I want to sue a client of mine in small claims court. I signed a contract with him to provide copywriting services at $40 per hour for a project to be completed in one week. I signed a W-9 for tax purposes and worked with the client's Creative Director to gather information and then sent in drafts. The CD and I talked about revisions and I made them as requested. I have all e-mails stating the work was approved and that it was done on time. The client did not pay me any of the $1,300 owed to me. This happened at the end of January, but I gave him several chances to pay and even offered him an installment payment plan in case he had financial trouble. Apparently, he is just a scammer because he did not pay his Creative Director for hours worked to the tune of $6,000 and now the CD is suing him in small claims as well. What is the statute of limitations for filing a small claims case? This happened 6 months ago, but of course I didn't want to run to the court when his payment was a week late. I gave him several chances, which I documented for court purposes, and he still has not paid. I just need to know if I gave him too much time and am now too late to file a claim.
Googling it brought an answer of six years to file any kind of suit. Also, for legal advice, you con contact the National Writers Union, and they have a committee that does nothing but this. You may need to become a member to get your case taken (dues $135/year with many other benefits for freelancers), but that is far cheaper than the legal fees you will pay a conventional attorney, and, yes, you do need one if you are posing this question to a webmaster forum. Good luck!
1. It depends what jurisdiction you are in. (where you live) 2. In depends whether the contract was written or oral. In either case, it should be far longer than 6 months, so you should be free to file your claim.
Thanks! I was concerned about the jurisdictional issue since I am in a different state than the client. I found that I need to file in his state and then the day of the hearing, I will go down there for court. I've got the paperwork downloaded and halfway completed already, so it shouldn't take long to get sent out.
No, it was not stipulated. It's in the next state over so I'm not as worried as I would be if it were on the opposite coast. It's a pain to drive 2 hours, but worth it if I can get my $1,300.
When you go to court, have 3 copies of everything you want to show the Judge. 1 copy for you, 1 copy for the Judge, 1 copy for the defendant. You should write out what you want to say to the Judge in a couple short sentences so you can easily make your key points. Be a simple and clear as you can. Do not go into unnecessary details. If you need to answer follow-up questions, you can, but keep your initial presentation short and sweet. If you have one, wear a suit - being respectful of the Court is always a good idea. Good luck.
Thanks for the tip on the three copies. I had only made two - one for me to refer to and one for the court. When I wrote out my complaint, I used a bulleted timeline instead of a huge page of text to keep things concise. Basically it says he hired me on X date, the work was accepted on X date, payment was promised on X date, and he never paid. Of course I planned on dressing appropriately. I used to work near small claims court in another state and couldn't believe how people would show up in belly shirts and flip flops!
Excellent advice. Just make sure that any information that you are providing on the defendant's copy (though not really mandatory to provide) doesn't have personal information on it like bank numbers, social security numbers, or anything else that could make you a 'victim' of fraud later on (one never knows how retaliatory people may become). I've been to small claims a few times and prevailed. Yes, short direct answers without a lot of fluff is desirable. And listen. Listen to everything being said and respond appropriately. Judges hate when people are still trying to justify a previous answer to a question when a new question is posed. Providing you are well planned, your answers should be well executed. Plan and anticipate ahead of time. And another thing, relating to answering questions, my lawyer told me to not try and anticipate where a judge's questions would be leading. Answer them based on the facts that you have. And take your time when answering (not taking forever with a long pause, but give every question a moment). This will show you are cool, calm and collected and will prevent you from answering a question incorrectly. It's easy to get excited in court, but planning and going over the facts ahead of time should ease the adrenaline rush. Good luck!
I think the posts will be very helpful in preparing for court and while you are in court. Several things to keep in mind. First, small claims is very informal but that doesn't excuse poor manners, bickering, fighting and other outrageous behavior. Second, having both won and lost in SC court, I can say the amount of "evidence" you have could be the tipping point. In the case I won, I had the details elaborately laid out so the judge could just thumb through the file. In the one I lost, I just presumed the judge would see what I thought was blatantly obvious. Don't do that. Third, SC court sometimes gets postponed (for any number of reasons) and the parties don't receive notice. You live 2 hours away so it is wise if you call the court clerk to see if it is still on calendar. Fourth, never, ever get in an argument with the defendant no matter how outrageous their presentation. Fifth, SC courts generally don't permit either party to be represented by an attorney. However it wouldn't hurt to call the court clerk and see if that is true in the jurisdiction you will be entering. Sixth, be punctual and look like you've done this a million times before. Seventh, good luck. If I think of anything else, I will post it.