how can i collect on an unpaid invoice

[kdumas]

What is the name of your state? California

I was hired to design a web site for a hotel in Palm Springs in January 2003. I designed the site (approximately 10 pages). I did everything they asked me to do. They were happy with it. Once I sent them the bill, I have not heard from them. I sent them a friendly reminder a month after it was due. Still no response. Now it has been over 3 months since the due date on the invoice. I called them 3 times. Never received a response back. I sent a letter last week. See below:

No response.

Now, what can I do? The bill is for approx. $600 so hiring a lawyer would not be worth it. Is this a small claims issue?

I have never required my customers to fill out a contract. Does that mean that no one really has to pay me for the work I've done just because I haven't made them sign a contract? I do plan on making my customers sign contracts from now on but I'm also afraid that will scare some potential clients away.

You can see the site I designed for them at http://palmsprings-hotelcalifornia.com . It's on my server and I'm still paying for the space. I also paid for their domain name. So, it's not just my time they've wasted but they have also cost me money.

Please help me if you can. Thanks in advance!!!

Dear Sherry,

I’m very surprised I have not received payment for the job that you hired me to do over 3 months ago. I sent a second reminder invoice in February indicating that the invoice had been due on 1/31. I have tried calling you three times over the past few weeks but was told that you were on vacation and then never received a phone call back the third time.

Your site has been up and running for 3 months now. It is on my server. I’m paying for this. I paid for your new domain which you asked me to secure for you. I’ve been submitting it to the free submit engines at no cost to you. Please remember that you told me not to sign you up for any of the pay per click through programs for this domain so I can’t be responsible for low search engine listings.

Please call me as soon as possible. If I don’t receive payment within the next 2 weeks, I’m afraid that I will need to take further action to recover the amount of the invoice. I must tell you that I feel very taken advantage of and am very surprised about all of this. I feel that I went out of my way to help you in your situation and felt that we had a good working relationship. I worked many hours over a 2 week period on your site. In the 4 years that I’ve had my business, I’ve never had a customer not pay their bill. I am very embarrassed to even have to write this letter and find it to be a very uncomfortable situation. I look forward to hearing from you soon.

Sincerely,



Kim Dumas
Dumas Web Design
www.dumaswebdesign.com

 

[I AM ALWAYS LIABLE]

My response:

You said - -

"It's on my server and I'm still paying for the space."

So, shut it down!

IAAL

 

[kdumas]

it will be shut down on monday

Hi there,

It will be shut down on Monday. They received the letter giving them 2 weeks to pay and if I don't receive something on Monday, that is the 2 weeks. I want to be sure I follow through on everything on my end. I don't think they even care about whether it gets shut down though because the site is listed so low on the engines that no one can find it anyway. That was also their decision not to do any search engine positioning with this site.

Kim

 

[I AM ALWAYS LIABLE]

Re: it will be shut down on monday

Hi there,

It will be shut down on Monday. They received the letter giving them 2 weeks to pay and if I don't receive something on Monday, that is the 2 weeks. I want to be sure I follow through on everything on my end. I don't think they even care about whether it gets shut down though because the site is listed so low on the engines that no one can find it anyway. That was also their decision not to do any search engine positioning with this site.

Kim

My response:

Okay. Now, file your Small Claims court complaint in the Palm Springs court.

IAAL

 

[kdumas]

jurisdiction problem?

Okay, I can do that. But will there be a problem with jurisdiction? I just read on another site:

Cons of Small Claims Court

Your client must be in the same jurisdiction you are.

We're in the same state but I doubt we're in the same jurisdiction. We're about 250 miles apart.

 

[I AM ALWAYS LIABLE]

My response:

As long as you file in the hotel's jurisdiction, you'll be fine. The only problem is that you've got some long driving ahead of you.

PALM SPRINGS
Civil/Small Claims (760)778-2170

When you call the Clerk of the court, ask the clerk to mail you all the necessary forms. Then, mail them back with your filing fee, and then the clerk will mail you your "conformed copies" with the trial date.

Make sure you hire an "Attorney Service" to have the complaint served on the proper party; e.g., the "agent for service of process" of the hotel.

Then, appear on your court date.

You would do well by buying a book on Small Claims Court at your local Barnes & Noble. You'll get good information about procedures and doing the necessary to help you win your trial.

Additionally, next time, have a written contract ready. As one of the clauses, make sure that you have a "Forum Clause", choosing the court and county closest to you as being the "agreed" jurisdiction when there's a breach of your contract.

Good luck.

IAAL

 

[kdumas]

Thank You

Thank you very much for your help. I really appreciate it. I'm glad there's a forum like this available for people who need some direction.

 

[I AM ALWAYS LIABLE]

Re: Thank You

Thank you very much for your help. I really appreciate it. I'm glad there's a forum like this available for people who need some direction.

My response:

You're welcome. Let me know how your action is progressing.

IAAL

 

[kdumas]

Good news

My persistance paid off. Exactly 2 weeks after I sent the certified letter warning them that I would take action if I was not paid, I got a call from one of the owners. He apologized and paid right away and said that he was having a lot of personal and financial problems and that was the reason there was no communication or payment.

He had never even seen the site I designed. When he looked at it, he praised it and said he really wants me to continue to help them and I will be paid and there will be communication.


Thought I'd let you know.

Thanks!

 

[I AM ALWAYS LIABLE]

My response:

Excellent! Thank you for writing back.

Now, get yourself a service contract and protect yourself! Go to the University of San Diego law library and have the librarian point you to the "form" books, and make a good contract "for the next time" this happens to you.

IAAL

 

[kdumas]

contract

Will do. Thank you for all your help. I've already been researching some contracts.