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I got served today

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chasinghappy

Junior Member
What is the name of your state (only U.S. law)? Ca, los angeles

I own a web design company and I got served papers from a client who wants to sue me.

She paid me $3,000 yet is suing me for $10,000, saying she missed out on the holiday shopping period because the website was late to be ready.

There were no formal contracts or anything signed and she paid via paypal.

The website itself is about 90% finished, the rest has been unfinished for months because she won't respond and tell me what needs to be done.

She has been rude, was calling me 15 times a day, and is unresponsive herself when I email her. To serve me the papers, she pretended she was a new client who wanted to pay me in person, spent the entire weekend emailing me about the site she supposedly needed. Then when I went to go meet her, I got served.

Is there a way that I can counter sue for emotional distress? What's the best course of action? Court date is set for 2 weeks from now. I don't want to give her ANYthing, especially with the way she was acting and the fact that the site is 90% finished.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Ca, los angeles

I own a web design company and I got served papers from a client who wants to sue me.

She paid me $3,000 yet is suing me for $10,000, saying she missed out on the holiday shopping period because the website was late to be ready.

There were no formal contracts or anything signed and she paid via paypal.

The website itself is about 90% finished, the rest has been unfinished for months because she won't respond and tell me what needs to be done.

She has been rude, was calling me 15 times a day, and is unresponsive herself when I email her. To serve me the papers, she pretended she was a new client who wanted to pay me in person, spent the entire weekend emailing me about the site she supposedly needed. Then when I went to go meet her, I got served.

Is there a way that I can counter sue for emotional distress? What's the best course of action? Court date is set for 2 weeks from now. I don't want to give her ANYthing, especially with the way she was acting and the fact that the site is 90% finished.
No, you can't countersue for emotional distress.

Take all of your evidence with you to court. Don't miss it.
 

quincy

Senior Member
You may want to consult with an attorney in your area, prior to the court hearing in two weeks.

Take all communications you have had with your client and see the attorney for a personal review of the website and all of the facts of your agreement with the client. This review can better help you determine how best to respond to the suit, and the attorney can tell you if there is a counter claim to pursue.
 

chasinghappy

Junior Member
Also, google "consequential damages".
I Googled consequential damages, I believe that is what she is suing me for. On the papers that were served to me, it says she is suing on account of missing out on the holiday season because the website wasn't ready in time.

Which makes sense because she is suing me for $10,000 when she only paid me $3,000.

She was hoping the website would be ready by October / November so that she could make sales in December. But anyone with a brain knows that a person can't just throw up a website around the holidays and expect sales to come flooding in... meaning, even if we had finished with the site by October / November, I doubt she would have had much traffic even, let alone sales, coming in in December.

Will this be a hard case for her to prove? I mean, how is she going to prove that she lost money on a brand new business venture?

And will the hearing be revolved around this point only or will they consider other factors as well? Because the website was in fact ready later than it was supposed to be.
 

tranquility

Senior Member
I Googled consequential damages, I believe that is what she is suing me for. On the papers that were served to me, it says she is suing on account of missing out on the holiday season because the website wasn't ready in time.
.
I know, that's why I had you Google it. Consequential damages are disfavored in contract. Unless the needs are truly spelled out (A "time is of the essence" throwaway clause is not going to be enough.), it is very hard to get such damages into the contemplation of the parties.


Will this be a hard case for her to prove? I mean, how is she going to prove that she lost money on a brand new business venture?

And will the hearing be revolved around this point only or will they consider other factors as well? Because the website was in fact ready later than it was supposed to be
That it is a new business, with no track record (and the other problems you mentioned), I don't see how she can prove her damages on a suit as small as this one.

Still, you're being sued. Prepare as best as you can.
 

chasinghappy

Junior Member
I know, that's why I had you Google it. Consequential damages are disfavored in contract. Unless the needs are truly spelled out (A "time is of the essence" throwaway clause is not going to be enough.), it is very hard to get such damages into the contemplation of the parties.


That it is a new business, with no track record (and the other problems you mentioned), I don't see how she can prove her damages on a suit as small as this one.

Still, you're being sued. Prepare as best as you can.
I am going to be out of town that day, is it easy to get an extension? And if yes, how far in advance can I get one? Preferably I'd want to do this in a few months, not in 2 weeks when the hearing is set for.
 

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