About a year ago I made a deal with a person. My car had become inoperable and my auto insurance paid for some repairs. In order to make my car better, I agreed to complete a web design for a shop to cover any costs exceeding what the insurance paid. This person took all the money from the insurance, and at the end I was still short $1400 to get a few parts I wanted. I took out some money and paid the money in cash, I only received $400 worth of parts and the rest was kept by him. After disputing with him, he agreed he would pay the money back in installments. To make the story short, he still owes me around $900. When I did his website, I registered the name under my own name and at my expense. I let the website up for around a year even thought he owes me money and today I decided to shut it down. I do not have any invoice or "evidence" that he owes me that money (my mistake), but I would like to at least receive $500 or so because it's not fair he took advantage of me and for the cost of hosting/design and maintenance. This guy is a local guy and promotes his business online. I once threatened to write about my bad experience with him on certain forums he operates and on the website, but he then resumed to pay some of the money he owed me and I gave him a break. At first I did not mind leaving the website up because it would be a good thing to have in my portfolio, but now he hired a new developer to "finish" the website because I declined to continue updating it. This new developer made a new design and used a lot of the graphics I created for the original one (without permission). I currently own the domain and the server his website is hosted. I was insulted when I saw the design had been changed and they continued to use graphics I created... Now I can not use this website for my portfolio. What should I do in this situation? I have thought about shutting down the website and open it only if he paid me but now there is a new developer in the middle which his work would be lost because of this. What can I do to get this guy to pay me without rising any problems? I am young and very focused to my work and I do not enjoy these conflicts, but this particular event has caused me a lot of frustration. This person has also been recently charged with domestic violence and I also know he is armed, I would not like to make this a personal problem and put my life/health at risk.
You're screwed, if you do not have a contract you do not have options. From what you described I do not see a way to get your money. Always work with a contract.
Sounds like a lot of time has elapsed since the beginning of your ordeal. One option is to "write off" the bad accounts receivable because you cannot collect any money from him. Consider it a cost of doing business, then move on with your life and forget about him. Like c_programmer said you should look into simple legal documents that new customers can sign before you start working. For example, terms and conditions, statement of work, contracts, invoices, privacy policy, non-disclosure agreements, etc. Check with your local library or any of the free resources online like nolo.com. Good luck.
You just admitted to not having proof...so you already have the answer your looking for... shut down the site, and move on with your life before you get shot by a wife beater
Did he use the site in any advertising? Are his customers going to the site? If so, put it back online with info about what he did to you.
I adon't agree with Dub because you don't have any proof and if he will come to know the defaming you are causing, he can file a case against you with PROOF. Try to talk with him and settle things with little loss also.
Actually, you DO have proof: 1) the website you created, 2) the new web designer he hired to work on 'your' website, and 3) the fact he sent you refunds. Call your bank and get copies of those refund checks. He'll have to admit to some type of verbal contract if you subpoena the new web designer and provide copies of those checks. Even if you didn't have proof, verbal contracts ARE legally binding in the US. Realize that a large portion of small claims cases are decided based on whomever the judge feels is the most believable (think Judge Judy or People's Court). As for digging up new evidence, have you thought about: 1) attempting to get him to respond via email, 2) tape recording a telephone conversation (only 20% of states require consent from both parties) or 3) hide a tape recorder on yourself while visiting his shop? Another consideration is the fact this is a local transaction. Here's how I would handle it: 1) Attempt to secure more evidence (see suggestions above) 2) Fill out a complaint form with your Attorney General's Consumer Protection Agency (most AGs regulate mechanics) 3) Fill out a small claims complaint form 4) Track down his home address by going to your county's website and looking at the assessor's property records. Then send him a certified return receipt requested demand letter with copies of the above complaint forms. Inform him that you plan on filing these complaints unless he honors his verbal contract within the next 10 days. I recommend a home address for physiological reasons. It eliminates the mental separation that business transactions normally facilitate. It's also likely that his wife will be the one signing the certified letter and he'll have to explain to her exactly what he did. If he has a history of dishonest conduit, it's possible the Mrs will convince him to settle the matter amicably. At the very least it will get his attention and show him you're serious... all for only $6 in postage and a few hours of your time. Ultimately this breaks down to how much effort you're willing to invest.