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kingzasz
Joined: Nov 24, 2003
# Posts: 4
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Posted: 04/12/2004 07:15 pm
I just finished a long project for a client, and he refuses to pay me. When I call he hangs up, and he doesn't respond to my emails. I thought it was a small project, so I never bothered with a contract, but it ended up being much larger than I expected. I requested invoices multiple times, but he kept replying that the check was in the mail, and made excuses when I didn't recieved it.
Is there any way to get the payment legally? I don't have a contract, but I have all the emails with all the payment details, invoices, agreements, etc. Will this hold up in court? Is small claims court the best option? Or do I not have a legal leg to stand on because I don't have a contract?
Thanks for your help, and have a great day.
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crash
Insider
Joined: Dec 02, 2003
# Posts: 10626
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Posted: 04/12/2004 09:29 pm
Do you have emails from him acknowledging and confirming the debt and his acceptance to pay?
emails are weak, but being able to prove you did the job with the clients knowledge is better than nothing.
realistically look at what you have and can prove then contact a lawyer - you may just need a well worded letter
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flyingrose
Moderator
Joined: Oct 30, 2003
# Posts: 3361
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Posted: 07/24/2004 01:07 pm
Oral contracts are enforceable and you have some evidence so legal action could work. As crash suggests, a letter from a lawyer indicating your intent to sue could prompt payment.
Although it won't help you with this particular client, in the future you may wish to consider being paid in advance. Because I work online and my clients can be anywhere, I require payment prior to starting any work.
New clients have the option of paying in whatever increments they feel comfortable with as long as I receive payment first. I have learned the hard way that doing the work, even in emergencies, will result in delays in payment and/or wasting my time attempting to collect.
I have found that the only potential clients that have an issue with paying in advance are those that had no intention of paying in the first place. Good clients, even new ones, have never made an issue of this requirement.
If anyone asks, the reason I charge in advance is to allow me to keep my rates low rather than charging more to cover those who don't pay, pay late or waste my time making me collect from them.
Most of my clients send payment via PayPal because they want immediate work. Others may wire or mail the money. If you have a merchant account they can pay with a credit card.
Life is so much more pleasant when you can focus on what you do and not on being a collection agent.
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