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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101979
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, I am running a small private web business. I have a

Resolved Question:

Hello, I am running a small private web business. I have a client that is 6 months past due on paying his balance. Do i have the legal right to suspend his website until payment is recieved.
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

Is there a contract between the two of you? If so, is he in breach of it?

Customer: replied 7 years ago.
There is not a contract. We set this up with invoices describing services. The original invoice to start the project was paid. The invioces sent after for additional work and or changes and additions to the site were not paid.
Expert:  Ely replied 7 years ago.
So no written contract, right? How many invoices has he missed, and what period does each invoice cover?
Customer: replied 7 years ago.

Right? All was described in the inocies. He has not paid 2 inoices for over 6 months. The work not paid for is actual data and items put into his site.

Expert:  Ely replied 7 years ago.
And each invoice covers how many months?
Customer: replied 7 years ago.

They actually are for specific numbers of product items worked on and implemented into the site. These are specific items completed by us.

Expert:  Ely replied 7 years ago.
I see, and how much is the total that they are behind on?
Customer: replied 7 years ago.
They are behind $7,000 and I offered them to pay 4,000 and we would consider this paid in full.
Expert:  Ely replied 7 years ago.
Wow!Yes, you may the site. They are in breach of contract on their end, which means you do not need to continue your obligation either. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).

You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.

It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: breach of contract, fraud, assumpsit, and quantum meruit.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.

You can file this in small claims court, which makes it no less official. The Judge decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.

Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

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