Money owed for freelance work

angs77 · 26-04-2014 2:56pm #1

Hi

A few months back I was commissioned to build a web site, and to equip it with all the bits and bibs the client requested - so I went ahead after agreeing the clients needs and put the site live on the internet, created Facebook and Twitter accounts as they asked and agreed a price for the build etc.

That's was last June!

Almost one year later, several phone calls, text messages, emails etc. I still haven't been paid for the work carried out!

As a freelance developer, what are my legal options to secure payment of this individual? They are still in business I pass their vehicle most days of the week!

professore · 26-04-2014 3:00pm

Can you take down the site?

I'd also look at debt collection agencies, had good success in the past with them in similar circumstances. I'd send them a final warning you are going to do this and give them one last chance to pay before you will hand it over to them and it will involve hefty interest, penalties and admin fees and destroy their credit rating. Be nice and polite.

You'll pay them a percentage but 70% of something is better than 100% of nothing.

angs77 · 26-04-2014 3:02pm

I tried that but they were clever enough to change the login details to their hosting account and as I am only the developer - the hosting company won't speak with me

professore · 26-04-2014 3:05pm

angs77 wrote: »

I tried that but they were clever enough to change the login details to their hosting account and as I am only the developer - the hosting company won't speak with me

A shame. Read my edited post.

angs77 · 26-04-2014 3:11pm

Cheers will give that a go!

Atlantic Dawn · 26-04-2014 3:12pm

Send them a registered letter telling them you want payment within 30 days. Include in the letter that if you don't receive payment you will create another website called www.theircompanyowemoney.com detailing the bill outstanding they have with you. The bad publicity should have them paying the bill sharpish.

moc moc a moc · 26-04-2014 3:14pm

angs77 wrote: »

I tried that but they were clever enough to change the login details to their hosting account and as I am only the developer - the hosting company won't speak with me

Lesson to be learned: in future, never hand over the keys before full payment has been received.

Do the hosting company also control DNS for the domain?

angs77 · 26-04-2014 5:03pm

unfortunately they do

both were bought together off the same company.

angs77 · 26-04-2014 5:04pm

and yes, lesson most def' learned, now I get everything in writing in front of clients and email them a copy of it, so we are all in full agreement of what is happening, email addresses being used, password creation etc.

professore · 26-04-2014 5:08pm

We all had to go there OP. In my experience most clients are fine. Then there's the odd one ... May be a generalisation but estate agencies and media type companies seem to be the worst offenders.

angs77 · 26-04-2014 5:15pm

professore wrote: »

We all had to go there OP. In my experience most clients are fine. Then there's the odd one ... May be a generalisation but estate agencies and media type companies seem to be the worst offenders.

I guess as the saying goes, their is always one

all my other clients has been brilliant!

Cheers for the replies, they are appreciated.

No Pants · 26-04-2014 5:38pm

angs77 wrote: »

Almost one year later, several phone calls, text messages, emails etc. I still haven't been paid for the work carried out!

Have you tried calling to their premises in person with a copy of the invoice? Stay calm and polite, but speak to someone.

angs77 · 26-04-2014 5:40pm

yep, they refuse to answer the door even though I can see them inside...

No Pants · 26-04-2014 5:47pm

angs77 wrote: »

yep, they refuse to answer the door even though I can see them inside...

Any chance to catching them as they arrive or leave?

monkeysnapper · 26-04-2014 5:47pm

angs77 wrote: »

yep, they refuse to answer the door even though I can see them inside...

Ohhh that would get me so angry , you'd love to sit outside their business with a banner but that would prob do ur business more harm than theirs .

Don't let them get away with it op

rash · 26-04-2014 5:50pm

Did you sign over the copyright, as the developer you should have the ip rights unless signed over. Threaten legal action for debt and copyright infringement.

Scrag · 26-04-2014 5:57pm

Surprised no one stated the easiest way to get your money. SMALL CLAIMS COURT. Write a polite letter telling them that if they do not pay in full you will go that route and follow it up. You must show the court that you have done your best to solve the issue so keep copies of all your correspondence and register all letters. Keep a diary of all your phone calls and visits to their premises. It is quite informal and very fair. Not quite like judge Judy. Good luck

No Pants · 26-04-2014 5:59pm

Scrag wrote: »

Surprised no one stated the easiest way to get your money. SMALL CLAIMS COURT.

Small Claims Court is only for consumers. This is a business dispute.

Scrag · 26-04-2014 6:04pm

I think an individual can take a company to the small claims court. He states that he did this freelance so it does not appear to be a business dispute. Check it out

hullaballoo · 26-04-2014 6:11pm

Scrag wrote: »

I think an individual can take a company to the small claims court. He states that he did this freelance so it does not appear to be a business dispute. Check it out

You are incorrect, this is not a case to which the Small Claims procedure can be applied.

26-04-2014 6:17pm

Small Claims Court won't deal with matters of debt, as far as I'm aware (which is a shame, as it really should do!).

capefear · 26-04-2014 6:18pm

hullaballoo wrote: »

You are incorrect, this is not a case to which the Small Claims procedure can be applied.

A business can take another business to the small claims court once the amount of the debt is less then €2000.00.

hullaballoo · 26-04-2014 6:25pm

Courts.ie wrote:

Excluded from the small claims procedure are claims arising from:

(a) a hire-purchase agreement

(b) a breach of a leasing agreement

(c) debts

http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument&l=en&p=110

capefear · 26-04-2014 6:29pm

hullaballoo wrote: »

http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument&l=en&p=110

The aim of the Small Claims Court procedure is to provide an inexpensive, fast and easy way for consumers to resolve disputes without the need to employ a solicitor. The Small Claims service is provided in your local District Court office.
The procedure can be used to resolve consumer complaints. Certain other types of disputes are also eligible. Since January 2010, businesses can make claims against other businesses.
The claim cannot exceed €2,000.

http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

hullaballoo · 26-04-2014 6:44pm

I don't know if you're just trying to dig up but no matter what the rules say about businesses claiming from one another, it does not alter the fact that you cannot use the SCC to recover a debt.

This thread is about a debt.

capefear · 26-04-2014 6:49pm

hullaballoo wrote: »

I don't know if you're just trying to dig up but no matter what the rules say about businesses claiming from one another, it does not alter the fact that you cannot use the SCC to recover a debt.

This thread is about a debt.

Sorry I'm not trying to dig up anything.

The op is owed money from another business for work they have done so I can't see why they can't use the SCC. I have used the small claims court in the past against other businesses that have owed me money for work done and not paid.

Money owed for freelance work

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