Kansas Breach Of Contract Legal Questions

There are various collection procedures available to judgment creditors (I assume that you have reduced your award to a judgment; you can't do anything without one), but you have to initiate them, they won't happen automatically.  The procedures include seizing and selling the debtor's assets, but regardless of what price is received, you will receive no more than the judgment amount (plus interest and perhaps incidental fees).  However, you may be able to "bid in" at any auction of property up to the judgment amount.  So, for example, if you have a $100 judgment and the debtor's golf clubs were being auctioned, you could bid up to $100 without having to pay any actual cash.  If you win the bid, the amount would just be deducted from your judgment.  This gives you an advantage at any auction (which are generally poorly attended and don't generally result in a sale at fair market value), and you may be able to get a bargain.... Read More

I don't know if there is any such thing as a "small claims lawyer"; small claims, by definition, are generally worth less than a lawyer would be paid.  Also, would you have a way of proving your case if you can't travel to the Court to testify?  Why don't you sue in California?  You may not be able to use small claims court for a dispute involving an out of town defendant, but if the firm was dealing with you in California and the suit arises out of those dealings, it seems likely that California would have jurisdiction over it - you can sue in the California court of general jurisdiction.... Read More

Assuming that there would otherwise be jurisdiction in Kansas (which there would if you now live in Kansas, unless the agreement provides that suit must be brought in some other forum), the fact that the contract was signed in Oklahoma in no way precludes suit being filed in Kansas.  Nor does the fact that the suit is in a Kansas Court mean that Oklahoma law will not apply, if that is the appropriate law.  Courts apply the law of diffferent states all the time.... Read More

Loans are generally freely transferrable, thus unless your loan agreement expressly states that the lender can't assign it, the lender can transfer it to whomever it wishes.  Similarly, when most people trade in a car on which they still owe payments, the dealership generally assumes responsibility for making payments on the existing loan (although the original borrower would remain on the hook to the lender if the dealership doesn't pay.)  Did the dealership agree to make payments on your existing loan?  If so, it has breached your contract by failing to do so.... Read More

Yes, but some contracts are required to be in writing, so you have to be careful not to fall in one of those categories.  Also, contracts generally require consideration (quid pro quo) to be valid.  For example, contracts which can't be performed within a year generally have to be in writing to be enforceable, which means that an agreement that you will, out of the goodness or your heart, share any lottery winnings you have in 2016 would have to be in writing to be enforceable and also would be invalid for lack of consideration, while an oral agreement to share any 2014 lottery winnings in exchange for the other party agreeing to clean your house once a week for the next 3 months, probably would be enforceable.... Read More