Legal Question in Credit and Debt Law in California

Can they countersue me?

Hi,

I am a graphic Designer who completed a project for a company

in Monterey. The terms were 1/2 up front ($600) and the remainder

($630) due on or before April 10. The client paid the up front

amount and I delivered completed files. The files were opened at

the printer and witnessed by the Creative Director, The client�s wife

and the client�s printer to be complete and in order. The client

informed me 3 weeks later at the time of final payment he was not

going to pay me because the files were incomplete. I responded

with documented steps that I can prove and that I would be

pursuing Small Claims Court and BBB Arbitration if the debt was

not honored. He never was able to explain to me how they were

determined to be incomplete. He has since threatened me with

having his company lawyer go after me for defaming his company.

This is a $630 issue.

How do I handle this? Can they countersue me? And what could

they possibly countersue about? I am the one who was beat for

$630. Am I not within my legal rights?

Thanks


Asked on 4/10/06, 10:03 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can they countersue me?

Take them to small claims court. Worry not about countersuits. Forget the BBB. Consult a lawyer about drafting an ironclad contract for your future clients to sign.

Read more
Answered on 4/10/06, 10:53 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can they countersue me?

From what you state, I can't fathom how there's any defamation. If the files were incomplete, why didn't he bring it to your attention immediately? It seems that he just wants to avoid having to pay. I agree with Mr. Stone. Bring all of your proof and witnesses (if any) with you to court.

Read more
Answered on 4/11/06, 2:43 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California