disgruntled client makes threats

[threedogs]

My husband signed a short-term contract to work on a team developing software for a small corporation. Toward the end of the contract my husband was offered a full-time position with another company, which he accepted.

Contract expired August 30th, 2000.

September 1, 2000 husband went to speak to the CEO/President of the corporation (who signed the original contract) to tell him he needed to be phased off of the project. He also stated that he was yet to be paid for any of work performed and that client had 3 bills outstanding, one of which was now 4 weeks past due.

My husband agreed he would work through September 30, as a transitional period phasing him of of the project. In return for this, the client agreed to pay all three outstanding bills before 9/8/200. (this was a verbal agreement)

September 8th came and went...no payment. Monday 11th, no payment so my husband went to see the client at his office. He was not there so he wrote an email explaining that we had not received payment as promised, so he was off the project. (Basically he decided to cut his losses)

Tuesday 9/12/2000 husband received a nasty email from this client stating that he had not lived up to his verbal agreement, and that if ever asked for a reference he would strongly not recommend my husband, and that our invoices were sent to their A/P department.....to be paid in 60 days.

My question: Should we file a lien against this creep's company? How do we know he will pay in 60 days? I do not feel comfortable just sitting around for 60 days waiting. What if his company declares bankruptcy, or goes out of business? We are talking about over $10,000 in computer programming labor.

Any suggestions are greatly appreciated.

 

[JETX]

First, you cannot just go out and 'file a lien' against somebody or company. You need to go through legal process (suit and judgment) first. So, that is gone at this point.

My suggestions:
Keep ALL documents and correspondence. Have your husband go back and try to recreate and accurate diary of his work, his conversations (when, who, what). Then contact the business in writing (letter, email), and try to get them to admit to some of the allegations that you made (Agreement to work thru 9/30 for payment by 9/8, etc.). Keep a paper trail!!

Then, if you need to pursue litigation, you will be able to document your position.

Once all that is done, you need to make a decision. Do you wait for payment or do you pursue legal action now??? Figure that the 'bridges' are already burned for your husband there (since the employer has clearly said it), so don't let that affect your thinking.


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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[threedogs]

Thank you Halket for your advice.

I'm not eager to go to court over this matter. My concern is protecting ourselves should the check not arrive in 60 days as promised.

I think would rather wait 60 days then get involved in a legal mess...but is there any way we can protect ourselves in the interim? What if they file for bankruptcy or go out of business.

Years ago I worked for a construction contractor. Occasionally a sub-contractor file a lien against the jobsite property when their invoice was past-due. Is their some action similar to that which we can take?

Of course, if 60 days comes and goes with no payment, we will find ourselves a lawyer .

Thanks again.