Need Some Advice Regarding a Client That Won't Pay

Hi there, I'm new to this forum and I do apologize if this thread shouldn't be in this category but I just need some help and advice...

I had a client who I designed and developed a site for. In the middle of the development stage (site was pretty much done except for implementing the inventory of used cars he was selling), he stopped services telling me he wanted to go another direction and he would pay me partially for my time. I was fine with that.

Then weeks went on, that turned to months and I still didn't see a penny. Every time I contacted him he would tell me that his new web designer was priority and that he can't use my website anyway because it's unfinished so I would see money after he paid his current web designer.

Naturally, I was a little angry and told him to please remove all my files and work as it was still up on his site. (I had uploaded it onto his server and he changed the passwords right before he told me he didn't want to work with me anymore).

Now early this week, I see that his site is "finished" and it's the site I built with the inventory implemented by his new web designer. I emailed him telling him that I need to be paid as he is using my work or he needs to remove the files right away.

He has not responded but how do I go about either getting my money or removing this site. Everytime I think about it, it boils my blood that he is using my work (which took me around 25hours to do) and didn't pay a dime for it.

I know I should have been smarter and took a deposit but now that the damage is done, does anyone have any advice? I heard that I could potentially contact the hosting company and let them know that this work is stolen but I don't know, does this really work?

is the domain on the name of the client itself, if yes why would the hosting company listen to you to remove the content from the website without checking with your client.
Do you have your code, copyright or "coded by" info in the code of the website ?

if yes, you could file a case on him.
Also please tell from which country are you from? and ppl from that place could suggest you what the law could do for you.

I strongly suggest you should not let go and get paid for your efforts also learn from your mistake of not taking deposit.

Also dont forget as long you have SEO under your belt, you could even start negative thread of review on the web that could damage his business, that is not Ethical how ever.

I suggest you to talk to him and request him with a detail email to understand what he has done.

regards
Josh

have either of you copyrighted the site - legally I mean. lots of people put a copyright symbol on their site but few actually go thru the process of copyrighting the site. if not you could possibly go that route.

maybe research a sample cease and desist letter that sounds formal and send it. be sure to outline a date to pay the balance or remove the site. if the deadline passes get a lawyer or if your in the states you can take him to small claims court.

legalzoom.com has a section for small claims filings. keep us updated.

I would send him an invoice via certified mail (so that he has to sign it before accepting it) and at the bottom of the invoice put:

"Cc: [insert fake lawyer's name], Esq.]"

That way he thinks you are involving an attorney, and he knows that you are serious. Some clients can bully you and not answer phone calls, but once they think you are involving a lawyer, they WON'T call your bluff.

I've done this many times.

Lou

send a pretty unmarked certified letter, but I wouldn't use a fake lawyers name, that could backfire if you actually went to court..

A few point to be learnt but lucky now and not later

Apart from stating the obvious which has already been mentioned, always, under all circumstances contract the client to the project from the beginning complete with clauses describing the process and additional costs involved in events such as forfeiture. Always and i mean always then recieve a 50% or greater deposit for the work prior to its commencement.

If you have access to the server, it might pay to initially take control, ie changing passwords, adding yourself as a technical point of call on their end. Also, if possible, as this would be ideal both in terms of security and additional income, see if he requires a change in hosting providers as his current server mightn't run the types of applications you may need for the new website. Furthermore always insert coded notes in the head and body tags detailing your identity and work.

Furthermore, only ever upload or hand over the completed site after final payment is made!! i cannot stress this point enough as even large companies are capable of such dirty-handed tactics to save budget!! If they wish to see it live prior to payment (or you need to test some element) run it in a local web development environment (like a WAMP server on your pc) or publish it to test server that you have setup online (that way they can access the site remotely to see its completed).

Having said all this, another way in which you should handle all accounting information is through a separate accounts email address, even if you are a freelance designer/developer operating on your own. Set it up inclusive of an alias or "fake" Accounts Supervisor title and attach her name to all invoice & reciept emails and it will appear as if she handles all your accounting matters. This way your business and personal relationship with the client can remain intact for future projects whilst you can push and threaten him as much as you like through your accounting alias.

The above point is an extremely good one, one which many of our staff when starting out had to find for themselves.

This is a very important lesson to learn so dont be upset. Feel lucky and privileged that you learnt it relatively early in your career and only on 25hrs work and not on a massive paying job which took the better half of 6 months to complete!!

On a final note, il mention that perhaps your client selection criteria could do with some work. I understand that as a freelancer starting out, you will take any work which comes your way, even massively under quoting as long as you land the job, however, clients who understand business and above all who will act in your best interests are those who you should pursue.

http://www.studiomelbourne.com.au

To be frank I don't think a man will jeopardize his reputation over a lousy 25-hour job. He is probably new in the business and is also affected by the financial crisis, which isn't a good excuse but it's the reality.

I would write him an email explaining all your point of views (diplomatically) and in the end you owe me XXX. Now, what arrangement can we come up with that will satisfy both of us. Maybe his cash flow is better next month... This is also proves that you are flexible and cooperative. If this dosn't work then as suggested earlier threaten with undermining his reputation....but that comes way later.

But that's only my opinion, you know best how to tackle a person like him. Would will work and what wouldn't. Good luck

The damage is done,

But future tips,

Try to get an advance beforehand,

Then always show the demo from your server donot simply upload in their server to prove you are capable of doing web design.(If it is a relaible client then ok.)

After getting the money, you can transfer the files.

create remarks in each page that you are the author of the design, in top and bottom. Cheating morons(if they donot know webdesign) will know about it.

I would recommend either forget it or deal this with a lawyer.


good luck buddy, it happens

If the client hasn't paid yet then they don't own the designs etc. Most web hosts will take site down if you contact them and let them know it is online illegally which of course it is if they aren't paying for it.
To recover the money you could consider hiring a debt collection company if it's a large enough fee.

forget this!

There are good and bad people. I would advise to forget about this and start fresh. But always try to get some upfront or use any escrow system for it. Afterall, you are the one who is going to spend hrs on the project, hence you deserve a security amount. Never send files before getting full payment.I was also in same situation many times but as we will have to move forward and get involved with new clients, i forget that shit. There are very good clients as well who pays well. Concentrate on them.

simm000, like i stated earlier in the discussion, you should always and i mean always then recieve 50% or greater deposit for the work prior to its commencement! Furthermore, before the completion, upload or hand over of hard copy, always await full payment no matter the percieved status of the client, small or large!! too many time does this happen.

You mentioned additions? Was the client required to pay additional costs? was that written in the contract?

also, another way in which you should handle all accounting information is through a separate accounts email address, even if you are a freelance designer/developer operating on your own. Set it up inclusive of an alias or "fake" Accounts Supervisor title and attach her name to all invoice & reciept emails and it will appear as if she handles all your accounting matters. This way your business and personal relationship with the client can remain intact for future projects whilst you can push and threaten him/her as much as you like through your accounting alias.

The above point is an extremely good one, one which many of our staff when starting out had to find for themselves.

On a final note, again il mention that client selection is very important in this industry. Only ever work for clients who understand business and above all who will act in your best interests.