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M

mattrs

Guest
State: Pennsylvania.

Okay. First off I just want to thank anyone for any advise you can give me.. this forum is a god send!

About a year ago I did a good amount of web work for a client who sought me out. He told me what he wanted, and I invoiced him at $1000 - He paid me $500 up front. After I finally finished the work (which included NUMEROUS changes on his part) he said he would pay me. I never received any check from him. It's been about 6 months since then.. I have been calling him up once a month and he will apologize profusely, say hes been having really serious trouble and tell me "PAYMENT WILL BE MADE BY _____ insert date here"

That date will pass, and he will send nothing. Yesterday I called up to find he has employed a secretary, and now I have a feeling I will never be able to get through to him again.

I unfortunately did not have him sign anything before I started working for him.. so I have no contract, just numerous emails with him agreeing to my terms.

Do I have a case?

And if so.. he lives in California, I am in PA. If I file a claim, do I have to file it in CA and then go all the way out there for the money he owes me? ... I hope not :(

Anyone who can help me?? Thanks so much for ANY HELP!!!

*desperate*

Matt
 


JETX

Senior Member
Q1) "I unfortunately did not have him sign anything before I started working for him.. so I have no contract, just numerous emails with him agreeing to my terms.

Do I have a case?"
A1) Of course you have a 'case'. But will you win it??? That can only be determined by reviewing the FULL facts and documents (emails) that you have. And if you are able to prove that you in fact had an agreement (contract) with the defendant, then you SHOULD prevail. However, if you can't prove that he owes you, you will lose.

Q2) "And if so.. he lives in California, I am in PA. If I file a claim, do I have to file it in CA and then go all the way out there for the money he owes me? ... I hope not"
A2) Ah, the great experience of interstate commerce!!!!
Here are the realities of this situation.... since you have no contract, you have no chance to have 'locked' the jurisdiction to your 'home court' (so to speak). And without that, you are at the mercy of the defendant. Your options:
a) File a lawsuit in your state and serve him in California. He can either file a motion to vacate due to jurisdiction, or file a motion for change of venue or not show up at the scheduled trial. If he files either of the motions, the court will very likely grant it/them and you lose. If he doesn't show up, you could get a default judgment.
b) You could travel to California and file there. Obviously, this would be expensive.
Finally, you will have to consider how you will enforce the judgment (if you were to win). Assuming that the debtors assets are all in California AND that you win!!! You could then 'domesticate' your PA judgment into California... then use the 'new' California judgment to enforce the judgment it there.
 
M

meisjedog

Guest
When I deisgn stuff like that I always leave a backdoor. Did you upload the page to his server? Do you know the ftp password??? If so, remove the site until he pays or remove half of it. He paid for half of the code, half of the code is what I would give him. He may have copied it by now, but you never know.
 

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