delete MOD

[MadPeriot]

Originally posted by: everman
I wouldn't take it down or anything like that. If you already sent them a letter threatening legal action, sue them. That's your best course of action imo.

I did write him and told him if he does not pay in full I am forced to take down his site and contact either small claims or collection agency. He replied back saying he'll get me an installment plan which he never did.

 

[KLin]

Originally posted by: MadPeriot

Originally posted by: everman
I wouldn't take it down or anything like that. If you already sent them a letter threatening legal action, sue them. That's your best course of action imo.

I did write him and told him if he does not pay in full I am forced to take down his site and contact either small claims or collection agency. He replied back saying he'll get me an installment plan which he never did.

He's just telling you what you want to hear so you'll never take action. Just take him to small claims court.

 

[AgaBoogaBoo]

How do you plan to avoid this in the future?

 

[edfcmc]

j

 

[mugs]

Originally posted by: Drakkon

From now on i deal primarily through rentacoder, so that way payment goes into escrow, yeah they take a chunk out but at least it means i know i will get my money.

Are you able to get decent money doing that? I looked at a site like that a while back, and it was overrun by Indians. I can't compete with their low cost of living.

 

Originally posted by: Drakkon

From now on i deal primarily through rentacoder, so that way payment goes into escrow, yeah they take a chunk out but at least it means i know i will get my money.

rentacoder is a good concept..but i'm never going near it again
i got screwed last february..i was doing some SEO work (which takes time because its a lot of trial and error)

he wouldn't let me even see his files, yet his site was dynamic
so i made the changes to the static files that i created (view source)

i sent him a list (HUGE) and about 20 different static files (showing the changes)
he never did anything with it...and after a month he set our project to arbitration and the rentacoder arbitrator sided with him because i didn't upload all of the files to rentacoder

he got the work and kept his 200 bucks

another month later, his site has all the changes that i sent to him.
i contacted rentacoder multiple times, but they have never replied

 

[Sphexi]

Send them a last notice demanding payment, and letting them know you intend to remove the site for their non-payment, as well as your intention of retaining a lawyer to help you deal with the matter. Don't threaten more than you can follow through on, just a hint will sometimes get the point across. Sounds like they can't afford a lawyer themselves, so I wouldn't worry about them suing you over the site being removed. As is, if they don't like that idea, they can simply pay you the money they owe you.

 

[Kelemvor]

If you did work for the company under contract, they pay you to design the site for them. Transfer of ownership of the site woudln't seem it would transfer to them until you are paid. Until then it should still be your property. However I'd call an attorney first and make sure but I'd definitely take it down if they are refusing to pay you for it and you still have access.

 

[kevinthenerd]

Originally posted by: MadPeriot
For 2 and a half months I've done some web design for a small company. I had a contract with them and everything. They really liked my work, but when it came to paying the guy defaults every notice of payment. Is it okay I take his website down since he didn't pay for it? Which is better small claim court or get the collection agency?

Change the content of the website to read "Under construction" and demand payment. Move the files OFF the server, not just to a different directory. Make sure he didn't make his own local copy. Find some way to get proof that you made it yourself if he decides to reupload it from his local copy.

Are you hosting, is he hosting, or is a third party hosting? Does he have upload access?

 

[kevinthenerd]

Originally posted by: OdiN
Do you have a contract? If not you're screwed. If so...the pages are copyrighted to you and you can do whatever you wish until you are paid to transfer copyright or permit use of copyrighted material.

If you have a contract and have the ability to take down the website - I would do so.

If you don't have a contract....I would probably still do it and then give the guy a phone call right then and say it will be offline until payment in full is received. If they want to make it a legal battle...you may have to put it back up for a bit but at least I would do it in the first place.

I WOULD NOT put something up like a "payment notice" or anything like that but just a generic under construction page that says there are some problems being worked on or whatever. If you post anything bad about them it could come back to haunt you.

Yeah, you don't want to defame. That's illegal, and it's more wrong than non-payment. The BBB isn't a bad idea, but the BBB is bullshít. Nobody checks with the BBB before doing business, so it doesn't work like it's supposed to.

I think you might want to put a simple "Under Construction" message on the site. You might even want to spend a couple of minutes making it look good with a little logo or something. (YOUR logo, not his.) You'll catch more flies with honey than you will with vinegar. If you píss him off too much, he'll find somebody to remake it for free, and he won't care about the quality.

 

[AdamSnow]

Originally posted by: sleuth bandit
I would have pulled the website after the second non payment notice.

 

[MadPeriot]

Originally posted by: kevinthenerd

Originally posted by: OdiN
Do you have a contract? If not you're screwed. If so...the pages are copyrighted to you and you can do whatever you wish until you are paid to transfer copyright or permit use of copyrighted material.

If you have a contract and have the ability to take down the website - I would do so.

If you don't have a contract....I would probably still do it and then give the guy a phone call right then and say it will be offline until payment in full is received. If they want to make it a legal battle...you may have to put it back up for a bit but at least I would do it in the first place.

I WOULD NOT put something up like a "payment notice" or anything like that but just a generic under construction page that says there are some problems being worked on or whatever. If you post anything bad about them it could come back to haunt you.

Yeah, you don't want to defame. That's illegal, and it's more wrong than non-payment. The BBB isn't a bad idea, but the BBB is bullshít. Nobody checks with the BBB before doing business, so it doesn't work like it's supposed to.

I think you might want to put a simple "Under Construction" message on the site. You might even want to spend a couple of minutes making it look good with a little logo or something. (YOUR logo, not his.) You'll catch more flies with honey than you will with vinegar. If you píss him off too much, he'll find somebody to remake it for free, and he won't care about the quality.

Thanks, I think that's what I'm going to do.

 

[MadPeriot]

Originally posted by: kevinthenerd

Originally posted by: MadPeriot
For 2 and a half months I've done some web design for a small company. I had a contract with them and everything. They really liked my work, but when it came to paying the guy defaults every notice of payment. Is it okay I take his website down since he didn't pay for it? Which is better small claim court or get the collection agency?

Change the content of the website to read "Under construction" and demand payment. Move the files OFF the server, not just to a different directory. Make sure he didn't make his own local copy. Find some way to get proof that you made it yourself if he decides to reupload it from his local copy.

Are you hosting, is he hosting, or is a third party hosting? Does he have upload access?

Its through a third party hosting that I recommend him going. He was a good guy to work with until the payments.

Anymore advice from taking down this person's website standpoint from the day crew?

 

[NiKeFiDO]

Originally posted by: JRock
create a new DNS record for their site and point it to a raunchy porn site.

ftw

 

[Rookie]

Originally posted by: sleuth bandit
I would have pulled the website after the second non payment notice.

QFT... it's your intellectual property. They didn't pay for it. Yank it.

 

[Ipno]

Here's what you do:

Find a really hot girl and explain to her the situation.

Convince her to get a job with the company (this should be easy for her because she's, you know, hot)

Wait for her to seduce the boss and when they're going at it hot and heavy, take pictures.

Threaten to send the pictures to his wife unless he pays up.

Bingo! Debts paid!

 

[wiredspider]

pull the site

 

[MikeyIs4Dcats]

send them a 1099 in the amount of the bill due. The IRS will contact them to collect taxes on the "revenue". Works like a charm, and they will likely contact you to work it out and get you to call off the dogs.

 

[MadPeriot]

Originally posted by: MikeyIs4Dcats
send them a 1099 in the amount of the bill due. The IRS will contact them to collect taxes on the "revenue". Works like a charm, and they will likely contact you to work it out and get you to call off the dogs.

Have you actually done that before?

 

[MikeyIs4Dcats]

Originally posted by: MadPeriot

Originally posted by: MikeyIs4Dcats
send them a 1099 in the amount of the bill due. The IRS will contact them to collect taxes on the "revenue". Works like a charm, and they will likely contact you to work it out and get you to call off the dogs.

Have you actually done that before?

I have not, but we have been told by several sources (lawyers and an accountant) that this is an effective way for a contractor to resolve payment issues with clients that don't pay their bills. The IRS would consider any work for which they did not pay to result in additional unclaimed income to the deadbeat.

 

[IHateMyJob2004]

Originally posted by: MadPeriot
For 2 and a half months I've done some web design for a small company. I had a contract with them and everything. They really liked my work, but when it came to paying the guy defaults every notice of payment. Is it okay I take his website down since he didn't pay for it? Which is better small claim court or get the collection agency?

SUE!

 

[IHateMyJob2004]

Originally posted by: MadPeriot

Originally posted by: Atomicus
claim for unpaid wages

I don't get it.

Yuo have a contract. You did the work. They are nto paying. It's a slam dunk, especially if you have a contract.

 

[Whoozyerdaddy]

Originally posted by: Ipno
Here's what you do:

Find a really hot girl and explain to her the situation.

Convince her to get a job with the company (this should be easy for her because she's, you know, hot)

Wait for her to seduce the boss and when they're going at it hot and heavy, take pictures.

Threaten to post the pictures on the website you built for him unless he pays up.

Bingo! Debts paid!

Fixed!

Seriously. Spend $150. Talk to a lawyer. Get his OK to pull the site. Pull the site. Never talk to the guy again. Lesson learned.

1. Deposit
2. Progress payment
3. Payment on acceptance of design
4. Payment prior to upload
5. Final payment upon satisfaction of client


Never EVER under any circumstances do any kind of contract work where you don't get paid till the end. The customer should finance their own project out of their own pocket.

 

[shilala]

In light of what you've already done, I'd take this action...
1.) Take the site down.
2.) Write to the deadbeat and let him know (very politely) that you've removed the website because of non-payment.
Let him know that the site will be replaced and ownership will change hands once you've been paid in full.
3.) Realize that you will never see a dime, but he's not getting something for nothing.
4.) Learn from this experience and get a percentage up front as the others have told you.

 

[DAGTA]

Take the site down and replace it with a simple text page that says, "Site removed due to overdue bill and/or non payment" or something like that. Once the company realizes what their customers are seeing, you'll get your money fast.