Lawyer trying to contact me?

[Crispix]

What is the name of your state? California

I am an LLC. A former client (also an LLC) failed to pay an invoice for $2k. They completely ignored my collection attemps for over a year. I finally took them to small claims court and have a court date next month.

I have a strong case: a signed agreement, a 12 month history of paid invoices, extensive detail on the work performed, and a history of correspondence for collection attempts. It should appear obvious that they have just tried to get out of paying their final invoice.

Now that they have been served, I am suddently getting messages from their corporate attorney: "I have no idea who you are, please call me so I can evaluate this claim."

My feeling is that at this point it's up to the judge to evaulate the claim. An attorney is not allowed to represent the company in California small claims court. So I am ignoring his calls.

His last message was "Let's try to work this out." -- I have ignored that, too.

Is this wise? Am I under any obligation to talk to their attorney? Would it be harmful to my case by talking to them? I realize they are entitled to copies of all my documents, but small claims discovery takes place in court, right?

I really don't want to settle for a lessor amount in advance of trial -- I'm perfectly willing to let the judge decide. Your thoughts?

Thanks!

 

[stephenk]

Under CCP Section 116.530(b) wouldnt an attorney be allowed to represent the defendant?

Why not call the other side and say you want to settle for what is due plus your filing fees? The worst they can say is no.

Remember, nothing is guaranteed. The judge may not grant all your relief no matter how well you think your case is set up.

 

[JETX]

I agree completely with StephenK.

Why not at least return the call. You might just be able to resolve the matter, or at the least be able to hear what their position is. The worst that could happen is right now... you feel you have a strong case and... they might have a stronger defense.

Give them a call. Your 'winning verdict' is not a sure thing. I have seen some absolutely water-tight cases go south on the smallest detail.

Law101:
Any reasonable settlement in the hand, is better than taking a risk in court..... and ALL cases have risks.

 

[Crispix]

Called but no luck

Thanks for the advice. I called him back -- he claimed not to know anything about my claim. He requested a copy of the invoice, which I faxed again.

I have not heard back. Looks like it's going to court. I'll post the outcome after the court date at the end of the month.

 

[stephenk]

you tried. good luck.

 

[Crispix]

Won the case

Our case was heard today. It was over in about 5 minutes and we won. He even wrote a check right there. I'll spare the details.

The only interesting thing was that the defendant was almost sent home packing because he is an attorney and not the sole owner of the company. Since none of the other owners are attorneys, the judge said one of them should have shown up instead. Eventually the court decided to allow it only because it was obvious the defendant was not a practicing attorney, was there as an owner not a lawyer, and I did not object.

 

[stephenk]

damn, i knew i should have had you sign a retainer before i gave you my advice.

good job.