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Contractual Web Design - Payment not received

jamison

Platinum Member
I did some design and coding work for the owner of a company roughly three years ago. This person was a friend of my uncle and my uncle is also an original investor in the company. To make a long story short, they had known each other for numerous years and had many friends in common (you know how adults usually have their select group of friends).

This work included several designs (3 weeks worth, roughly 4 concepts), bringing content (images and text) from brochures and CD over to the web site, hours of instruction over the phone, and some flash work. The agreed upon price of this work was $1000.00. Since I was 16 at the time and this was a friend of my uncle, we agreed to the terms verbally. The owner sent the material (brochures etc.) and notes, which I still have, so I could begin work. After several weeks of working closely with the owner, the owner basically said she no longer wished to work with me; in other words, I got a big "never mind".

It turns out, the owner simply had an outdated computer, an AOL connection, and wasn't very good at expressing what style the site was supposed to take. I had to argue for several days over the phone and through email to get anything, since the owner was either trying to scam me for the brochure transition work and various design elements I had done, or the owner simply didn't have any proper business morals (the work was still done and our verbal contract never mentioned any sort of deadline or cancellation of payment dependant on work done).

I don't want to make this post too long; the owner ends up going with a local company to do the remainder of the work, stealing many of the images I put together and all of the text I manually typed in that originally came from the brochure (about 10 pages worth). I received $500 for the work with the promise of the remaining $500 to be paid shortly after (the owner claimed rough times for the company). During the course of the last few years, the owner has asked me to make various changes and additions to the web site (including some PHP code), and I did it out of good faith that the remaining $500 would be paid.

I gave the owner a deadline in a formal letter I sent roughly 3 weeks ago and that deadline has now passed; I stated I would do everything in my power to get the money rightfully owed to myself, including calling other investors in the company and any other officers of the company. I am simply seeking advice from the people on this forum (is small claims court a possibility?) before I call a lawyer for legal advice or start making the calls to the various company officials. Any replies are greatly appreciated.


Quick summary -

Verbal contract for web design work - $1000
Work done, $500 paid, remaining $500 promised
3 Years later, remaining $500 still unpaid
What can I do to get the $500?
 
Technically, you were 16, and you couldn't enter a contract anyways. Either way, most of the time verbal contracts aren't enforcable. You have no legal recourse other than to repeatidly ask nicely.
 
Small claims court would probably be your best bet. All these verbal agreements are not going to help your case though. Live and learn I guess.

If it were me $500 wouldn't be enough to cover the time and energy to bother with small claims court though.

Don't know if your being 16 would be a problem though.
 
Originally posted by: jamison
you know how adults usually have their select group of friends.

Unlike teenagers???
rolleye.gif
 
Either ask him flat out for the money in person or over the phone, have your uncle get it or just eat the cost. It's been 3 years, why did you drag your feet? Next time get something in writing, if you're under 18 you can have a parent or uncle sign it on your behalf.
 
Concerning the select group of friends comment - I meant the group had their parties, all of the same friends, knew each others kids, etc. A bit different than teenagers going to the mall and hanging out; I don't know, just a bit more formal relationship I guess.

My uncle is fully aware of the situation, and in combination with other various issues, they are no longer friends. He basically says that he can do nothing since he no longer has any leverage with the owner (except for his investor status, which he will not act upon for some reason).

I have asked 1-2 times per year since this all happend, I have not been dragging my feet, just trying to be patient, believing that the owner would be good to their word - obviously I was mistaken. And again, I know about the importance of written contracts (I learned the hard way, after this all happend, trust me), but this was all done when I was younger and I was led to believe that this friend of my uncle could be trusted.

I am just looking for some advice, I realize I made mistakes, but I would still like to claim money owed. I have the time and energy, but two states come between us - if you have any experience with small claims court, I would be willing to listen - I am searching on google meanwhile.
 
Small claims court couldn't hurt. Filing fee is nominal, and even if you lose I presume that your time at 19 is worth less than this guy's time at whatever age he's at. Perhaps the court will agree with you to and you can get your $500 plus that filing fee back. You could try complaining to the better business bureau as well.
 
you did additional work without getting paid?

You must really like getting hit in the seat...
 
Originally posted by: Skoorb
Small claims court couldn't hurt. Filing fee is nominal, and even if you lose I presume that your time at 19 is worth less than this guy's time at whatever age he's at. Perhaps the court will agree with you to and you can get your $500 plus that filing fee back. You could try complaining to the better business bureau as well.

If this 'businessman' is putting up this much of a fight over $500, I'm sure his time isn't work much anyways. His small-claims court will be rejected on the grounds of an unenforcable contract because it was both verbal, and he was a minor. However, I would still do it because it shows that you're not going to give up. Just you probably won't win.

The BBB wouldn't be of much use as, IIRC, it is primarily for consumers, and not contractors. Frankly I think the OP is at just as much fault as the business itself. While he doesn't deserve to be screwed, the fact that he let $500 drag on for three years without making it an issue makes him appear like a sucker to whoever was running that business.
 
RE: Mwilding

Yes, it may have been dumb, but it was work that took a total of 15 minutes (covering multiple requests) and I made it seem like it took longer to the owner to make it more convincing. It was simple HTML changes and the most simple PHP possible, selecting some radio buttons and displaying the values/answers on the next page to compare the number total to a chart.


RE: Elemental007

You are entitled to your own opinion, but other than asking repeatadly through email, on the phone, and now sending a formal letter - what else was I supposed to do? I have very strong business morals and I never leave a customer short of service, product, or appreciation; unlike the person mentioned in my original post.
 
How far are you willing to go? Do you think the owner feels you are still owed the money? It seems like you are at a disadvantage since you are two states away.

If you want to turn that disadvantage around, change the password to the site, then notify the owner you are going to be taking back your work if you are not paid within one week. Make sure the owner understands the site won't operate any more if you are forced to do that. If the week goes by, take your stuff off the site.

You still might not get paid, but at least you control the site and the owner isn't using your work any longer. And if there is a legal issue, it's now the owner's problem that you are two states away.
 
Originally posted by: kranky
How far are you willing to go? Do you think the owner feels you are still owed the money? It seems like you are at a disadvantage since you are two states away.

If you want to turn that disadvantage around, change the password to the site, then notify the owner you are going to be taking back your work if you are not paid within one week. Make sure the owner understands the site won't operate any more if you are forced to do that. If the week goes by, take your stuff off the site.

You still might not get paid, but at least you control the site and the owner isn't using your work any longer. And if there is a legal issue, it's now the owner's problem that you are two states away.

If he changes the password to the site, he could be charged with hacking and brought to court, especially if he asks for money otherwise the site will be destroyed (extortion) and since he's out of state, he could be breaking federal laws also.

By the way, I thought the contractual thing not being legal for 16 years olds was dependent on state laws. If it was a job though, I don't see how he can get out of paying if he was taken to small claims court. By saying that he's was only 16 therefore the guy did not have to honor his agreement, it's like saying Burger King doesn't have to pay any people they have working for them that's under 18 if they didn't want to because they don't have to honor the work agreement signed.
 
Just go online and reomve the work you did and did not get paid for. They don't own it; you do until you get your $ for building it.
 
I'd recommend against just removing the work you did--once again that could be construed as hacking across state lines. He did pay you partially, so technically, he does own part of what you did.

Also, I believe whether or not a verbal contract is legal is dependent on state law. Some lawyer or law student correct me if I'm wrong please.
 
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