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Originally Posted by Honus
That's true under certain circumstances and in certain states, but they might have a hard time making those arguments while simultaneously asserting rights under a written contract.
I am not aware of any way to compel them to produce the contract until suit has been filed, which really bites.
Consider stepping up your efforts to get them to show you the contract. You might want to start daily phoning, emailing, writing, and/or, if feasible, stopping by their office. Being a squeaky wheel often works.
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Thank you, and everyone for your feedback.
On the topic of being a squeaky wheel, while I didn’t find my contract, I did find a recent contract on the orginization's web site. The contract I found does note a need for 30 days’ notice for termination, which I did not provide. I did provide less than a day of notice, but it was in writing, by way of email. The email generated a response from the manger so there is proof she received it. Based on the contract i found on the web site, I may owe them. This is fine with me, providing, of course the contract I found has the same verbiage as the one I signed. It may but the manager has not not provided a signed copy of the contract.
However the contract on the web site states nothing about obligating ongoing costs for failure to pay the termination fee, which is what the “manager” stated. In that regard it is clear to me, a non-lawyer, that the manager was dishonest and her dishonesty could easily be understood as an attempt at coercion or fraud or something along those lines.
I’m thinking of writing a letter or having a local attorney write a letter to the chairperson of the board of directors of the organization and in the letter pointing out that the manager’s dishonesty paints the organization in a very bad light. Further, the organization is in a building owned by the City; in addition, the City actively supports, funds, and promotes the organization on the City’s web site. As such, the manager’s dishonesty may put both the organization and the City at potential of law suit.
My goal is to rattle some cages and perhaps have this dishonest manager removed. She should be taught a lesson about her dishonesty, IMO. There was absolutely no reason for her to have done this. I’m pretty sure it was a case of power corrupts on her part.
As an alternative, I could just pay and walk away. The amount owed is trivial.
What do you (all) think?