15 {{ upvoteCount | shortNum }}
15 {{ upvoteCount | shortNum }}

Customer not paying - need advice

by loginname
13 replies
Hey

I was hired buy a lawyer to do some programming work for a company. I have done 120 hours of programming, at $50 per hour. They said they woupd pay me in May 2014.

This lawyer have said to me he has stepped out of the company, be he is co-owner of a company having shares in the company not paying....

Since May I have tried to call the manager in the company 50 times, but he is not taking the phone. Tried to go to the business, but finding doors locked

In july I contacted an accouting company and have let them do all the work getting my money. They have called the manager. The manager said he couldn't send the money because work was not been complete yet. He said he has been sick. Also he said he was missing a document showing how much tax to widtdraw... Just silly reasons...

I could try to file for bankruptcy, but the fee for ding that is the same as this company owe me. Also this lawyer is working in this local court for bankruptcy cases, he would immediately claim my claim to be not valid...

My last hope is to write email to the lawyer saying he has a moral duty to pay.

Any advice would be great on how to get my money.
#advice #customer #paying
  • Profile picture of the author sbucciarel
    Banned
    I don't know where you're from, but if it is an option, just take him to court for payment.
    {{ DiscussionBoard.errors[9638424].message }}
    • Profile picture of the author Kay King
      When you don't have a country of residence listed - or sya where the buyer is locate...no one can advise you. Part of the post doesn't make sense (bankruptcy) but could be different where you live.

      This is a legal issue. If you have a contract you can try legal means to enforce it.
      Signature
      Saving one dog will not change the world - but the world changes forever for that one dog
      ***
      Dear April: I don't want any trouble from you.
      January was long, February was iffy, March was a freaking dumpster fire.
      So sit down, be quiet, and don't touch anything.
      {{ DiscussionBoard.errors[9638438].message }}
      • Profile picture of the author loginname
        My bad, I dont have a singed contract. I have emails where we agreed on the price...

        Lesson learned, but I want them to pay. Or else I would setup a negative campaign against them warning other companys to do business with them
        {{ DiscussionBoard.errors[9638476].message }}
  • Profile picture of the author johnben1444
    [DELETED]
    {{ DiscussionBoard.errors[9638455].message }}
  • Profile picture of the author cpaonfire
    Signed contract is not necessary, you only need to prove that an exchange took place. There is something called the UCC (Uniform Commerical Code) which all states use to guide inter/intra state commerce. Are you in the US or a territory thereof? You most certainly have what you need to take these folks to small claims, no question about it In the end you have nothing to lose, but if you are dealing with lawyers then you should go visit the municipal court and ask the process be explained, even written out for you. BTW you got that for free. I'd charge a client $300 for the same
    {{ DiscussionBoard.errors[9638520].message }}
    • Profile picture of the author loginname
      Originally Posted by cpaonfire View Post

      Signed contract is not necessary, you only need to prove that an exchange took place. There is something called the UCC (Uniform Commerical Code) which all states use to guide inter/intra state commerce. Are you in the US or a territory thereof? You most certainly have what you need to take these folks to small claims, no question about it In the end you have nothing to lose, but if you are dealing with lawyers then you should go visit the municipal court and ask the process be explained, even written out for you. BTW you got that for free. I'd charge a client $300 for the same
      I leave in Norway
      {{ DiscussionBoard.errors[9638543].message }}
  • Profile picture of the author Samuel Adams
    Make a formal complaint to their web hosting service (the company that hosts their online site at which you performed the service) and say you are filing a lien against the site until paid. The host might cave and shut them down. Follow up with a written letter and email to the person in charge at that site to let them know that you expect payment and will pursue the matter through any venue you have available including court.
    Signature

    Would you like to learn how I make $2000/month from a super easy listbuilding system?

    Click here to get my listbuilding report for FREE!

    {{ DiscussionBoard.errors[9638577].message }}
    • Profile picture of the author Kay King
      You need to research the laws in your country and in the country where the buyer is located....if it's a different country.

      Or else I would setup a negative campaign against them warning other companys to do business with them
      Not a good idea and unlikely to work. Could cause you legal problems if you go too far. Unless people know who you are - most don't want to hear complaint stories. Get the "agreement emails" together and print them out - and get some legal advice!
      Signature
      Saving one dog will not change the world - but the world changes forever for that one dog
      ***
      Dear April: I don't want any trouble from you.
      January was long, February was iffy, March was a freaking dumpster fire.
      So sit down, be quiet, and don't touch anything.
      {{ DiscussionBoard.errors[9638581].message }}
      • Profile picture of the author Phil Wilkinson
        Originally Posted by Kay King View Post

        You need to research the laws in your country and in the country where the buyer is located....if it's a different country.



        . Get the "agreement emails" together and print them out - and get some legal advice!

        I agree. I know that it is very frustrating, my friend, and you have my sympathy, but your BEST BET is to get good, solid legal advice about this matter.

        I know legal representation is not inexpensive, but it can result in the outcome you want.

        Going by what you read in here, or some online legal advice website is likely to only make things worse.

        A word to the wise: Learn from this experience, and from now on "Get it in writing" (a binding contract) BEFORE you do any work for anyone.

        This applies in all cases...even (or especially) if it's a relative or someone you think is your friend.

        Simply having the terms of the agreement in writing simplifies things, and makes it much less likely that someone will try to screw you out of your money.

        I truly hope you receive fair compensation for your work, in the end.

        Many of us have also been 'taken' by some unscrupulous person, or company.
        You must remember that the best 'rule of thumb' is C.Y.A.

        That means "cover your ass"....which means making sure right from the start that you are legally covered (getting a legal contract), so that this can never happen again.

        I don't envy you...going up against a law firm. That's the biggest reason that you must find a way to have legal representation in this matter.

        On your own....you will lose.

        The best thing you have going for you is those emails.

        Good luck, man. I mean that.
        Signature

        {{ DiscussionBoard.errors[9638741].message }}
  • Profile picture of the author XponentSYS
    Originally Posted by loginname View Post

    I could try to file for bankruptcy, but the fee for ding that is the same as this company owe me. Also this lawyer is working in this local court for bankruptcy cases, he would immediately claim my claim to be not valid...
    Why the hell would you file for BANKRUPTCY because a client doesn't pay you?
    Signature
    "Hybrid Method" Gets 120,846 TARGETED VISITORS
    To Any Site in ANY NICHE!
    NOW FREE IN THE WAR ROOM! CLICK HERE!
    {{ DiscussionBoard.errors[9638858].message }}
    • Profile picture of the author Phil Wilkinson
      Originally Posted by XponentSYS View Post

      Why the hell would you file for BANKRUPTCY because a client doesn't pay you?
      Ben, I think we're dealing with a language barrier issue here.

      I kind of doubt that what he means is the same as what we interpret when we see the word bankruptcy.

      I thought the same thing when I first read it, but given the whole context, it must mean something else to him.

      At least I hope so.

      The only alternative is that this has pushed him over the (financial) edge, because of the money he was counting on, but is not being paid.

      For his sake, let's hope that isn't the case.
      Signature

      {{ DiscussionBoard.errors[9638927].message }}
  • Profile picture of the author Jack Gordon
    You have received good advice in this thread. I used to own a collection agency, and would advise the same thing.

    Get all correspondence together that shows the terms of your agreement. Then take it to a lawyer, and get actual qualified legal advice for your jurisdiction.

    At least here in the US, this would be far more than you could prosecute in small claims court. You really need someone who knows what they are doing in your corner, and I doubt anyone here fits that definition.

    Good luck. Win or lose, learn from this.
    Signature
    Fifteen Lessons I have learned over 15 years and six businesses (or, My 1000th-Post Manifesto)
    {{ DiscussionBoard.errors[9638953].message }}
  • Profile picture of the author Entrecon
    Many questions here.

    What type of programming?
    Did you deliver anything and if so was the deliverable useable?
    You said no contract, but what was the agreement? Payment on completion?

    This may be a lesson learned to make sure you have some kind of contract and an agreement in place. I know I would not be doing $6000 in work without a deposit and some partial payments along the way.
    Signature

    Visit My website http://kipferguson.com

    {{ DiscussionBoard.errors[9638967].message }}
  • Profile picture of the author moneymagneto
    The guy scammed you dude. Next time
    Get 50% up front. Don't work for people
    You don't know unless they are from
    Referrals. I did work for one guy years ago
    He owed me $3000 I had to resort to
    Calling his office several times a week and
    Showing up to his office and making a big
    Scene until he paid me.
    {{ DiscussionBoard.errors[9638970].message }}

Trending Topics