Legal Question in Business Law in California

Can my web host company not release my site if he thinks I owe him money?

I have a web site and I asked for work to be done. He says he did it, I say he did not. I asked for a bill before I went on a long vacation he never sent it. I get back and have many complaints my site is not working. I find a new host company ''finally'' and tell the ''bad'' guy to cancel my site. He takes it off the internet and holds my site hostage and the email. He finally sent my a bill by fax. The bill is higher than I dreamed it could be. I want my site and he said he will not give it back till I pay him. $500.00. I have been on line and on the internet working to get my site back. I think I may have? Now what? I want my sites, actually two he will not release. Help?


Asked on 7/26/01, 1:23 pm

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Can my web host company not release my site if he thinks I owe him money?

Did you have any type of written or oral contract with him? Did you have any type of documentation outlining the work he would do for you in exchange for a certain amount of money? Even if you only had an oral contract in the court's eyes it is still binding. Since the amount is so small I recommend taking him to small claims court. You can file the action in your county since that is were the contract was entered into. You can ask the court to order him to return your websites, you may also want to ask for damages for all of the business you have lost. Small claims is very easy to file, and in most counties it only costs about $50 to file. You can ask for damages up to $5,000. I would take copies of anything he sent you via email, regular mail or fax with you to court as evidence. Good luck.

John Hayes, Esq.

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Answered on 7/27/01, 1:25 am


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