Non Paying Client

[jnw1227]

What is the name of your state (only U.S. law)? Washington

I have client that hasn't paid the remainder of the balance on a project I worked on (a website). I had a clause in the contract that states this:

"
PAYMENTS
Payments must be made promptly based on the terms of this Web Site Design Project. THE DESIGNER reserves the right to remove any Design Project from viewing in any medium until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all solicitors fees and court costs) incurred by that process.

This agreement becomes effective only when signed by THE DESIGNER. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Los Angeles, CA, and any dispute will be litigated or arbitrated in Los Angeles, CA, and the Client hereby consents to the personal jurisdiction of the Los Angeles, CA County Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.

Final payment of the balance must be made within 30 days of agreed completion of this projecwill result in charges of 15% total contract cost per month being levied in late payment fees. "
​

This is a signed contract. Yet I moved from Los Angeles to Washington State. The Client is in Boston.

Can I still follow legal proceedings from Seattle, WA? or do I have to go to Los Angeles to file? The final payment is now over 120 past the 30 Day payment grace period.

Thanks

 

[LastBattleCry]

From my understanding it is based on the location the contract was made at. If in CA, then suit filed there. If NY, then filed there. If in cyberspace, you should have it in your contract where the court proceedings will be made should they be needed.

I recently sent a copy of something to an out of state law firm they requested. I sent an invoice for 4500.00 for the copy. If they fail to pay, it will be small claims court in my state as the request came to me at my address, and contract was therefore HERE.

If they contacted YOU for the website, and you are a sole proprietorship, while you were in CA, I would think CA is where the contract would be made. However, since the company is you, you may be able to file where you are at.

I AM NOT A LAWYER. All postings should be considered as for entertainment purposes and not advice. Do Your Own Due Diligence.

 

[thedoctorisin]

Can I still follow legal proceedings from Seattle, WA? or do I have to go to Los Angeles to file?

I can't see any reason at all why Washington State would have personal jurisdiction over the client. You will need to file in Los Angeles, as your contract specifies.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Washington

I have client that hasn't paid the remainder of the balance on a project I worked on (a website). I had a clause in the contract that states this:

"
PAYMENTS
Payments must be made promptly based on the terms of this Web Site Design Project. THE DESIGNER reserves the right to remove any Design Project from viewing in any medium until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all solicitors fees and court costs) incurred by that process.

This agreement becomes effective only when signed by THE DESIGNER. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Los Angeles, CA, and any dispute will be litigated or arbitrated in Los Angeles, CA, and the Client hereby consents to the personal jurisdiction of the Los Angeles, CA County Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.

Final payment of the balance must be made within 30 days of agreed completion of this projecwill result in charges of 15% total contract cost per month being levied in late payment fees. "
​

This is a signed contract. Yet I moved from Los Angeles to Washington State. The Client is in Boston.

Can I still follow legal proceedings from Seattle, WA? or do I have to go to Los Angeles to file? The final payment is now over 120 past the 30 Day payment grace period.

Thanks

**A: the jurisdiction pursuant to the contract is CA.