Need Recourse. I'm getting fucked by a client.

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Enigmabomb

Enigmabomb

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Feb 26, 2007
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Than Franthithco
My roomate, who is an industrious and lucrative business person introduced me to his business partner. They wanted a website done, pimptastically. I delivered them just this. Custom flash videos, integration with their existing stuff, SEO integration, etc etc. They also wanted custom Vinyl Stickers for their aircraft and cars. I spent 200 dollars on this special Chameleon vinyl. Not to mention the custom artwork and logo they wanted done, etc. They paid me $1000 upfront.

A couple weeks ago, I notice that it's been a couple days since hearing from them. I needed direction on what to write somewhere, and they weren't to be found. I leave messages. I send emails, nothing.

Two more weeks go by (One was christmas and New years, so I was lax), and I send the "You have 48 hours to contact me..." email.

I left a message today telling them I've pulled the plug on their hosting (because they changed all their passwords a few days I sent the you have 48 hours message) until I hear from them. Magically, I get a text message:
"Josh, We've decided to go a different direction with the website"
They owe me 1100 dollars. The site was done. Here's what I've done:

1) Sent an invoice for 1100. I gave them 7 days to remit.
2) Send a text message indicating I sent an invoice.
3) Left a message for this dude saying: Sorry you decided to go another direction. If you could give me a call back, we can talk about the remaining balance you owe me.

I have some emails exchanged indicating how much they'd be paying me and them instructing me on work, etc. But that's it. I didn't expect people I know to fuck me.

Then today, I notice they put up a new site, using my flash, and pictures. On the bottom, I see this:

Design downloaded from Free Templates - your source for free web templates

What do I do if they don't pay me? I'm getting the feeling this may be ugly.

Josh
 


This sounds so familar I want to ask where you live and who the people are ... :)

Never the less, invoice them, hint legal action, give them 30 days and then start after them with stronger legal threats. #1 rule of business, don't do it with friends. Hope it works out... :\
 
If they have not paid you for the flash\pictures then DCMA their website for using your content :D
Or if you want to get really nasty then copyright said flash\pictures then sue them for using them asking for a $K or two per image.
 
Always charge up front and don't do the work until it's paid. I learned my lesson the hard way. When I first started taking design clients, I had a few that took advantage of me and ran off without paying after the work was already coded and delivered.

Chalk it up as a loss and always request payment up front. You'll lose some customers because not everyone wants to pay upfront, but most people will be more than happy to pay in advance if you have a good rep and have good references.

If someone is determined NOT to pay you, you're not going to get paid. Don't lose sleep over it. Learn from it, adjust your policies, and press forward.
 
read the book "winning through intimidation" by robert ringer.. he tells how he got fucked in the beginning of his career as real estate agent.. and from then on he always have a lawyer in every deal and a signed agreement. if you want the fucking ebooks, i can send the d/l link.
 
My roomate pretends as if he doesn't know anything, as if he never ever talks to the other guy. It's a good thing I'm moving out (he has yet to know this). I know for a FACT that he would never let someone pull this shit on him.

Wicked - PM me the link.

I think that if they don't pay up by the end of my remittance period I'll give them 7 more days and tell them Ill take legal action, then Ill file for small claims court. If they get nasty, I'll DMCA their shit. As it is, I got network solutions to refund the hosting I paid, which means their hosting is going down in 24-48 hrs, and they have no idea.

I really wasn't even upset they backed out on the deal until I saw they were using MY stuff in their new shitty website. Their buying 300-400k airplanes left and right. A month ago, it was "Cost is no object". How the tune has changed.
 
1) Write an article about how they dicked you over, detailing the whole process including the flash animations and graphics.

2) Register theircompanynamesucks.com and post it there

3) Submit to digg and paste the link on WF

4) Hope it gains traction and it gives them a ton of negative press. Encourage people to send them emails suggesting they pay you. It may just work and become so annoying that they pay you

5) Or... maybe they'll ask you to take it down. They have no legal right to make you take it down. But... if they want to purchase the site you'd be happy to sell it for...hmmm... $1,100 or so? Actually bump it up... I believe $2,200 is the price of "theircompanynamesucks.com"

This all is, of course, a last resort. But a pretty damn good one if you ask me.
 
get yourself a shotgun, go round there, place the barrel end firmly under his chin and say "can I have the money you owe me please"

works every time! :P
 
Unfortunately it's all to easy to scam someone in this industry. I've had it happen many a times. See if you can talk some sense into him and cut losses best as possible. Obviously I wouldn't live with the guy anymore no matter the outcome.

As mentioned previously a lawsuit might be an acceptable option for ya. Under 5k = small claims.

Best of luck
 
I agree with this, this will probably cost them lots of money to fix, I would register not just their businessSucks.com, but specifically the names of the people that you dealt with and put the same story on all three sites. Then post it here and ask everybody to link to them, and I'm sure they'll pay up pretty quickly.....


trigatch4 said:
1) Write an article about how they dicked you over, detailing the whole process including the flash animations and graphics.

2) Register theircompanynamesucks.com and post it there

3) Submit to digg and paste the link on WF

4) Hope it gains traction and it gives them a ton of negative press. Encourage people to send them emails suggesting they pay you. It may just work and become so annoying that they pay you

5) Or... maybe they'll ask you to take it down. They have no legal right to make you take it down. But... if they want to purchase the site you'd be happy to sell it for...hmmm... $1,100 or so? Actually bump it up... I believe $2,200 is the price of "theircompanynamesucks.com"

This all is, of course, a last resort. But a pretty damn good one if you ask me.
Click to expand...
 
Send invoice and letter on lawyers letterhead so you're "on the record". If no response, chalk it up to learning experience and move on. You can more than make up for the loss by working on new projects instead of pursuing deadbeats.

NEVER do business with family or friends. NO exceptions. Unfortunately, that's one rule just about everyone has to learn the hard way. I did and it sucks at the time, but life goes on.
 
Back when I did a decent amount of freelance work I got fucked like this several time. In fact my ass is just now recovering.

Ask for the money upfront. If you are not comfortable with that develop a contract. I can not stress that enough. Line out the terms in the contract (1/3 down, 1/3 mid project, 1/3 after completion or whatever). This will encourage them to take you more seriously and it will also make it easier for you to get your money if they decide to cut and run on you.

Short of some threatening letters/phone calls, and small claims court (which half the time they still won't pay), you might just have to take the loss and learn from your mistake.

If you need a sample contract, let me know, I have found a couple that have been useful to me doing freelance.

Good luck and cheers.
 
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