My client did not pay me - How can I make him ? Can I sue him ?

Discussion in 'Legal Issues' started by simplyjo, Jul 18, 2010.

  1. #1
    Hi,

    My client did not pay me. How can I make him. It's not a big amount but it's the matter of honestly and reliability which really makes me feel bad. Can I sue him ? What are the laws which protect me and where can I file an online complaint ?
    We are both from India.
    I have many contacts with lawyers etc.. but if anyone has faced this before and can help, it would be much appreciated.

    Thanks!
     
    simplyjo, Jul 18, 2010 IP
  2. c_programmer

    c_programmer Peon

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    #2
    Was there a contract? If not you may have a very hard time doing this.

    If you have contacts with lawyers, contact them since they will know the law better.
     
    c_programmer, Jul 18, 2010 IP
  3. Bruce McGivern

    Bruce McGivern Well-Known Member

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    #3
    If he didn't pay you, then yeah you could sue him. You've basically been had.
     
    Bruce McGivern, Jul 19, 2010 IP
  4. Le Dangles

    Le Dangles Member

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    #4
    If you can prove that there was some sort of agreement between you guys then you might have a fighting chance.

    Do you have any past records of you guys discussing the project that you did for him? (old e-mails or phone conversations)
    Do you have proof that you actually provided a good or service to him?

    If it's only a small amount it's probably not worth your time to sue. The legal costs will make it not worth it to get your money back if it's only a small sum.
     
    Le Dangles, Jul 19, 2010 IP
  5. simplyjo

    simplyjo Well-Known Member

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    #5
    Oops no contracts.
     
    simplyjo, Jul 20, 2010 IP
  6. simplyjo

    simplyjo Well-Known Member

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    #6
    I have email correspondence + chat transcripts for everything.
    Yes, proof of good service is also there on record.

     
    simplyjo, Jul 20, 2010 IP
  7. c_programmer

    c_programmer Peon

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    #7
    Emails are often useless and chat logs are always useless. Its just as bad as a verbal agreement, binding but rarely enforceable.
     
    c_programmer, Jul 20, 2010 IP
  8. pulsecontent

    pulsecontent Peon

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    #8
    You'd better check your facts before you blatantly post anything. A chatlog maybe passed off as a verbal agreement, but emails are electronic transcripts and are enough proof to prove in the court of law that a deal has taken place.
     
    pulsecontent, Jul 21, 2010 IP
  9. c_programmer

    c_programmer Peon

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    #9
    Both my criminal justice teacher (a former prosecutor) and business law teacher (a practicing real estate lawyer) said that to me. I'm not just going around saying random things.
     
    c_programmer, Jul 21, 2010 IP
  10. xanth

    xanth Active Member

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    #10
    Yes and no. I think what you're trying to say (and perhaps lost in type) is that you have enough to establish a contract... but that still doesn't mean you can make him pay. Unfortunately, that is what going to court is for...
     
    xanth, Jul 21, 2010 IP
  11. alex06291

    alex06291 Peon

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    #11
    First of all be polite and if then they didn't listen to you then sue them.
     
    alex06291, Jul 25, 2010 IP
  12. Leo Ghost

    Leo Ghost Well-Known Member

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    #12
    Firstly, none of us can give truly accurate advice unless we know what work you did for the client, and the price range. Depending on the type of work (design vs content) there are different types of laws that apply. The price can determine whether a law suit would be an option or if it just wouldn't be worth it.

    My baseline advice is never to pursue a lawsuit unless you really have to. The fees won't only be outrageous, but the time it takes before you would ever get any money from it often makes it a worthless idea. First, figure out what options you have (I would recommend searching Google for more region specific information opposed to asking on DP). Once you know what routes are available, make the logical choice. If the client is a business, you may be able to file something with a "better business bureau" or the like, it all just depends.

    Either way, I wish you luck in getting your money =)
     
    Leo Ghost, Jul 25, 2010 IP
  13. james_pitt

    james_pitt Peon

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    #13
    These are good pertinent documents. These should be on your property in order to sue him.
     
    james_pitt, Aug 3, 2010 IP
  14. dscurlock

    dscurlock Prominent Member

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    #14
    unless you want constant stress, make peace and move on with your life.

    Once you give your money back, it can be costly/difficult to get it back...
    (from those that maybe conned you)
     
    dscurlock, Aug 3, 2010 IP
  15. shennant

    shennant Peon

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    #15
    Like someone mentioned in an earlier post, always write up a contract before you do any business. Saves you the trouble of guessing who's right and who's wrong.
     
    shennant, Aug 13, 2010 IP
  16. efreed

    efreed Guest

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    #16
    Do you still have ftp access, or anything interesting like that? ^_^
     
    efreed, Aug 13, 2010 IP
  17. whitearrowseo

    whitearrowseo Peon

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    #17
    Does india have a small claims court or equivilant? If so you're best asking them
     
    whitearrowseo, Aug 13, 2010 IP
  18. urmick96

    urmick96 Active Member

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    #18
    yeah indeed,
    for sure if it's about a big amount of money
     
    urmick96, Aug 14, 2010 IP
  19. hulefar

    hulefar Peon

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    #19
    If no contract ? Dont bother unless its a serious ammount. If you have a contract, and the lawyer is cheaper than what the client owes you. Do it, its always a good feeling when kicking someone in the ass when they cheated someone :)
     
    hulefar, Aug 17, 2010 IP
  20. domainzone

    domainzone Peon

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    #20
    Customers try to scam businesses all the time, unfortunately that is a part of business. Do what you can but at the end of the day, just learn to accept payment upfront :)
     
    domainzone, Aug 17, 2010 IP