Going To Court! What would U do?

[ryannull]

You sound like you know a lot more than me in this area, but seems logical to me, despite it not being notarized, there is proof the company was paying the stated amount in the contract and they had been working together over that period, so I'd think that should hold some weight too. /shrug

Yes, there would be a paper trail, assuming the client never paid cash.

The difficult part is getting the proof if Kosher1 didn't take copies of the check. To authenticate the transaction was happening he would have to have a copy of the checks or the clients bank records. Paypal records wouldn't be good enough, not for the rules of evidence in court. It would have to be from the clients bank records.

Getting them is an entirely different ball game. You would have to ask for them during the discovery process or subpena them.

Basically, the court process could take more than a year and may end up with nothing.

The other question you have to ask, are they worth suing. Meaning, do they have money. You can take people to court all you want, but if they don't have money, they won't pay.

 

[Kosher1]

You sound like you know a lot more than me in this area, but seems logical to me, despite it not being notarized, there is proof the company was paying the stated amount in the contract and they had been working together over that period, so I'd think that should hold some weight too. /shrug

Agreed. Lots of email communication and cashed checks. They can't deny.

 

[Kosher1]

I would definitely pursue this, you shouldn't have any trouble getting a judgement. However, in the mean time I was xrumer and SB their site into oblivion.

Feel like taking on the task? PM ME.

 

[Tsmash]

haha no, I wouldn't do it for karma's sake... but I'm not the one that got screwed over. If I was in your situation I definitely would. However, I'm sure there are many people on fiverr, and even this board that would not mind doing it for you.

 

[Kosher1]

Yes, there would be a paper trail, assuming the client never paid cash.

The difficult part is getting the proof if Kosher1 didn't take copies of the check. To authenticate the transaction was happening he would have to have a copy of the checks or the clients bank records. Paypal records wouldn't be good enough, not for the rules of evidence in court. It would have to be from the clients bank records.

Getting them is an entirely different ball game. You would have to ask for them during the discovery process or subpena them.

Basically, the court process could take more than a year and may end up with nothing.

The other question you have to ask, are they worth suing. Meaning, do they have money. You can take people to court all you want, but if they don't have money, they won't pay.

Good points! they have money they are a fairly good size company.

I just realize that my contract forces to go to arbitration this may be a better solution as well. My contract also awards the winner with attorney fees and court or arbitration fees.

So I think I have a lot of good information here and perhaps I will take them to arbitration.

I will be sure to post the outcome.

Has anyone else got taken to court for SEO work??

 

[Kosher1]

haha no, I wouldn't do it for karma's sake... but I'm not the one that got screwed over. If I was in your situation I definitely would. However, I'm sure there are many people on fiverr, and even this board that would not mind doing it for you.

Not my style.

I can take them down easily through other means but it gains me nothing.

 

[SolidTactics]

The first place I go for legal advice is justanswer.com you get an answer from a real lawyer for under $40 bucks. From there you can take their feedback, do some googling and research and be better prepared if you plan to meet a lawyer face to face. That's my 2 cents.

 

[futurer]

Hi,

I feel your pain

I assume the purpose for suing is to recover the $20,000+ plus future revenue. If the case goes to trial, you can easily spend over $20k on legal fees alone, plus your time and other headache. And, even if you win, are you certain that the company has the money to pay you?

The company that breached your contract most likely done so multiple times with others. They also could have taken steps to protect any assets and it might be very difficult to recover any money even if you win the lawsuit.

Having said all that, if you have money available that can be used for an attorney and collection afterwards, suing them would be a good move, in my opinion.

 

[oxonbeef]

If they are paid up to date, walk away.
You're chasing something you never had in the first place
and haven't done any work for.
If you did the work and they didn't pay you then it would be different.
But the amount of negative energy you'll be generating and the time you
will be losing could cost you far more then the $20,000.

What about your reputation? Clients might be wary of doing business with
you if you are liable to sue at the drop of a hat.

In what way have you approached them?
Have you discussed termination of the contract with them?
Asked to be compensated for your loss of as you had scheduled your business to be working
with then.
Instead of firing off and suing at the first occasion negotiate a win for both of you.

 

[cocococo]

Hi,

I feel your pain

I assume the purpose for suing is to recover the $20,000+ plus future revenue. If the case goes to trial, you can easily spend over $20k on legal fees alone, plus your time and other headache. And, even if you win, are you certain that the company has the money to pay you?

The company that breached your contract most likely done so multiple times with others. They also could have taken steps to protect any assets and it might be very difficult to recover any money even if you win the lawsuit.

Having said all that, if you have money available that can be used for an attorney and collection afterwards, suing them would be a good move, in my opinion.

Enough said, I would say why not chuck it down to experience, thinking of the legals fees is it really worth pursuing? why not just relax wait for their site to tank which definitely it will, and they probably been on their knees begging to hire you back, then you can hit them where its hurt

Your strategy in getting them to where they are would be different to the strategy the person they hired has.

 

[reinie]

If they are paid up to date, walk away.
You're chasing something you never had in the first place
and haven't done any work for.
If you did the work and they didn't pay you then it would be different.
But the amount of negative energy you'll be generating and the time you
will be losing could cost you far more then the $20,000.

100% agree.
Its not worth it dealing with BS in your life when you don't need it.
Use the time to get more clients that will pay you x-times more than 5k

 

[Banned member 185991]

Legal aid will cost you about $500 at a guess. This is a simple case.

When the total is like $20,000 its worth looking into

when you have a contract I cant see it being a difficult case.

 

[Kosher1]

If they are paid up to date, walk away.
You're chasing something you never had in the first place
and haven't done any work for.
If you did the work and they didn't pay you then it would be different.
But the amount of negative energy you'll be generating and the time you
will be losing could cost you far more then the $20,000.

What about your reputation? Clients might be wary of doing business with
you if you are liable to sue at the drop of a hat.

In what way have you approached them?
Have you discussed termination of the contract with them?
Asked to be compensated for your loss of as you had scheduled your business to be working
with then.
Instead of firing off and suing at the first occasion negotiate a win for both of you.

Thanks for all the details.

Yes I tried very hard to negotiate and the agreed until they got all access from me for all GP etc... Then they said asta la vista!!!!!

I sent then an email with $6000 discount to settle. We will see what they say.

I'll keep you all posted.

 

[Kosher1]

Legal aid will cost you about $500 at a guess. This is a simple case.

When the total is like $20,000 its worth looking into

when you have a contract I cant see it being a difficult case.

I have a very very strong contract.

Thnx for the input.

 

[manny521]

Find out how much a lawyer would cost. I would assume the lawyer will want an upfront fee in the range of $10,000. Something to think about.

 

[thetvnun]

1) what are the contingencies?
2) notary isn't shit unless they claim they never signed ' that hasn't happend since e-mails became admissable
3) a lawyer will give you one-hour free, after that $200.00-$300.00 an hour
4) if the attorney demands a retainer - speak to a 2nd attorney
5) if the 2nd (and 3rd) attorney demand the same - there is something wrong with the case
6) this does not qualify for small claims court
7) if they are paid-to-date for the previous 5 months at $3k per month and they owe you an additional $20k then . . . how long did they contract for?
8) what defect in performance did they accuse you of?

 

[Kosher1]

1) what are the contingencies?
2) notary isn't shit unless they claim they never signed ' that hasn't happend since e-mails became admissable
3) a lawyer will give you one-hour free, after that $200.00-$300.00 an hour
4) if the attorney demands a retainer - speak to a 2nd attorney
5) if the 2nd (and 3rd) attorney demand the same - there is something wrong with the case
6) this does not qualify for small claims court
7) if they are paid-to-date for the previous 5 months at $3k per month and they owe you an additional $20k then . . . how long did they contract for?
8) what defect in performance did they accuse you of?

Thanks for the great I put.

They had nothing to accuse me of since I did a killer job for them, do they came up with an excuse that I got them ranked on GP on some keywords and All should have ranked their site not GP.

They get about 450 - 600 calls a month from my efforts..... They are PIGS!

 

[manny521]

Yeah, the money involved is probably not big enough for most lawyers to get involved...

the retainer fee might be too big to bother...i am sure you will figure out what is best for you...

its a cost vs profit analysis you have to make and the lawyer will make the same analysis...

 

[Kosher1]

UPDATE:

I sent then exerts from the contract, pretty much making them feel they will lose and pay legal fees. I provided all the evidence.

They are offering $8,000 to end the contracts.

Should I take it or push for more !

 

[xxtoni]

UPDATE:

I sent then exerts from the contract, pretty much making them feel they will lose and pay legal fees. I provided all the evidence.

They are offering $8,000 to end the contracts.

Should I take it or push for more !

If they're offering you money at this point you definitely SHOULDN'T go to court. As someone earlier explained this can harm your reputation and you will lose a lot of time and money pursuing this, it's not worth it.

Regarding if you should take it, you're the only one that can decide that, but if they're trying to settle you shouldn't think about court.