QUESTION
Whats my next step after a default letter was sent for non payment?
Asked on Jan 21st, 2014 on Business Law - Florida
More details to this question:
Hi, my name is Maria Bussola. I did a website for a client and he never paid, I sent him a default letter and after he received it he changed all the passwords to the domain and made his own website. On the contract we signed it states they have 10 days to pay after I send a letter and if they don't they are breaking the contract. It also states I am the only person allowed to work on their site for 12 months. So now that it has been more than 10 days and they changed the passwords to the domain, what is my next step to collect payment for my service and payment for breaking the contract?
1 ANSWER
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Your next step should be taking your contract and consulting with a business litigation attorney. After discussing the details and reviewing the contract, the attorney should be able to provide you with your options and with the relative strengths, weaknesses, pros and cons. To answer directly, the likely course of action would be a demand letter from an attorney, and, if that fails to produce results, a lawsuit… likely in small claims, but depends on how much is owed. For example, less than $5,000 is small claims; $5,001 - $15,000 is County; and over $15,000 is Circuit. Now, you may decide to go at it alone (although I highly caution against it), in which case, depending on any notice provisions in your contract, you may go straight to filing a pro se lawsuit. However, I would stress to at least have the attorney consultation.
Answered on Jan 22nd, 2014 at 12:50 PM