Legal Question in Business Law in California
Business
I created websites with my web business for some customers.
The sites are completed or 95% finished in one case. No money has exchanged for design services...only hosting service.
When I sent out invoices I was threatened with an email harrassment lawsuit...invoices only sent once. They requested my services and I performed...their businesses benefitting...
Do I have any defense?
4 Answers from Attorneys
Re: Business
Reasonable billing practices cannot amount to harassment. If all you did was send a single invoice, I don't see how your customers' claim could hold up in court. This seems like a scare tactic.
Even so, you may want to hire a lawyer to help you collect the money the customers owe and to help you reduce your exposure to potential legal action by them. Defending yourself against even a meritless lawsuit can be expensive and time-consuming.
Good luck.
Re: Business
Just as good fences make good neighbors, well-drafted contracts help prevent disputes. Before you start web design work for anybody, have a lawyer draft a contract for you, this will save more than it costs you.
Re: Business
Defense? Yes, a good offense. Sue them if you have proof of your agreement. Small claims if under $7500. Superior Court if over.
Re: Business
Well hopefully you have written agreements that make terms clear. I do not think sending an email with an invoice if you have that constitutes harassment, regardless how unhappy they may be about getting a bill. Sound like they are trying to get out of paying. I can write a brief letter to them if you like, and let them know you will sue in small claims if they dont pay up, which might save you the trouble.
Best,
Daniel Bakondi, Esq.
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