On Wed, 21 Nov 2001, Medi Montaseri wrote: > > Hi....I know this is not the lawyers hang-out, but it is seasoned > contractor's hangout and as such I need some legal advice...May I? > > I did some work (about $25000 worth) for a customer and I'm having > problem collecting. > > One big problem is that I don't have a formal signed hardcopy contract > binding my customer to the work and cost. I however do have verbal, > email communications, FTP logs, Web Access logs, hardcopy business > projections, Witnesses and such showing that I'm not making this up. > > After months of promissing sweet equity, partnership, this and that, > finally customer has asked me to invoice them and charge interest for the > unpaid balance. At the same time customer is using the application > I wrote for them. I however have a feeling that they are simply buying > time and differing the problem. And they might even file chapter 11 as > their marketing projection was not so correct. But I did my part. > > What can I do? > > Should I see a lawyer, and put out yet some more money towards something > that could never materialize?
Well I'm from the UK, but I imagine most things apply. Firstly, I think you have enough to confirm a contract, assuming you have something stating that a contract will be forthcoming. However laws on this can vary greatly. Step one: Invoice. Now. If you haven't invoiced and you're arguing they haven't paid up yet, you have no leg to stand on. Step two: talk to these people! That's the most important thing to do. Maybe they weighlayed your invoice. Or don't have the money just yet but expect it soon. Step three: Once you've given them 90 days after date of invoice, get a solicitor (not a barrister) to draft a threatening letter. It'll cost you about $100. I'm afraid you'll have to give them another 30 days at this point. Step four: Get a lawyer. Sue. $25,000 is not to be sniffed at. -- <Matt/> /|| ** Founder and CTO ** ** http://axkit.com/ ** //|| ** AxKit.com Ltd ** ** XML Application Serving ** // || ** http://axkit.org ** ** XSLT, XPathScript, XSP ** // \\| // ** mod_perl news and resources: http://take23.org ** \\// //\\ // \\