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Breach of Contract

Written Contracts

A written contract, for all practical purposes, is the law between two parties per their express agreement.  There is no such thing as a “standard contract,” in the sense that  the parties can adjust the terms as they see fit.  At a minimum, a contract should establish the material elements of an agreement such as: identifying the legal parties to the contract, the scope of work, the time of performance, payment amount, payment due date, change order procedure, and dispute resolution procedures.  Additionally, state law requires certain types of construction contracts to have specific language included in the contract.

Verbal Contracts

A common question asked by clients:  “Is a verbal contact enforceable?”  Yes.  “Contract” is a legal term that signifies a meeting of the minds where two or more parties have agreed to do something in return for the other party doing something else.  Typically, one party agrees to provide something or perform a service in exchange for payment.  When one party fails to hold up their end of the deal, we call it a “breach of contract.”  A verbal contract is usually just as enforceable as a written contract.  There are some exceptions, particularly regarding real estate contracts and agreements to pay the debt of another.  There can also be more difficulty in cases involving verbal contracts because it is harder to establish what exactly the parties agreed to do.  Often times, the actions of the parties paint a picture of what each party expected the other side to do.  If you believe someone has breached a contract with you, even if the contract was not in writing, we can evaluate your case.


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Defending debt collection lawsuits and suing abusive debt collectors under the FDCPA

Violations of the Fair Debt Collection Practices Act (FDCPA)s

Examples include:

  • Calling at unreasonable hours ( too early in the morning or too late at night)

  • Persistent telephone calls made from an auto-dialer

  • Using profane or insulting language when attempting to collect

  • Threatening you in anyway

  • Concealing their true identity

  • Suing on an old debt that is time-barred from collection

  • Contacting you when they know you are represented by an attorney

  • Contacting other parties regarding your debt

Debt collectors often employ persistent and  aggressive tactics when attempting to collect.  Many of these tactics are also against the law, in both state and federal statutes recognize the underhanded methods debt collection agencies utilize to scare debtors into paying their hard-earned money.

Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1978 to curb abusive debt collection practices. The FDCPA actively prohibits debt collectors from using deceitful methods to collect outstanding debts.  Under this law the debt collector may actually have to pay $1,000.00 dollars for violating your rights!

Debt collection agencies use unfair tactics in an attempt to intimidate you into paying a debt you have little ability to pay. Not only is this unfair, but also unreasonable. Typically, debt collectors do not take into account your current standard of living and the people that depend on you for roof and shelter. When a debt collector uses means such as profane language, lies, and threats when speaking with you, they may have broken the law and should be held liable.

Are you currently being illegally harassed by a debt collector?

If a debt collection agency has ever threatened you in any way, you have been the victim of debt collection abuse and you can file a lawsuit to protect your consumer rights and potentially pursue compensation for damages.   Please contact the law firm of Joseph Gardner Dato, P.A., at 813.259.1555

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