Here is my story: Designer worked on a .PSD and flash of a web site for one of my clients. Worked with him for about 2 weeks. I don't think he put in too many hours on this but nevertheless my client liked what he saw. I told him he is finished so I sent him the money (Western Union) to Canada. Throughout the whole job he kept on calling me asking me if he was done and how much longer after, not to mention, promised deadlines that came and went. When he finally finished I sent him the money I have not heard from him, have no sources, nothing. I called him after I sent the money and he sounded very nice and told me he would email everything within that day. About 2 days later (today) and many phone calls I get an email with nothing in it but a subject of "files on the way." Obviously he is rejecting my phone calls. What should I do? My options as I see them: - Take legal action - this is a very big job for me and I need those files. - Continue calling him. - Take the screenshots he sent me (non-watermarked) and try to make a .PSD of it myself. - Report him to some of his local agencies. Look forward to your thoughts. PS- Call me an idiot if you will, I already know.
u should - Take legal action - this is a very big job for me and I need those files. - Report him to some of his local agencies. because obviously he wont bother answering the phone and 2, u paid for the work, u should not have to work on it.
This is probably my next step. I just don't understand it though. All it takes is for him to just .zip files and email. He could of done that instead of the "files on the way" email. What possible gain would there be for him to do this? Hmm.. perhaps there isn't a loss either.
Nope I saw that Flash he made. It was branded to the site name with its logo. Very unprofessional... lesson learned for me.
Keep trying to contact him. You never know. Perhaps he has personal issues, went out of town or took the cash and got wasted (yep, it happens). I'd wait at least 1-2 weeks before escalating. While saying "legal action" sounds all fun and grown up, the actual process takes more than just yelling out the words. It's going to cost you money for starters.
Depending on the amount involved it may make sense to file in small claims court. That's pretty easy to do on your own and the filing fees are usually like $200 max, often less depending on where you live. The court usually has some sort of legal aid that will assist you in drawing up a simple complaint. Nothing says, "FIX MY SH*T NOW" like have the sheriff show up on someone's doorstep to serve them papers.
Hi, if you can point me to the sample flash he did, I might be able to help you more. I could edit that flash for you or give you back the source file if I could recover the resources ... Anway, you wont lose a thing... P.S: I am doing this for free just to help you .
Unfortunately, all you'll get is a paper judgement. It's up to the winner to collect, not the court. Also, if the business was done under a LLC or INC, the loser could simply dissolve the company. The point here being that going to court against someone with no assets or the ability to evade payment isn't wise. And I'm not sure what going to small claims is going to do about someone in another country.
Well, i got scammed for $300 last week, i knew nothing about the person who requested for my work ... and yes, it sucks .. Well, now you have to think in the future... just call him again and again... for now, if you want, i can edit the template and make it into psd, no money involved, just a favour .. Shi* happens. If you want i can edit the template, without any charge.
Market junctions advice sounds very sensible. I don't disagree that the other person is not keeping up with his words, but he might be having some personal problems, which might be keeping him away from getting access to the net or something might have gone wrong. Keep a min escalation time and get it fixed. Easier this way, than just pushing it through legal course. ~G
It sucks, somehow we should be able to find a close to bulletproof way to be able to defend agains things like this .
Wow, thank you guys for your generously! The Flash doesn't need much editing and the .PSD I think I am probably make that into a .PSD myself. I would love to go to small claims but the problem is that he is in Canada (not far from the NY border). So fighting with him being in another country will be difficult. I was thinking just having my lawyer sending him a scary letter. I was also worried that calling him again and again would be harassment but from what I understand since he never told me not to call it is fine. Luckily he gave me his home number so I will try to call very early in the morning and very late at night. The designs are not even hard to make into a .PSD its really just the principle. I am so angry!
Ouch. I don't think a big job like that should be done without a contract in which full business info is given.
His job wasn't that big. I paid him about $250 but the design he was making for me was for a client of mine which is a big job. I decided not to do it with a contract because I would be paying him after all the work was completed. I never would of thought someone would withhold the sources. Plan B: Call every hour.
imho, looks like designer have personal problems, [which might be keeping him away from getting access to the net or something might have gone wrong.] of this can be scam too, but mostly scamer have another behaviour/ hope/ u'll find u desinger or get ur files soon
Good news! The "designer" finally sent the files. However the fonts for the sources is marked as "on the way." The sources where also "on the way" for days before today. He also tells me that he hasn't returned my numerous phone calls because he has been working. Funny how when he needed the money to pay bills as he told me he'd call me 1-3 times per day. The second I sent the money he was to busy "working." This guy is one big oxymoron and I stress the moron part. I wonder when I will get these fonts.
Make sure you're keeping good track of all of your correspondence with him in case you don't get these final items. It's always best to reserve some payment until you receive everything, just a little leverage.