyone!
haven't been posting on here much lately, but seems like everyone is doing well?

I normally try not to air my laundry out on the web, but I was hoping to get some legal advice for a situation we have come into.

For the past couple years we have been running our own business (labor based), and as of the beginning of this year, we have shut down the business.

Last year, we gave away a free prize for 1 hour of work, and contacted the winner afterwards to schedule the time to do so. She responded once, but then never came back to us until recently (after we have shut down) and is demanding that we own up to the prize.

We've apologized and explained that the business is no more, but of course that isn't good enough.   Unfortunately, we neglected to put an expiration date on the prize at the time , but i'm not sure what to do in this situation.

We've contacted her and let her know that we will honor the hour of labor, but that it is no way associated with the business as we no longer have a business license nor insurance.

I'm mostly just curious what are the legal ramifications of all this if we didn't honor the prize? Could she take us to small claims?

I keep thinking of an analogy of all the people with gift certificates to Borders. Now that they are shut-down, what happens to all the people with gift certificates and such?

thanks in advance!

[ducpainter]

She could probably take you to small claims court...

and the judge might rule in her favor or not.

I'd be curious to know what the penalties would be for doing business with out a license or insurance as compared to the value of the labor.

What if she's unhappy with the work and sues you anyway?

I'd write her a check for the value.

[derby]

I'd write her a check for the value.

[ducatigirl100]

I cannot tell for U.S. courts  but here in Quebec the lady wound't have a case...  

1- Was the company incorporated or it was at your name ? this could have an impact on your hown responsibility in the case

2- what was the total cost of providing that service ? let's say if it's under a 100$ it seams ridicule to endure all the stress of having to defend yourself to the small claim's court

3- Becose you have alredy contacted the client before and she never came back you sould check  the time that your client add to  produce a claim in court....the client could actually be out of the permited time....here in Quebec it's 1 year to produce a claim ( as an example)  

[Speedbag]

I'd write her a check for the value.

This.

Simple and easy.

[MrFryMoto]

thanks everyone!

It was a sole proprietorship (my name) and the 'cash value' would be $300 for the services.

we are waiting for her to respond to our last email, but maybe cashing her out is the best option (even though i'd rather not spend that right now).

[ducpainter]

thanks everyone!

It was a sole proprietorship (my name) and the 'cash value' would be $300 for the services.

we are waiting for her to respond to our last email, but maybe cashing her out is the best option (even though i'd rather not spend that right now).

I guess if you have the time to go to court you could take your chances...I hear not wanting to spend 3 bills.

Sometimes though it really is the cheapest easiest way.

[fastwin]

Throw the money at her! Make her go away. It's not like she's on your Christmas card list anymore.

I don't know what services you were providing before you shut down but it stinks that she is pulling this nickle and dime stunt after you have closed the doors to your business. Where was she when you were still in business? I smell a rat. Giving her the cash (I know you don't want to) is still cheaper than hiring an attorney and going to even small claims court.

[ducatigirl100]

try to cash her out for half the price arguing that if she goes to the small claim court ;


1- if she looses she Will have to pay some your legal fees ( not sure if it's true in the U.S. but she might not know it ..    ) it's a risk for her

2- Since the company no longer exist you can tell her that your first objection in court would be that it's a wrongfull claim since you hare not "the company"

3- Since you already contacted her,  your responsibility  is no longer an issue since she never call you back afterword's .

Theses  may not be valid legal point but a "shark lawyer "    would tell you client these thing to encourage her to accept a diminish compensation  

[fastwin]

What they just said.

[hbliam]

The company is out of business. The company attempted to give the prize to her when it was still in business. The "prize" is gone just like the business. Tell her to take the company to small claims court. If you lose you pay the $300. Big whoop.

[The Architect]

Offer her $150. 

[RAT900]

cash her out....do NO work....

this type will have you back because it was "unsatisfactory"

do Not shake hands with an octopus,,,,,, they have 7 other tentacles to grab you with

[CayoHueso]

The company is out of business. The company attempted to give the prize to her when it was still in business. The "prize" is gone just like the business. Tell her to take the company to small claims court. If you lose you pay the $300. Big whoop.

This.

It is my understanding when Borders went under you were kind of screwed with a gift card. Since they probably had numerous creditors...once they were liquified, the creditors get paid off first and the consumer with the 20$ is at the bottom of the list.

Good Luck!

- Brian R.

[MrFryMoto]

well, she responded to our last email offering to do the work out of our personal time. Her response is... ''special''.

Not sure if i mentioned this before, but it was a wedding and engagement photography business.
Please keep in mind that we have been nothing but apologetic to her and have explained the circumstances (no business license or insurance, etc.).

What a joy our engagement photo shoot will be with an attitude like that. The point is you promised something you haven't delivered and now act like you have no obligation. Even retail stores that go out of business are liable for gift certificates they've already issued.

I would have been understanding if you had been apologetic or at least explained the circumstances without being ridiculous about it. You don't need a business license to point a camera at someone. Do you refrain from taking photos of your family because you have no business license?

We can wait until June if that will mean you are done with the wedding and can be civilized human being again. Otherwise we can do it this week.

<name omitted >

So that being said, there's no way i'm taking photos for her! Like i'm going to be able to make this girl be all smiles and kisses when both parties are upset!
Now it's just determining whether we say 'tough luck' and be done (hopefully not having to deal with small claims), or offer to cash her out...