I think the biggest factor is the fact that he paid you the second $300. By doing that he is making a gesture that he's satisfied with the work. Everything else doesnt matter.
Not true. The "gesture" would be that he's fulfilling his end of the contract--and will now rely on the court to remedy the situation. As to lawyers, if you are being sued in small claims court (sounds like it), you can't have a lawyer represent you. That's your job. As to the judge laughing at him for his contract, that won't happen. The judge doesn't expect people to understand the law and write great contracts. He/she will look at what exactly was agreed upon, if it was legal and what the outcome was.
Have them with you the day of the hearing. Be ready to present them to support your side of the story or rebutt the other guys. You may not use any of them. But if you need one the Judge isn't going to wait while you run home to get it. Having an organized stack of papers or folders with you also presents a positive business like image.
i don't even think you need a lawyer... for $300 or $600, this case will probably get into some small claims court or something like that. in these courts, the judges are used to dealing with cases like this and would be able to pick up the bits of information you would be able to provide yourself. it would be interesting to know the outcome - do keep us posted. if what you described is true, i'd go to court if i were you.
Thanks for the advice and everything guys. He doesn't live in the same city, lives about 30 miles from me, but yes it's close. I will take all emails and documents like was said. The tabbing the documents is a good idea and I will def. use that.
Has he actually took you to court? It sounds like you have got over excited about an empty threat from a doofus who'se father beat any brain cells he had out of him early on in life. Pete
Yes, he is being taken to court and I'm sure that if I were in his place I'd be a little freaked out too.
Yea, doofus pretty well sums up this guy. Not really scared, but being a broke college student, the only thing he is going to get is my license suspended. I can't pay him $600 if he wins, especially when it's a load of shit. I'm not going to not eat because this asshole wants to fuck me over for not driving to oklahoma to meet his boyfriend.
all you have to say is during the first week of being a partner you fired yourself - It clearly states in the IRS regulations that an owner cannot work for a company unless he is an employee and recieves a salary - also if that is the case ask to see his Fed tax id number ( EIN) and also where he placed you on the workmans compensation roles. Also you have a claim with the state labor board for hours worked... it is illegal not to receive atleast minimum wage from a company even if is your own - Also if you dont claim your an employee and he says you were not an employee - then he by law must have a copy of your 1099 on file to show you are paying your taxes as an independant contractor. Cant have both worlds - contact the state labor board and he will be screwed - they will lock his doors and seize his assets its called tax evasion when you pay people without a 1099 on file and is required in all cases when paid as an independent contractor
Notwithstanding the excellent advice already contained in this thread, the minute you saw the phrase I've highlighted you should have ran the other direction ... either that or bent over on the spot for the shafting you were about to get. xx% of net profits typically means you get nothing, since profit is what is made after deducting all costs incurred. These costs always 'magically' seem to amount to the same as, or slightly more than, monies earned, therefore no profit is ever made.
Age 30 and in the military? So what and big deal. It doesn't mean anything in court. Relax, you're not screwed. The Judge is not going to take his side because he's a soldier and older than you. It means you have to act upon your marching orders and have the changes done within 7 days of receiving them and for doing that you'll receive X% amount of net profits. I would have told this guy to pound sand upon reading this. This is completely unreasonable and one sided. Did he have a lawyer draw this up? Looks like he fudged it and wrote it himself. No, he's fucked because he doesn't know how to write a contract and should have had a lawyer write it up in legal terms. That would have cost him more than he could afford probably. Any competent Judge will see that he could have assigned you a task that would be impossible to complete in 7 days and you would have been screwed. Yep. You did work for him. He paid the agreed $300 up front and the $300 when you finished. So any work you did up to that point belongs to him. The other work is up to the Judge. Since you have been served you need to go and fight this or the Judge will default the case to the Plaintif. So make sure you go and explain your side of the story as best as you can. That's the best you can do.
Small claims can only decide that you have to pay him or that you don't have to pay. They can't order your license suspended, or take any other action except for ordering you to pay
No he told me he wouldn't sue me for not getting something done within the time alloted in the contract, thats why i did it just to entertain the tard who thought he was going to amke millions off of an unoriginal idea He is suing me for that $600 he paid me . The non0-refundable deposit and the last $300 he paid me
so if he wins for $600, what will they do if I cant pay him? I will pay him if he wins $300 and agrees to take down the site, but my ass doesnt work for free and I gotta eat, he isnt getting shit if he wants to use any of the logos or anything that i made. Not trying to be a dick but if I pay him i dont eat. so what would happen if i didnt pay? jail?
I realised I probably came off as a bad person for saying that I would not pay him if a judge took his side, but the fact is everything was going fine until I left the partnership and told him i wouldnt drive 3 hours somewhere, meet with someone for 1-2 hours, and then drive back 3 hours for $50..., and honestly, I gotta eat. I mean I'm in oklahoma right now doing an install at a hospital and will make 450 for the last three days work, but I've only earned about 760 this month and I don't know if I will have any more work for the rest of the month. I only try to earn 800 a month so I can have gas to go to school, eat, and support my smoking. any other money I earn goes to savings for school, to cover medical expenses, or for spending money. no insurance, no rent, no car payment. I could save this money and pay him, or try to find more work for this month, but my jeep needs a new top (theres no soft top on it now and its about to get cold in texas) so if I could earn another $300 this month, it would have to go to that. and the money I have now is going into my savings account for food, and to partially cover any medical expenses that might arise (im uninsured right now, all I do is freelance web design and very ocassionally install biomedical equipment). Sorry for the soap box, I just didn't want you guys to think I did in-fact rip him off or am a bad person for saying that I can't pay him, but I really honestly can't pay him if he does win. I live dollar to dollar, which doesn't mean I blow money or can save money, I'm freakin 19 years old.. lol