Oh yeah, THAT was smart...thanks for ripping me off.

[marasbaras]

Honestly, I'd write it off. It's a loss, yes. A highly annoying loss.

But, it will take a LOT of time and a LOT of energy. Time and energy that will likely earn you more than the $135.

[SpyOne]

1.) If you file a claim for the entire amount you can usually include court costs and subpoena costs and work time lost as part of the award.

Amen to that.

Saw that on one of the Judge TV shows: there was no legitimate dispute, so the Judge was finding for the plaintiff for almost everything they sued for.
"You're suing for emotional distress. This is simple breach of contract, so I can't give you that.
"You're suing for (the things they had agreed to giver her), for your time, for the postage to file suit against them. I can give you all of that."

Sue for things you think you can't get: it's much better than not suing for things you are entitled to.

[SpyOne]

Now I'm curious, if you're in VA and this horrible woman is in TX, do you file small claims only in VA? I mean, that's where you yourself are based after all. Does that mean she'd be required to come to VA for the hearing or face losing?

That would require some research. It depends on where the contract legally happened. If I mail you a contract, and you sign it and mail it back to me, I'm 90% sure that the contract happened wherever you were when you signed it, so that's where I'd have to sue.
I'd ask a lawyer (and be sure to record how much he charges you, so you can sue for that).


I also agree with those who've said, for $135 it may not be worth your time.

Unless you can interest one of those Judge shows. (They pay both sides regardless of who wins. Usually it's like, $5000 minus the judgement will be split by both parties, and the judgement payed. So either you both get $2500, or you get $2635 and she gets $2365.)

[Eric the Grey]

I think it varies from state to state because I had a ruling against me that had court costs tacked on.

Most things like this vary from state to state. Better to check yours to be certain exactly what you have to do.

Filing small claims can be tedious and painstaking, plus, you'll have to find someone in TX to serve her notice to appear in court. That can be tricky, but I doubt impossible.

One thing that may allow you to up the price is if you ever mentioned your normal hourly fees. If you mentioned that in any of your correspondence, it may be possible to add your time (time spent filing and so forth) as part of your reward. Just a thought.

How did that work? Because he owed you money you repo'ed his truck? Is that legal? I've never heard of that. If it's legal that's COOL!! I assume he had no bank loan on his truck, otherwise you would have had a huge legal battle on your hands.

When I sued an ex-landlord (and won) for our deposits, the information I dug up was that if he couldn't pay me the day of the court hearing, the court had a choice of having the court do a "discovery" to determine what assets he had that could be attached (ie: taken by me) or allowing him some time to send me a check. He sent a check, but if for some reason he did not, I could have, for example, filed the proper papers with the court, and demanded the rent from his next renters. They would have had to send the payments directly to me instead of him, until the total amount was paid off. I also could have taken other assets he had, up to the amount of what he owed me. I'm not certain what would have happened if said item was worth more than what he owed, but I suppose after sale of said item, the difference would have been given back to him.

This was, of course, in Colorado. Your local may, and probably does differ.

The courts are very particular about people who do not follow through on court orders. If a person willingly refuses to pay fines, they can face jail time.



Eric the Grey

[BlackIronCrown]

I guess I'll be writing a letter to my state's attorney general and/or filing in small claims. Thing is though, if I bring her to small claims...I don't want just the $135 now. I'm thinking about pressing for that $50 bonus () and of course for court fees...but hmmm I wonder if there's anything else I can tack on since she was SUCH a nasty witch. The CA guy I spoke to said they can and will provide records of them promising to pay off the debt, and will also provide proof of their "belligerent and abrasive attitudes" from when they were reminded of their promise.

IANAL. I am a paralegal. The laws vary from state to state; there may be differences with what I say. Please check it out with someone in your state who is licensed to practice law.

That disclaimer being said...

From what you say, you have all your documentation, invoices, and you can receive written records of the Defendant's actions and attitudes for you. This is excellent. This is all the documentation you need. Organize it properly. Write up a timeline of what occurred and when. Include CA's reports in it. Basically, you want to write it up in such a way that you can go before a magistrate and give it all in a sequence in a calm, cool manner.

Next, write out a list of damages. This is the important part - decide how much you are owed and write it up like an invoice.
IMPORTANT. Include on this list the amount of time in hours you have spent attempting to collect and put a dollar amount to it. Make sure it covers your court costs. When you tell the magistrate what damages you are seeking, state that this is your estimated income lost pursuing this matter and thus you are billing for that. This is acceptable to do.
The really necessary thing is to be able to assign a dollar amount to everything you feel damaged for. Mental anguish. Stress. Etc. Without a dollar amount, the court does not care.

Then, go down to the county/city clerk and file the papers along with the court cost for a small claims. Show up before the magistrate on the assigned date and wow him with your organization.

Then you get to the joy of collecting your judgment, should you win, but that's another process.

[Geek King]

You know, I just had an evil thought. As a web designer, it wouldn't be very hard for you to whip up a quick, but informative, site that details a wholely factual account of how you were treated. Then I'm sure you could post it in a way that it would show up in Google and other popular search engines very close to her website if some poor consumer were looking for it. A little negative publicity might work better than trying to take her to court.

Note:
Keep to the facts that you can prove, and hang onto that proof. You may need it to prove the story if she tries to get the hosting to pull it.

[Emrld]

I will go back and see if I can find the article . . .however I remember reading something in the last week about a similar situation . . .
The person had a court case going and a settlement was e-mailed, opposite side said something back in an e-mail about accepted/ or agreed . . .then at the settlement table tried to re-negotiate. Apparently the person whom sent an e-mail did clarify enough.

Point being - Judge accepted that e-mail as legally binding.

[Record Store Tough Guy]

You know, I just had an evil thought. As a web designer, it wouldn't be very hard for you to whip up a quick, but informative, site that details a wholly factual account of how you were treated.

Srsly. Google "Rodona Gast" for an effective use of this tactic.

[eltf177]

Srsly. Google "Rodona Gast" for an effective use of this tactic.

It's Rodona _Garst_. Very interesting material, BTW.

[cslater]

I have worked in collections, and have learned a sad fact, namely that if someone really doesn't want to pay you, it's difficult and sometimes impossible to get payment. That having been said, if you decide you want to go to Small Claims court, then go for it. What have you got to lose.

There have, however, been suggestions posted that you post messages insulting to this woman or to her web site. I beg you not to do that. You could find YOURSELF on the receiving end of a complaint or legal action by this person. If what you want is the money, then you need to focus on that. Forget about revenge; forget about what a monster she is. When you offer services to customers, there are going to be a few bad people. Try not to get upset about this one; there undoubtedly will be others. Try to learn from this experience and make your contract and your billing more specific, as others have suggested.

I have had another thought about this matter. You seem concerned that she might use some of the material you created. Rather than try to collect the debt, would you consider sending her a letter (registered of course), to the effect: "Since you have decided not to use the material I created, I will release you from your debt, upon your return to me of all material I created, including paper sketches, CD's, and any digital material I provided. Returning such will signal that you will not use any of this material in your web site, and will not distribute it or share it with others."

Of course I know you don't "return" digital material, and this wording is only a suggestion. But I think you ought to consider formally releasing her from the debt, which you probably will not collect upon, but enjoin her from ever using or distributing your work. It actually might make you feel better. then you can move on.

[nwwaew]

I'd suggest creating a website about what happened as a last resort (i.e, you lose the lawsuit and appeals), in case something like that is found and used against you.

*Disclaimer: I don't have anything to do with the legal field.

[Seraph]

IANAL. I am a paralegal. The laws vary from state to state; there may be differences with what I say. Please check it out with someone in your state who is licensed to practice law.

That disclaimer being said...

Thanks much for the advice...I know how much it's a "eeeegh" thing for anyone in the legal field to give out advice.

Thanks to everyone else as well.

I'm definitely determined to file in small claims now. I heard some more stuff about what she did...and I'm sorry but someone with that attitude needs to learn that she cannot get away with whatever she pleases.

Again though...I really can't afford a lawyer...but do small courts even really require them? I know I have more than enough evidence to definitely prove my case. The emails, the online contract, and of course the records of them admitting to the agency that they owe the debt and would pay it...I would think that'd be enough to just say "Here...look it over. Thanks."


....Right?

Sorry to be asking this...I'm nervous but ticked off beyond all measure. (Silly italian blood...)

[SuperB]

A lawyer isn't necessary. In my state you can consult one but you're not allowed to bring one to a small claims case. Have everything you possibly can printed out. Search her online and see if you can find statements she's made about you or the contract that will help you. In my case the woman who tried suing us claiming "damage" had blogged about the time she claimed the damage happened and didn't blog about the so-called damage she later claimed. I know she didn't expect me to find it let alone bring it to court with me. Also have copies. In my state we were required to exchange copies of all of our evidence and nothing that wasn't exchanged could be brought up in court.

Oh, and let us know how it comes out.

[Kali]

Any more news on this one? I'm really interested to know if bitchface gets her just desserts.

[JLRodgers]

It's things like that that make me charge 1/2 the total cost up front before any development is done -- or at the very least, money as the development is done so the most I'd be out is $50.

I hope something positive happens for you.