Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .
I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and saving all the texts, as well as keeping a good chain of custody through screenshots on my end. He had the rest of the information to finish the website, credit card processing, prices a few missing pictures etc. He knew of these and internationally kept them so i couldn't "finish" the website in his mind; however, my job was just to design. He changed this website theme 3 times, essentially giving him 3 different styles of websites that he is using and some of this art is my property, since he never payed the rest of the contract. I have him on recording and text saying it looked good and would get back to me if any small changes were to occur, he stated later he would not pay due to not finis
A: Depending on the amount he owes you, consider filing a lawsuit to get a judgment.
A: Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed with the filing fees and service of process fees. You will also have to take a day off work to appear for your trial. In addition, there may be issues relating to proving your breach of contract claim. My recommendation to you for the future is to have all your clients sign a written contract before you begin work (at least if the amount is $500.00 or greater).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
