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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116799
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a question on a client who just gave me a charge back

Customer Question

Hi, I have a question on a client who just gave me a charge back for our services. They paid for website and marketing services and then charged back my services yesterday (2.5 months after the initial charges). I am going to successfully fight their charge back but my question is: Can I take their website down since they have now broken our contract and are trying to get out of paying me?
JA: What state are you in? It matters because laws vary by location.
Customer: Washington state
JA: Has anything been filed or reported?
Customer: They just filed a chargebacak with their credit card company. My merchant account is going to take my rebuttal, with the contract proving the customer didn't cancel 3 months ago like they are saying they did. However, I feel like I should be able to take their website down for being difficult and causing me harm. not following their end of the agreement, etc..
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
WA state does not favor self help, so if you take their site down, they will have a claim against you for damages they incurred for the loss of their use of the site. The proper legal recourse if you cannot get the charge back reversed is filing a civil suit against them for breach of contract and you have to take it through the court.
If you use self help, you would be liable for their damages and again, WA law does not provide for self help as there is a legal remedy in the courts.
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