Computer job payment

[mandy7181]

What is the name of your state? Georgia

My husband built a computer system for a woman last July(2002). She told him that she would pay him for his labor in two weeks. Something came up and she said that she couldnt pay him until her taxes came in. She told us that the IRS federal refund check was mailed out on the 14th of March. She is now saying that it hasnt come in yet and the IRS wont do anything until the 11th of April. We have contacted her several times about the money for the labor. My husband is to the point of repossessing the computer system as payment for labor. The computer parts were purchased by the customer under my husbands account at his supplier so the parts are in my husband's name. Does he have any legal recourse?

what knid of written contract did he have with the woman?

nothing written then ....oops he probably screwed.

Being in georgia...i would think if a man gives a computer to a woman with nothing in writing, ummmmmhoney he's having an affair.

[mandy7181]

actually the system is in his name which can be proven and there was a receipt given to her when the pc was built stating the amount that was to be paid for the labor. The computer system was not just given to her it was a sale with a bill for labor. As far as the "affair" comment, the woman is in her late fortys and to put it in my husbands words "I wouldnt screw her for a million dollars".

And the state of Georgia honors verbal contracts in a court of law so even if there was no written contract or receipt that wouldnt make a difference.

[divgradcurl]

It's not honoring a verbal contract that is the issue, its PROVING that there was a verbal contract and what is consisted of that is the issue. Yes, if both sides say, "we had a verbal agreement," and they agree to the terms, then the court will honor it, no problems. It's when one side says there is a verbal contract, and the other side denies it, that it starts to get tricky -- you can't just say there was a verbal contract, you have to provide some evidence of both the existance and the substance of the contract. That's why it's better to get things in writing.

I am mandy7181s husband the one who build the computer. There was a verbal and written agreement which what made, the recipts for all the parts are in my name not the clients, and she has even admitted this in corraspondance.

she has stated to do what I have to do, and that she will not pay me for the labor, and that if I want to bring the police into the ordeal to do so, I told her that if she didnt have the money by Aprill 11th I would be at her door with law emforcement to get the computer from her becuase of non-payment, to which she has said nothing had no response. And will no longer communicate with me on this matter.

[djohnson]

My advice under those circumstances would be to file in small claims court. If you have written documentation and correspondence from her then you stand a chance. I don't think you will be able to just show up over there with police and take her computer as it is still hers. You would have more legal worries at that point. Just go file in small claims court and take your proof.