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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1529
Experience:  Practicing Attorney with 10 years experience
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I have a written contract with a client, who has paid only

Customer Question

I have a written contract with a client, who has paid only half of the invoice for a software installation. He refuses to pay the other half, claiming that the system does not work, yet it does and has been proven to do so. I have created alternative solutions for free as he claimed that if they did work, he would release the other half payment in full. He has not. He is essential holding my check hostage for 2+ months, so I wanted to ask: is it possible to simply shut down and revert the changes I have done for the portion that was not paid? What are my options?
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Asad Rahman replied 7 months ago.

You could possibly do that but if there is a business impact by that client for you doing that you expose yourself to liability. I would suggest filing for the damages in small claims court depending on the amount owed. Filing of the lawsuit may force their hand and get them to pay or risk going to trial before a judge.

Customer: replied 7 months ago.
If I gave him a time limit, stating that by this day if the invoice was not paid, that I will remove my services until they are? Will that open me up to liability, if he is informed and still chooses to ignore it?
Expert:  Asad Rahman replied 7 months ago.

Yes, that would help mitigate some of his possible counterclaim against you. However, I still think the best route would be to file suit and seek all attorney fees, etc. that the court will grant. However, if you choose to send this type of notice, then be sure it is certified mail and return receipt requested so that you have proof that he was given notice.

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