Can I sue a client for lack of payment?

UPDATED: Oct 1, 2022

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Can I sue a client for lack of payment?

I provided photo booth service requested by client. We have emails back and forth describing the services to be rendered prices and details and her statement of agreement. A formal contract was to be signed that day and

payment received the day of event. She neither signed or paid and aid to call her tomorrow. I called her the next day but still no payment.

Asked on December 17, 2018 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, even without a formal written contract, there was an enforceable agreement here: there was an agreement as to the terms and an exchange of "consideration" or things or promises of value (your agreement to provide the services for her agreement to pay for them). When there is mutual agreement and an exchange of consideration, there is an enforceable contract: therefore, you since you did your part (provided the services), you can sue her for breach of contract for not honoring her reciprocal obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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