None paying clients, what to do ?

Discussion in 'Legal Issues' started by mcdeere02, Aug 4, 2009.

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  1. #1
    Hi all

    Recently finished a freelancing job for a local business, I took a small deposit before I started the job and outlined on my production and agreement plan that they would pay me the rest in full when the site goes live, nothing was signed just a printed document i gave to them which i also have a copy of.

    The site has know been live for nearly a month, no feedback and everytime I ring, just give me some excuses about can't get hold of the boss (the guys in charge).

    Just wondering what you guys suggest ?

    mcd
     
    mcdeere02, Aug 4, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Your only legal option would be to take them to small claims court. Without a signed agreement, it's going to be your word against theirs.
     
    mjewel, Aug 5, 2009 IP
  3. sarah_harvey

    sarah_harvey Active Member

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    #3
    OKay, for your time spent you could probably take them to small claims court. Worth it in the long run? No. Simply because you didn't take the time to run your business properly. In future ensure that you have all the valid contracts waiting to be signed and without a signature and some form of identification, just do not pursue the task. In the end it is better not to go down that route. By doing it properly you will start your services off the right way.
     
    sarah_harvey, Aug 5, 2009 IP
  4. davejug1

    davejug1 Banned

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    #4
    It would be handy if you still had their FTP details, then you could pretty much do anything you want to the site. Failing that I would either pay them a visit, or "create" some bad press about them. Internet marketers ave a lot of badly handled power. Use it.
     
    davejug1, Aug 5, 2009 IP
  5. xpirtdesign

    xpirtdesign Peon

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    #5
    go to small claims, use any emails or voicemail and anything else you have against them. the judge will make the decision based on his opinion if there is no solid evidence.

    next time, do a 50% down, 50% upon completion. Keep the files and never release them until payment has been made. Write up a contract so they have a weeks time to pay the final 50% otherwise a 10% charge will be added and the account gets forwarded (sold) to collections.

    This works great for me.
     
    xpirtdesign, Aug 5, 2009 IP
  6. mjmcgaughey

    mjmcgaughey Greenhorn

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    #6
    You might also see if you could file a lean against his business or his house/condo. That would at least impact his credit rating and restrain him from selling his property until the lean has been paid.
     
    mjmcgaughey, Aug 7, 2009 IP
  7. mjmcgaughey

    mjmcgaughey Greenhorn

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    #7
    If you communicated with this client via the internet and/or he paid via PayPal or a credit card, there are some other options you can consider to put some heat on him to pay. If he paid with a credit card or via PayPal file a complaint with them and dispute the transaction. They will investigate the dispute and possibly help resolve the problem.

    If you want to up the pressure, file a consumer fraud complaint with the FTC.

    You could also call you state Senator's office and ask them to help you resolve the problem.

    And if you really want to get his attention, file a complaint with the Internet Fraud Complaint Center (IC3), a key part of the FBI's new internet fraud initiative. Even if the $s are small, this type of fraud can be a priority for the FBI. Good luck getting paid.
     
    mjmcgaughey, Aug 7, 2009 IP
  8. UNBREAKABLE

    UNBREAKABLE Peon

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    #8
    A contract does not have to be a signed paper. You had a Verbal Contract and this will hold up in court. Sue them.
     
    UNBREAKABLE, Aug 7, 2009 IP
  9. theapparatus

    theapparatus Peon

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    #9
    theapparatus, Aug 7, 2009 IP
  10. browntwn

    browntwn Illustrious Member

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    #10
    What state does not honor an oral contract?
     
    browntwn, Aug 7, 2009 IP
  11. RonBrown

    RonBrown Well-Known Member

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    #11
    As said this will vary from state to state and country to country, but in the UK if you gave them this agreement (even if they didn't sign it) it was the last agreement in place before the work started and therefore the agreement that stands.

    If they haven't paid you they are in breach of contract.

    They can claim they didn't receive it, but if you can prove they did, or show that providing a production and agreement plan is something you do with all clients, then the preponderance of evidence would almost certainly be in your favour.
     
    RonBrown, Aug 8, 2009 IP
  12. wisdomtool

    wisdomtool Moderator Staff

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    #12
    All states will honor the contract, though for verbal, proof may be more difficult. But USA is governed by Common Laws, as long as the 3 exist, offer, acceptance and consideration, a contract exist.

     
    wisdomtool, Aug 9, 2009 IP
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