Legal Question in Business Law in Minnesota

Oral contract with client, and now they are not paying

Hello, I am a webdeveloper and have been doing business with a company for over a year now. For the last 3 months they have accrued a bill totaling over $1,300. I have sent them many invoices, but still...I don't recieve anything.

Plus, as of January 1st, they are going to be out of my hands. They are moving to a different server and will be no longer available for me to help.

Right now, I do control there website. What do I do??? I do have the power to completely shut down there website and destroy any thing they haven't paid for, but that just seems wrong to me. Plus, then I won't get my money, and they will just find someone else to do the work.

Please help....I want my money.....


Asked on 12/08/97, 1:52 pm

2 Answers from Attorneys

Jeffrey Nodland Lockridge Grindal Nauen & Holstein P.L.L.P.

Web Developing Problem

You do have recourse for this problem. A problem may occur if you shut down access without firstinforming them of the situation, but since theyare already pulling the site from your server, this may not be as important. Questions remainover any design work you have done. While purecontent may be the property of the originator,design work you have done, i.e. presentation, specific coding,etc., may be your property. It really depends on what you agreed to. Oral contracts are still binding in manysituations. I have had a similar situation with oneof my clients, which we were able to resolve, butI would need to know more about the specifics of yoursituation to give you more help.

Disclaimer: Nothing here is meant to give anythingother than general legal principles. No specificlegal advice on a specific situation is offeredand no Attorney-Client relationship exists. If youhave specific questions, please contact me by email or phone.

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Answered on 12/08/97, 6:21 pm
John Fossum Lundblad, Fossum & Zrimsek, L.L.P.

Collection web Developing

Given the Dollar amount involved, you could sue to collect in Conciliation court, in the county where your client resides.

Your contract is probably enforceable, you will need to demonstrate to the court that you agreed on the services and the dollar amount you were to be paid.

This is not intended as legal advice and no attorney client relationship is established by this communication. If you have specific legal questions you may contact me directly.

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Answered on 12/09/97, 10:35 am


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