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Hello, I am running a small private web business. I have a

Customer Question
client that is 6 months...
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.
LEE
Submitted: 7 years ago.Category: Legal
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Answered in 1 minute by:
3/1/2010
Lawyer: Ely, Counselor at Law replied 7 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



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?



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Customer reply 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.
Lawyer: Ely, Counselor at Law replied 7 years ago
So no written contract, right? How many invoices has he missed, and what period does each invoice cover?
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Customer reply 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.

Lawyer: Ely, Counselor at Law replied 7 years ago
And each invoice covers how many months?
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Customer reply 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.

Lawyer: Ely, Counselor at Law replied 7 years ago
I see, and how much is the total that they are behind on?
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Customer reply 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.
Lawyer: Ely, Counselor at Law 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.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

















Ely
Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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