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Web Designer wanting to sue in small claims

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mrsdubya

Junior Member
What is the name of your state (only U.S. law)? IL

Happy New Year! I am a web designer in IL. I have a contract with a client for web design services for the total amount of $1600. I normally charge 50% of total project fee upfront before any work begins. The client was leery about paying 50% upfront so she requested the following payment terms:

First payment: 20%, or $320, upfront
Second payment: 30%, or $480, for mockup
Third payment: 50%. or $800, at completion

The client paid the $320, approved the proposal, and signed the contract, thus work began. We set a deadline for mockup submission to be on December 20, 2012. On December 18, 2012 I emailed her the completed mockups for her review. She requested updates which were completed and she approved on December 26, 2012 and asked that I begin coding the website.

Per the contract payment terms, she was to submit the second payment of $480 once she received and approved the mockups and before coding on the site was to begin. The client then refused to make the payment stating "I can’t pay for a site at 50% completion without having something online. That means I would essentially have paid $800 for pictures. That is not going to work."

Client already new what a mockup was (a visual representation of her website in .jpeg or .png form) as this was outlined in the proposal that she approved. I also explained the definition of a mockup in various telephone conversations prior to beginning.

Not only is she refusing to pay the $480 for the mockups, she requested a charge back from her credit card (she paid through PayPal) and there is a hold on my account for the upfront fee that she paid.

I don't know what to do at this point. Should I sue her for the total project amount of $1600 plus court costs in small claims court?

I have email proof of her approving the mockups and the proposal, as well as a signed contract detailing the payment terms, is this enough info to win my case? Would I need anything else?

Thank you for your time!
 
Last edited:


eerelations

Senior Member
If this client won't pay you of her own volition, then your only legal resourse is small claims court. If you sue in sc court you might get the money. If you don't sue, you won't get the money. Your choice.
 

mrsdubya

Junior Member
Thanks eerelations for your response.

What amount should I sue for? The entire $1600 + court costs, or just the $800 of work that was performed?
 

Techmom77

Junior Member
Disgusted by clients

Just came upon your post and just had to comment. I know how you feel! Cheated and disrespected! My husband and I own a web design firm and we are currently fighting with 3 clients just to get paid. Seriously?! And these are businesses. We will probably have to take them to small claims court as well. And YES SUE THEM! Don't let her get away with it. Luckily my husband has a knack for legal matters - he just knows the system. It's really cheap to file a small claims suit - I think like $25. And with the contract you outlined and had her sign, there is NO WAY a judge won't see it in YOUR favor. Ask for everything you can get. Can't hurt. You are in the right, she is not and it is obvious she swindled you. Even with contracts - we professionals still get screwed. I wish you the very best of luck. Try not to let this get you down. I take it WAAAAYYYY too personally - I don't have the hearless mind for business. So we've decided not to work for anyone anymore. We will be changing our focus on building our own websites and monetizing them. Screw clients!! It's not worth it. :mad:
 

Zigner

Senior Member, Non-Attorney
Just came upon your post and just had to comment. I know how you feel! Cheated and disrespected! My husband and I own a web design firm and we are currently fighting with 3 clients just to get paid. Seriously?! And these are businesses. We will probably have to take them to small claims court as well. And YES SUE THEM! Don't let her get away with it. Luckily my husband has a knack for legal matters - he just knows the system. It's really cheap to file a small claims suit - I think like $25. And with the contract you outlined and had her sign, there is NO WAY a judge won't see it in YOUR favor. Ask for everything you can get. Can't hurt. You are in the right, she is not and it is obvious she swindled you. Even with contracts - we professionals still get screwed. I wish you the very best of luck. Try not to let this get you down. I take it WAAAAYYYY too personally - I don't have the hearless mind for business. So we've decided not to work for anyone anymore. We will be changing our focus on building our own websites and monetizing them. Screw clients!! It's not worth it. :mad:
Did you have some advice for the OP, or are you here just to offer up your rant?

As an aside, with an attitude like that, it's no wonder your clients don't like working with you!
 

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