Customer in new york won't pay for inspections in china

[master35]

My jurisdiction is: new york

i am a canadian, i did inspections for a new york customer in china, and now he won't pay ( making excuses ),
i filled in small claims court - now awaiting trial
we didn't had a written agreement - only emails with work details and expected fee
wondering if i can sue him for more ?

 

[Michael Wechsler]

Sue him for more than what? If you filed a small claims case (where?) and sued, then you need to await the trial and see if you're awarded damages.

 

[master35]

more than the professional fee he owes ( more because of avoiding to pay and delay )
filed claim in manhattan

 

[dee_dub]

You might get interest awarded on the judgment because of the delay. But a small claims court will almost certainly not award you damages for, say, the distress this may have caused you.

 

[master35]

thanks,
where should i knock for damages !

 

[Michael Wechsler]

thanks,
where should i knock for damages !

You might be able to sue for the cost of enforcement if the defendant has no reasonable defense. If the defendant doesn't even show up I'd ask for full reimbursement of all expenses and use the following logic. The high cost of enforcement is a foreseeable damage of an intentional breach of contract. The defendant hasn't shown up in their own county knowing that the cost of our appearance is high. If the court does not award this foreseeable damage, then there is absolutely no reason why defendants won't continue to breach contracts and commit these wrongful actions. As such, it's not a punitive damage but a foreseeable damage. Go for it. I won such a case with consumer law (a little different but you can use the incidental and consequential damages theories that flow from the breach of a contract rather than punitive.)

 

[master35]

thanks

You might be able to sue for the cost of enforcement if the defendant has no reasonable defense. If the defendant doesn't even show up I'd ask for full reimbursement of all expenses and use the following logic. The high cost of enforcement is a foreseeable damage of an intentional breach of contract. The defendant hasn't shown up in their own county knowing that the cost of our appearance is high. If the court does not award this foreseeable damage, then there is absolutely no reason why defendants won't continue to breach contracts and commit these wrongful actions. As such, it's not a punitive damage but a foreseeable damage. Go for it. I won such a case with consumer law (a little different but you can use the incidental and consequential damages theories that flow from the breach of a contract rather than punitive.)

great - so far so good - guess i will through these terms in court
let me know if u ever need a free marine advice
thanks !

 

[master35]

small to county civil

small court date got postponed - thinking of going to civil county to claim more

1- what is the procedure to move from small to county civil
2- how much damages can i claim for distress

thanks

You might get interest awarded on the judgment because of the delay. But a small claims court will almost certainly not award you damages for, say, the distress this may have caused you.

 

[dee_dub]

1- what is the procedure to move from small to county civil

Talk to your court clerk. They should be able to point you in the right direction.

2- how much damages can i claim for distress

Depends. How distressed were you? Frankly, although you can always try to claim them, I doubt you will get those damages in superior court either.