21 {{ upvoteCount | shortNum }}
21 {{ upvoteCount | shortNum }}

Need Legal Advice

by ADukes81
16 replies
I had a client that I was designing a website for along with Google Places for a set-up cost of $900. He paid me $450 upfront. This dragged out for 5 weeks and I ended up going to his shop 8 times to work with him on the site.

This was back in August and he was fine with the site and told me on the phone to "come by tomorrow to pick up the $450". I came to the shop and he told me to come back on Friday (the next day). On Friday he told me Saturday, so I came by Saturday morning and he had a delivery being dropped off and told me to come back in in the afternoon. I did and then he told me he'd leave me a check on MOnday.

He never did.

I took the site down.

Now before you go telling me, "you're an idiot".

I have two words for you, "I know".

I got an email last week stating that he is going to take me to small claims court.

The website has been down since August and I don't think I owe him anything. Am I wrong?

Any advice is greatly appreciated.

No signed contract, just email.
#advice #legal
  • Profile picture of the author TheCG
    He sent you an email telling you he was going to take you to court?

    Why don't you just reply and ask him to pay the remainder of the bill and you will put it back up?
    Signature

    Yes, by the way, I AM in the Witness Protection Program. I could tell you who I am but then I would have to kill you.

    {{ DiscussionBoard.errors[5224984].message }}
  • Profile picture of the author iAmNameLess
    You're completely fine, just make sure you stay organized and document everything. People can pay off half their mortgage but still lose their home! He owes you another $450. Do you have the dates you went to his office? Document EVERYTHING, it will help if it does go to court.

    Now, I do think you handled it wrong. You already know that though. I would have recommended sending certified letter about the website going down within 10 days if payment is not made. You're not at all at fault here.
    Signature
    {{ DiscussionBoard.errors[5225445].message }}
  • Profile picture of the author lembone
    i think is his bluffing and he still owes you money for completed work so let him take you to court as a matter of fact, you will become the 'debt collector on this one because he neglected to pay the remainder of the balance due up on the completion of work. So i guess this is an 'eye opener for most of use to really get our offline clients an Agreement Form. You are running a Business also...
    Signature
    {{ DiscussionBoard.errors[5225472].message }}
    • Profile picture of the author iAmNameLess
      Originally Posted by lembone View Post

      So i guess this is an 'eye opener for most of use to really get our offline clients an Agreement Form. You are running a Business also...
      Yeah, but even if Adam had a contract, I don't think he is going to spend $200-300 just to file in small claims for $450. Even if he did, then you can have a judgement in your favor, but you need to enforce payments. I do agree with you about his bluffing. At least, I would hope he is bluffing, otherwise it would just be pure stupidity.
      Signature
      {{ DiscussionBoard.errors[5225549].message }}
      • Profile picture of the author ADukes81
        Originally Posted by iAmNameLess View Post

        Yeah, but even if Adam had a contract, I don't think he is going to spend $200-300 just to file in small claims for $450. Even if he did, then you can have a judgement in your favor, but you need to enforce payments. I do agree with you about his bluffing. At least, I would hope he is bluffing, otherwise it would just be pure stupidity.
        One of the many lessons I have learned this year;
        1. Sign an agreement
        2. Never do a website for less than $1,000

        I have a site I did for this guy, another business, but he sold it and the new owner is using it. The previous owner (the guy above) paid for the hosting till the end of the year. In 3 weeks that site is going to be taken down and if he wants to play hard ball, we can do that.

        Thank you for all the answers above, really do appreciate it.
        Signature
        {{ DiscussionBoard.errors[5227891].message }}
  • Profile picture of the author Fernando Veloso
    Originally Posted by ADukes81 View Post

    No signed contract, just email.
    You don't need legal advice: you need to learn a lesson. Live and learn. Similar stuff have happened to majority of us. That's why we repeat this over and over: get everything on print and signed. And I mean, everything - even the craziest things....
    Signature
    People make good money selling to the rich. But the rich got rich selling to the masses.
    {{ DiscussionBoard.errors[5227913].message }}
  • Profile picture of the author genetic
    Yep, you definately should have had something in writing, but that cuts both ways. He wouldn't be able to win a civil case against you
    {{ DiscussionBoard.errors[5228587].message }}
    • Profile picture of the author David Miller
      No doubt in my mind that there's no chance of this guy taking you to court....sounds like a typical **** but that's another story. Having an agreement about what your service is going to cost is paramount, but equally important is a condition under which your job is considered done. With defining what is means to have a "completed" website, can lead to endless revisions as a way of putting off payment.
      Signature
      The big lesson in life, baby, is never be scared of anyone or anything.
      -- FRANK SINATRA, quoted in The Way You Wear Your Hat
      {{ DiscussionBoard.errors[5229311].message }}
  • Profile picture of the author ryanmckinney
    Also, your title says "Need legal advice" .. talk to a lawyer. Then when you are done, sell him a website, some SEO, maybe a facebook fanpage.. etc!


    I am "bartering" with a divorce attorney right now lol

    My $1800 divorce just may be free.

    For legal advice, I would always talk to a legal person, although common sense would say "you are in the right", it boils down to the agreement really.

    As someone said document everything (my step mom is a paralegal and this is the thing I have heard from her most). I also think this guy is bluffing, he paid you for half a website. Since I am such a smart ass, I would leave half of it up, nothing that can be of any use.
    {{ DiscussionBoard.errors[5229757].message }}
    • Profile picture of the author David Miller
      Originally Posted by ryanmckinney View Post


      My $1800 divorce just may be free.
      Just think that you should clarify that statement.....perhaps the lawyer's fee will be free....a free divorce?!
      Signature
      The big lesson in life, baby, is never be scared of anyone or anything.
      -- FRANK SINATRA, quoted in The Way You Wear Your Hat
      {{ DiscussionBoard.errors[5229814].message }}
      • Profile picture of the author ryanmckinney
        Originally Posted by David Miller View Post

        Just think that you should clarify that statement.....perhaps the lawyer's fee will be free....a free divorce?!

        Lol, yes. To clear it up: we both are in agreement to divorce. The lawyer will do everything for $1800, we just show up once to court. That is it. Divorced.

        The ex and I are on same page, so it makes it "clean".

        Ryan
        {{ DiscussionBoard.errors[5232124].message }}
  • Profile picture of the author artemis360
    I'll tell you what happened to me.

    I got a call from a guy who owned a dance studio and told me his Joomla site got hacked. I told him I would fix it for $600. We shook on it and we gave each other our words. To make a long story short - weeks and months later I still never got paid. Then he told me that I asked for too much and he doesn't make that much from his dance studio. What did i do? I cut my losses short and never contacted the guy again. He knew that I thought he was a piece of crap.

    I still believe in giving your word and a hand shake. But in this case it worked against me. No contract = No money.

    I'm not bitter and I would still help others out but that guy lost more than my good services. His credibility and reputation are nil and zip to me and he just received some bad karma.

    Artemis
    Signature

    A r t e m i s
    ------------
    Webtopias.com
    Artemis360.com

    {{ DiscussionBoard.errors[5230474].message }}
    • Profile picture of the author StrategicCheetah
      Its you who should be taking him to court for non payment.
      Signature

      Precision beats power
      Timing beats speed

      {{ DiscussionBoard.errors[5230783].message }}
    • Profile picture of the author iAmNameLess
      Originally Posted by artemis360 View Post

      I'll tell you what happened to me.

      I got a call from a guy who owned a dance studio and told me his Joomla site got hacked. I told him I would fix it for $600. We shook on it and we gave each other our words. To make a long story short - weeks and months later I still never got paid. Then he told me that I asked for too much and he doesn't make that much from his dance studio. What did i do? I cut my losses short and never contacted the guy again. He knew that I thought he was a piece of crap.

      I still believe in giving your word and a hand shake. But in this case it worked against me. No contract = No money.

      I'm not bitter and I would still help others out but that guy lost more than my good services. His credibility and reputation are nil and zip to me and he just received some bad karma.

      Artemis
      I'll hack it for you if you want to give him another chance!

      Just kidding... well... partially.
      Signature
      {{ DiscussionBoard.errors[5231113].message }}
  • Profile picture of the author Voasi
    We have all our clients sign a contract. It's just too easy. I mean, in-person is a no-brainer. But we typically have people sign via EchoSign.com . Works out fantastic.

    In your contract/agreement, but a SOW (Statement of Work) that outlines timelines. This should just be a template you create once and use over and over again for different situations. My guys have SOWs for SEO, Design, PPC, etc... and they just fill in the holes.

    For Design, you always want to make sure there is an end in site. For instance, half now and other half will be given in 4 weeks or if client agrees to new site earlier.

    Lastly, collecting checks is all fine and dandy in person, but this is always the problem is when they try and play the "chase game". We don't take "hand" checks. In our agreement, they fill out their CC or Banking information and we create the checks ourselves so we don't have to worry or run into situations like this.
    Signature
    Want $6,000/mo. SEO Clients? Watch My Free Video!
    We do WSO Designs TOO!!! Best on WF! - Click Here
    {{ DiscussionBoard.errors[5231266].message }}
  • Profile picture of the author xichabodx
    Re-direct the site to his closest competitor and tell him you'll "fix" it when he pays the rest of the money he owes you.
    {{ DiscussionBoard.errors[5231393].message }}

Trending Topics