Ok, more questions.
I have a client, the contract
started in Dec. 2010.
The contract was for a web site design:
template / home page / buttons / category graphics / slide show
we completed all of this, $2000
Custom hourly updates: 5 hour retainer was paid, $175
Custom hourly updates over retainer: 40 hours, $1400 NOT PAID, client refuses to pay, wants more work done, doesn't want to pay.
MCommerce Set up, Free with design package, not done, this is the last step in any design project but the client refuses to pay for the out of scope stuff so I didn't move forward on this to incur more cost on my part
SEO optimization - $500 paid, not done for same reason as above
Total Paid: $2675
Work done: $3400
Value of Work not completed by my company: $500
Client signed the contract and initialed that he would be billed for ad hoc and custom hourly work done at $35 for the product upload and $50 for the programming.
Client signed the contract and initialed that there are no refunds, all sales are final.
Client signed the contract and initialed the Time to Cure was 14 days and took far longer than that to give feedback in writing. I asked, countless times, to receive feedback on the data we uploaded to no avail.
my question is that he is threatening to sue me, via text message and phone message. does he have a case? Can I countersue for the out of scope work that we did and court costs / attorney fees if he does happen to bring suit? Also, he is in New York State ... I am in Texas ... how likely would it be that someone would even waste the money to bring suit in such a situation?