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pamahs · Nov 15, 2005, 05:12 PM

Has anyone taken a client to small claims court? I have a client who is refusing to pay me for the design services I completed and delivered. Thankfully I have the original contract with his official OK. I've given him 6 months to come up with $800.00. Any advice?

turtle777 · Nov 15, 2005, 05:16 PM

Uhm, question, do you know Mr. Google ?
There is good information out there.

What's your specific question ?

-t

pamahs · Nov 15, 2005, 06:29 PM

Yes, I found all the information I need. I guess I just need to know if it's worth going to small claims court for $800. The client approved my estimate, I did the work and delivered it, and now he's asking to re-negotiate the contract because he feels like $800 is too much.

I want to stand my ground and try to collect, but my friend says that it's not worth the headache to try and get the money from him.

Is it OK to post this "bad" client's name to warn others? Or is that a legal "no-no" that could get me in trouble.

Thanks for your advice.

JoshuaZ · Nov 15, 2005, 06:37 PM

The question is `how valuable is your time`? Sure, you`d probably win, but how much time and effort are you going to have to put in?

pamahs · Nov 15, 2005, 06:53 PM

Thanks. That's all I need to hear. It's not just about the money or my time, it's the principle of it all. If I don't take him to court then he, and others like him, will keep thinking that they can get away with craping on designers—or people in general.

Kevin · Nov 15, 2005, 06:57 PM

Where I work, we have customers like that. I am glad my paycheck doesn't depend on them. :/

Spliffdaddy · Nov 15, 2005, 07:03 PM

Yes.

Take him to small claims court.

It doesn't take more than a couple hours of your time - once your case in on the docket - which can take a month in most places. Your case will be heard and judgement will be rendered in about 10 minutes.

pamahs · Nov 15, 2005, 07:08 PM

Well, I truly believe in Karma . . . so even if I don't get my money, he's definitely gonna get his. Actually, he's NOT getting his because word on the street is he lost a $50,000 short film deal. The writer and producer realized that he's not as skilled as he claims to be.

The universe really does take care of itself . . .

Kevin · Nov 15, 2005, 07:09 PM

Yeah he is HOPING you wont bother. I am sure it's not the first time he has done it.

Just more examples of people not taking responsibilities for their actions.

BlueSky · 08:26 PM

Originally Posted by pamahs

Has anyone taken a client to small claims court? I have a client who is refusing to pay me for the design services I completed and delivered. Thankfully I have the original contract with his official OK. I've given him 6 months to come up with $800.00. Any advice?

SIX months? You're ruthless!

But do go ahead with the claim. He'll be more likely to make a habit of it if he doesn't get his ass whipped.

FireWire · Nov 15, 2005, 08:56 PM

Hi. I never went to court for the exact same reason but I'm somewhat familiar with the process (except that I live in Québec, so a few things may be different, but the principles remain the same).

First, as you are the plaintiff, you have the Burden of the proof®. You have to prove that you did the work as promised and he didn't pay. You have his signature and everything is under contract so this part is done. You have a case.

Next, for the work itself: did the client end up with the final product or do you still have everything? If he simply refused it, it may be a little harder to settle, but I am not familiar with this part..

As for the question if you should actually sue or not, it depends on the fee involved and the amount of time you can spend. Here in Québec, it costs about 140$ to intent an action, the defendent have to pay the same fee to plead not guilty, and the losing party have to pay all the fees. Most people want to avoid going to court, so the best option for now would be to make it really serious that you are going to court.

Search around the web for some templates about legal documents. Make your communications look official, almost that they seem to be sent by a lawyer, but don't pretend it is. It is also recommended that you send your letters registered, especially the "threat of lawsuit". Generally, a grace period of two weeks to one month is acceptable.

However, if he choses to go in court and you win, you still have to be paid... And if he's pissed he can make it hard for you to get it, and you may be forced to hire a recovery agency, at you own expense.

For now, try to get legal advice for cheap: many law firm offer you half an hour for next to nothing, and many law school offer cheap or free consultation with students.

Good luck!

Dark Helmet · Nov 16, 2005, 02:12 PM

I did. I won because he didn't show up. Still didn't get my money though.

cjrivera · Nov 16, 2005, 02:24 PM

Originally Posted by Dark Helmet

I did. I won because he didn't show up. Still didn't get my money though.

You beat me to it.

Just because you win in court, doesn't mean you GET the money. Just means the court has ordered the person to pay, doesn't mean they automatically do. The person does not hand you a check in court that he owes you.

pamahs, I don't know how much business you do and how many non-payers you have, but if it is significant, I would look into getting involved with a credit bureau. It involves a monthly fee, but if they don't pay you and you turn them in, it goes on their credit history and makes it very difficult for them to get credit cards, house loans, etc. The caveat is that a good credit history has to mean something to them. Like another thread in the Lounge noted, there are a lot of people who never use credit, get loans, borrow money from banks, etc., and this would not have the same impact on them. However if this person is looking to buy a new house or car on credit in the near future, having a blemished credit history could make things difficult for them, and they tend to pay you off as soon as they realize they have to or else do without the house/car loan.

Good luck.

isao bered · Nov 16, 2005, 03:12 PM

assuming he owns property (house, land, etc.):

if you are confident in winning definitely go to court - but expect to be out-of-pocket on those expenses as well. if he doesn't pay put judgement liens against him whereever you know or suspect he owns property. it may not pay out immediately, but it will certainly create a headache for him if he ever wants to sell his property...

be well.

laeth

pamahs · Nov 16, 2005, 05:59 PM

Thank you, everyone! This is my first experience like this so I am very grateful that you all took time out of your day to share your experience, give some advice, and wish me well.