QUESTION

I hired a promoter to promote my plays. He did not promote the entirely. He claims he did eblasts and informed a thousand persons by emails and phones

Asked on Apr 09th, 2012 on Entertainment Law - New York
More details to this question:
What can I do? He did not give me receipts. He claimed that some of my castmembers left in the middle of the rehearsals and claimed he did his job. All I wanted him to do is the promote my play. I paid him in advance. I contact the police and was advised to go to small claim court. Small claims court wants a legal contral. I went to BBB and State Attorney, and they are reviewing my case through emails from him and me. They seem to believe this promoter. The promoter said that he eblasts his members. He has a thousand members or so. In fact I am a member. I talked to a couple members of the promoters group and they said they didn''t know about my play. They never received any emails. What the promoter did, sent me an blast about my play and claimed that he send eblasts out Also the promoter referred me to someone who is associated with Fox 5 television and he also took my money claiming he will do a commercial for me. . All I have are cancelled checks and receipts. Please help
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1 ANSWER

You can enforce an oral agreement which is a legal contract for small claims court purposes.Clearly the two of you disagree on the terms, which is why you have a dispute. Even if you can't prove the terms of an agreement, you paid him money and you are saying that you didn't get the value you paid for. Either way, you have to prove that what he did wasn't what you paid for which means that you have to prove that the promoter did not meet the terms of your agreement with him. How you prove what those terms were depends on what evidence you have. A written agreement with clearly stated performance requirements would have given you a much better shot at succeeding in a lawsuit against him. Good luck.
Answered on May 13th, 2012 at 9:20 AM

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