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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101418
Experience:  Lawyer
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Owner of Web Business. Have dealt with a 'very' difficult client

Customer Question

Owner of Web Business. Have dealt with a 'very' difficult client for the last 3 months. Money is outstanding. Work has been completed and I have gone far above and beyond the original requirements. Every step of the way, they have had conditions, and have been extremely difficult to deal with. Core Development/Design has been completed; and now she is requesting changes. She does not understand the difference between what is a minor change or what is a NEW idea or New/Major/Re-Structure of the website. I have tried to explain it, so many times. I have offered to meet them, phone them, and take the time to further explain. There are still 'minor' things to be done on the website before they are fully happy. I have offered to make the changes, and as we originally agreed a Update & Maintenance cost would be incurred, which is due now. She is conditioning agreements (all done via email) (original contract I have and was done via email - work completed). Now they will NOT pay final amount owing, until they specific that their 'consultant' takes over the site. Once he does the remaining things, and gives the OK then they will pay. She will not pay final amount until ALL passwords etc. have been released. But I cannot release anything, until payment is made. What do you suggest? She is off on holiday in 4 days and I need to get money from them NOW. How do I go about this, keep in mind they have been very difficult, and I have no funds to take to small claims court. A) I need final amount $1,500 B) Original agreed amount was $5000 reduced to $4000. Now she wants Consultant to take over, which is another idea completely. In previous emails this consultant was not even ready to take over, nor had any experience. She is stalling & messing me around. How do I squeeze out the final amount due now? Please Help. Thank you.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
You don't need funds to sue in Small Claims Court. You would simply self-represent and if you need help you can always post on the site again. I suggest you tell her that you will most assuredly not hand over the site, passwords and all until you've been paid in full by certified cheque and that if you are not paid all that is owing you by a deadline you set then you will commence legal proceedings and then will be seeking interest and your costs.
Customer: replied 2 years ago.

Thank you for your reply. This seems to be a 'common-sense' reply, although I do appreciate you taking the time to answer my question.

She says she will not pay until passwords are released.

However I am not prepared to give her passwords etc. until she pays.

What happens if we are at a "Stale Mate" - I cannot release info or the website until she pays > and she does not want to pay until info is released. Now What?

I appreciate any help you can provide.

Expert:  Debra replied 2 years ago.
What you do is simple. You send the demand as I suggested and then when the deadline passes you just sue her. Small Claims Court is set up for lay people and it is ideal for cases like this. You will get a judgment and that will end the stalemate.