> I am just trying to help point out here that just because you have a > contract doesn't mean that you are going to win.
One should never go to court seeking justice, as it is often who can outspend or outlast whom that wins the day. The David vs Goliath stories are rare, which is why they are the ones books and movies put forth for a pubic clamoring for vicarious justice in a world where there is no such thing as true justice. Also, anyone who says clipping support is illegal is wrong. It is not legislatively incorrect to do that. But in a civil lawsuit anything goes, and it is this tort aspect where one can get into a problem with clipping a client. The contractual obligations, responsibilities and penalties must be clear and generally at least reasonable when it comes to a cure. Otherwise, as has been pointed out, the contract will not matter one bit. And if you clip without contractual agreements spelling out the affected terms and conditions, you better bend over and get ready to take a 2 x 4 crosswise - especially if a business can show you have done irreparable harm in the process. And, no, your homeowner/personal liability insurance will not protect you, and it is doubtful your business liability will not protect you either. My 5 cents. "Gil is now getting off his soap box!" Gil > -----Original Message----- > From: profoxtech-boun...@leafe.com [mailto:profoxtech- > boun...@leafe.com] On Behalf Of Stephen Russell > Sent: Thursday, May 28, 2009 2:50 PM > To: profoxt...@leafe.com > Subject: Re: prediction: one of my clients is having serious money > issues > > On Thu, May 28, 2009 at 12:34 PM, MB Software Solutions General > Account <mbsoftwaresoluti...@mbsoftwaresolutions.com> wrote: > > Stephen Russell wrote: > >> Sounds great. Are you ready to get sued? > >> > >> Holding data hostage is far worse then stopping an application from > > working. > > > > > > It's not illegal if they knowingly sign the contract ahead of time > > acknowledging the blocking of access if money is owed over 60 days. > > > > It worked for me somewhat back in 2004...I got paid. I know everyone > > back then was clamouring "illegal!" but I had it spelled out in the > > disclaimers and contracts. > > > -------------------------------------------------- > > 60 days sounds like the starting point of an appropriate cut off > point. Maybe 90 is better from the Judges POV. Because when your > contract says X and the Judge says "That is not acceptable, I am > denying your .... " in reference to what you stated in the contract > and the customer/client signed. > > I saw a man go to court numerous times finding that his attorney was > to ruthless in the contract that was used was tossed time and again. > One of my old car lot customers. > > I am just trying to help point out here that just because you have a > contract doesn't mean that you are going to win. > -- > Stephen Russell > Sr. Production Systems Programmer > Web and Windows Development > Independent Contractor > Memphis TN > > 901.246-0159 > [excessive quoting removed by server] _______________________________________________ Post Messages to: ProFox@leafe.com Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech Searchable Archive: http://leafe.com/archives/search/profox This message: http://leafe.com/archives/byMID/profox/0e1501c9dfd0$c1fdff10$45f9fd...@rr.com ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
