Client won't pay, I have a belonging in posession

[johnnyyukon]

Arkansas

So I did some web development for a client with predetermined terms. Most of the conditions and payment were verbal but most can also be tracked down through emails.

The client was happy with services rendered, but is now stalling on payment. It was initially supposed to be within 2 weeks, and is now going on 2 months. I've resent the invoice, and also a letter saying they have a week to pay. More stalling, more excuses.

Here's the main question, I have an item that belongs to the client that could be worth the amount I'm owed. It was never officially up for collateral, but is there any legal leverage there?

I would be more than happy to just sell this item and get the cash value from it, but I question the legality. What about repo guys, what makes that legal? And holding things for collateral?

Thanks!

 

[swalsh411]

What is the name of your State?

 

[Zigner]

Arkansas

I'm thinking it's Arkansas

What is the name of your State?

 

[swalsh411]

Sorry it's Friday.

OP - How did you come into possession of the client's property? Does the client know you have it? Have you offered to accept it as payment for what you are owed?

 

[johnnyyukon]

She left it over here.

Before the timeframe got out of control, I was cordial. She asked for it, and I said no prob, just as soon as you pay me.

When she kept stalling, I told her I could sell the item for her (a gun) and just take the profits.

That was about a month ago, I've been busy and recently gave her a verbal, but professional shellacking.

Actually that was today, and I told her she had a week. She said she'd send me a check tomorrow, we'll see if it gets here.

And that's for just one project I did. There's a whole other one I did like the day after that she's flat out refusing to pay.

I did exactly what she asked, and then she said it was taking too long ( a little over 1 hour, my estimate) and that she just wanted me to stop. I stopped, but hadn't totally gone through and made sure the changes hadn't affected the rest of the website. They had. I would have fixed the problems, but she said to stop. My estimate was 1 hour and for me to fix the rest of it would have been another hour or less. But an estimate is an estimate, and it was all on email, and it wasn't a task/project flat rate, it was hourly billed.

So then she gets all pissy and demands I fix it. And basically I say no prob, but i'll have to charge you another hour. And she said "forget it I'm going to take your money and have someone else fix it."

This happens a lot in the web industry, estimates go over and under, but I've NEVER had a client just not pay me, or demand I work 2 hours for 1 hour's pay. If she'd billed it as a task, different story. Hours don't even come into play.

Obviously I'm not going to court over such trivial numbers, just curious about legality.

I may just sell the gun anyway.

Sorry if this is too long, it's late, I'll try to stick to the facts.

 

[racer72]

Unless your contract states the item is collatoral for the debt, you have no legal right to sell the item.

 

[johnnyyukon]

That's kind of what I thought. Thank you!

 

[johnnyyukon]

Not sure if this matters, but I do have a text of her saying to "go ahead and sell the gun," in lieu of payment. I forgot about this.