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Re: [cobalt-users] suspending user with no contract
- Subject: Re: [cobalt-users] suspending user with no contract
- From: Jay Kraft <jkraft@xxxxxxxxxxxx>
- Date: Mon May 14 18:15:01 2001
- List-id: Mailing list for users to share thoughts on Cobalt products. <cobalt-users.list.cobalt.com>
Quantum meruit dictates that you must be paid for your work. The fact that
he did not sighn a contract yet paid a deposit binds him in most states and
effects an oral contract.
I would send him a final statement giving him 10 days to pay for your work
and if he does not pay, file suit in small claims court for your time and
you will win. The cost to you will be the cost of filing the complaint
which is usually around $200. IN the State of Florida, you do not even
need to serve him because the Clerk sends him a copy of the suit and
effects service.
Jay
At 11:24 PM 05/14/2001 -0400, you wrote:
>: I've been following this topic as I have a really nasty mess with a
>client.
>: He put a down payment for hosting, development, etc. and then has been
>: avoiding paying the rest or even communicating about it. I'm not only
>out
>: hosting fees, but actual cash for contracted Flash work and multiple
>domain
>: names registered for this guy. I went to pull up his contract and
>(Yikes!)
>: he returned it unsigned with his initial check.
>: I would appreciate any (helpful) thoughts.
>
>
>I am not a lawyer......Most people that pull this crap DO NOT have the
>$$$ in the first place let alone the $$$ to go to court.....I am not a
>lawyer....Send him a bill that states he is *X#of days late on payment*
>and needs to remit the enclosed amount to AVOID any disruption in
>service*.....I am not a lawyer....Then cut him off, let him make the
>next move, you can always blame your billing dept :) Also there are
>PLENTY of collection agencies that will charge up to half the amount as
>a fee AND are more vicious then piranhas....
>
>Dave~
>
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