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#1
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Client not paying for design and using work !I am a graphic designer in Houston, TX. I recently completed a multimedia project for a client (instructional DVD - shot and edited, design of DVD Cover, Label, Banner for website,...etc). She began making a few payments...but since the last version of the DVD she received (90% complete - just some tweaking needed) she has stopped sending payments and has avoided calls. The last disc I gave her was so she could show her "investors" to get testimonials,etc. It appears she is using this disc & selling in online...as well as using all of the marketing materials I created for her. She has a balance due of $500. I know this is not a huge dollar amount that would justify hiring a lawyer at $300/hr.... but I am checking out all my options. I want her to Cease & Desist using my materials for her commercial gain - this is my priority. I would also like to get her to pay her remaining balance due. (I have all email correspondence with payments she made what is due that I sent to her periodically) She is jumping through hoops and playing games to avoid the situation. I recently sent her a C&D letter myself via Certified Mail - she refused this letter. A few days after that, she emails me with details of how she should not owe me more money and how she is (all of a sudden) not happy with the work. She even suggests we should go to small claims court so the judge can hear our case. She knows I tried to send her an official notice and is trying to cover her butt, somehow. I am looking for resources on dealing with this on my own. I can not afford legal fees - but I also want to do the right thing. It is not right that she is using my materials without making a final payment. What recourse do I have? What steps should I now take? Is Small Claims Court the only option for me? I know the only way I can get a court order demanding her to Cease and Desist is via the Civil Court... Can I represent myself? Sorry for the long story... but I just need some help!! thanksWhat is the name of your state (only U.S. law)? |
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#2
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| Take her to small claims court. I hope you haven't opened the cease and desist letter you sent her. You can use it as evidence. Bring proof that she's using material she hasn't paid for.
__________________ No matter where I go, there I am! I don't answer private messages unless you're Hugh Jackman or Alex O'Loughlin. |
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