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Wed 9 Feb, 2011 02:15 pm
Hello. I live in CA and I signed an affiliation agreement 12/09 which states that I was to pay a monthly fee to the owners. The owners said "NOT" to pay until my business had picked up. Although my business is struggling, I have tried several times to start paying this fee. Each time the owners said "NO" don't worry about. We have now parted ways, for both personal and professional reasons, and now they are taking me to small claims court for the affiliation fee they said I didn't have to pay plus their legal fees (I am being bullied). Has anyone dealt with a situation like this? I thought a verbal agreement would override a written agreement, but is that hard to prove? I mean obviously the proof is that they are suing me for back fees that I have not been paying because business has been slow. Please, help or share your story. Thanks.
It sounds like there is more than what you have posted.
Did you break a lease or agreement with them? Leave early?
It sounds like they were waiving certain fees, with the understanding that you were going to stay for the long haul. If you left early, then they now want all their fees.
@denise19,
Quote:I thought a verbal agreement would override a written agreement,
A written agreement trumps a verbal agreement. A written agreement is hard proof. Without that it's your word against their word. You should have put the money is escrow if you felt uncomfortable with the arrangement.
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