Forums: Discussions for entrepreneurs and small business.

Ok fellas,

I haven't posted in awhile, but I have something critical to ask, my fellow members that have gone through a similar situation, as me... Here is my story, about 1 month ago I designed and developed a web site for a Company [I don't want to say the name], well, I usually don't develop on a customer's server until the web site is paid in full and we've closed the account, Only then will I release all files, Images, PNG's and so forth to the customer....

Well, I had a completed copy of his web site on my development server... After the completion of his project, rather than paying me, he avoided me, and avoided me for days until I went to his place of business. Just to find out he wasn't going to pay because he said he didn't have the money to pay me....

What he did was he had one of his friends make a copy of the complete site that was on on my server, and uploaded it to his server without my permission... I called the hosting company and they told me they can't do nothing about it... because he upload it himself.... and it wasn't their problem.... So here is my problem...

I want to sue the customer, not because of the money, but because it's about time that I put someone in their place.... But here is what I read somewhere.... I am going to sue this customer as a corporation.... But it says that once I sue it goes to public records. Now does this means that my corporation will have a bad record on Public Records? or only the defendant? Please advise before I go after him...

I see this happening more often these days.... More and more businesses are using the Economy as their shield to get away with stuff.... Why?

A public record will usually be the court documents that were filed. Your suit (complaint) possibly their written response (if any) and the judgement/out come.

Depending upon the dollar amount of your claim this may be a small claims process.

If it is not small claims (it's over the dollar limit - in your State) then it may go to district court. However, I imagine if they have a problem with cash they may not opt for a court trial.

Of course if you have a contract that covers your services for this project the outcome may be fairly clear... your lawyer should be able to tell you before you do anything.

~Roland

Hi all,

In the court records you will be listed as the plaintiff (wronged party).  The person you are suing will be listed as the defendant.  One way to avoid court though is to put a binding arbitration clause in your service contracts.  It is cheaper than a court trail.  You also want to stipulate that arbitration will take place in and under the laws of your state.

Ok, it makes sense... So basically it's easier to rattle the customer's cage, and make them pay up... than going to court?

I have a copy of the signed contracts, that's not a problem... My problem is: I don't want that showing on my company's Public Records [You know how that shows on your credit report].

See this is what pisses me off.. because, I'm not going to ruin the company's reputation over a measily $400.00 bucks... I don't know if I should just take the loss, or go forward with this because he would be getting away with it.. and if he did it to me, most likely that's the way this person conducts business...

Not to mention he owns a limo company...

For $400... it's small claims process. Fairly simple, usually no lawyers involved.

You present your case to a judge they present theirs and the judge makes a ruling.

If you win - the next trick is getting the $400. Usually the rulling will say for them to pay by XX date... they may plead that they can not pay it all at once... so you might get $x per week or month.

~Roland

Roland, Just as there are thieves, muggers and murderous everywhere, there are alot of serious fraudsters and conmen on the internet and in business. I'm sorry that you were short changed by a client. I have no idea if you have any ability to disable the site. If not, then your only recourse is the law. I do not advocate jungle law althouh sometimes, I agree, there temptations to do just that. Also take heart in the fact that all you lost is time. You did not lose your brain. You can still rise to build thousands of websites for better mannered clients. And finally, and next time, be careful. Ensure that it's only you who has access to all the security information that is necessary to activate the website. Only then will you be sure that you will get paid.