Nebraska Breach Of Contract Legal Questions

Theoretically yes.  A civil suit brought by one private person or entity against another is independent of a criminal action brought by the government.  However, breaching a contract would generally not be considered larceny (even if $1000 would be grand larceny) and the police may tell you that it si a purely civil matter.  It would probably be more fruitful for you to avail yourself of the collection procedures to collect on your judgment - levy on his assets, garnish his income, etc.... Read More

Statutes of limitations depend on what the claim is, and what jurisdiciton's law applies.  For example, the statute of limitations is diffrent depending on whether you are being sued for breach of contract or fraud, and different depending on whether Nebraska law or Oklahoma law applies.... Read More

From the little you've written, it sounds like you breached the contract.  However, that doesn't mean the seller will be awarded damages (they shouldn't get specific performance, since any harm they suffered can be fully redressed by money damages), which depends on whether the value of the property increased or decreased between the date the contract was signed and the date it was breached.  Obviously, if it increased, they lost nothing (other than perhaps some incidental expenses - attorneys' fees, interest on the money you should have paid them, etc.)  and presumably can sell the property for more money now, if they haven't already.  ... Read More

Yes.  Most contracts do not have to be in writing to be valid, and, from what you wrote, this agreement does not seem to fall within any category requiring that it be in writing (one caveat - if the parties did not intend to be bound by the contract until they had a signed writing, they would not be.)  Of course, a Court is more likely to believe that there was a contract if you had a signed document, but here you have the money you paid (for what, if not for photographic services) and emails, as well as your testimony.  More important, you probably don't need any contract to get your money back.  If you can prove that you gave this photographer money, and it was not a gift (I assume you have no connection to the photographer and no reason to give him money), you are entitled to have it returned, regardless of any contract for photographic services.  You may also be entitled to interest from the day you first asked for the money back.... Read More