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How can you take legal action if work isn't completed?

by Samuel Adams
3 replies
When working with a writer or freelancer online who has promised or signed a contract to complete work (maybe with partial or full payment ahead of time), what legal remedies do you have when that work is not completed?
#action #completed #legal #work
  • Profile picture of the author OutOfThisWord
    If both of you are in the states, before you can file suit, you must make a formal demand, usually by certified mail but sometimes an email will suffice.

    And said demand must be made within a certain time frame.

    After that, it costs you little to file a suit in small claims court and if you are not incorporated you can do so yourself.

    Once the deadbeat is served, they usually settle.

    However, before you file, determine if the deadbeat has money. If not, your judgement will do little to help you collect.

    Full disclosure - I am not a lawyer nor am I providing legal advice.

    However, I am reporting on my personal experience as I've been forced to take this action several times during my career and I've filed in state court and once in Federal court when the deadbeat tried to file bankruptcy after transferring his assets into his wife's name. Both cases were settled in my favor.
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  • Profile picture of the author Steve The Copywriter
    In my illustrious career in the wonderful world of copywriting there have been a couple of times when clients took the copy and ran.

    I wouldn't have minded that much but they used my epic masterpieces and made a mint.

    Snarling lawyers offered to track the deviants down and get a judge to shake the money out of them.

    To me it wasn't worth it, takes too long, costs a packet, and from what I hear it's rare to get true justice.

    If someone intends to rip you off they'll usually try.

    It's best to go with your own instincts, and do some due diligence (google the names and see if there is a trail of unhappiness and litigation ) and avoid the crooks before you start any work for them.


    Steve


    P.S. In the copywriting game it's always safer to get your money upfront.

    And in the "client who hires a copywriter" game it's always safer to pay 1/2 in advance with the solemn vow that you will pay the balance when it's completed (and the work is good).
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  • Profile picture of the author laurencewins
    As a writer myself, I always get 100% paid upfront. If they don;t want to do that, then I don't do the job.

    I have occasionally done 50% upfront and 50% on completion if it's a high amount and I know the client.
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    Cheers, Laurence.
    Writer/Editor/Proofreader.

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