Legal Question in Credit and Debt Law in California

sue for non payment on website design & development

I was hired as webmaster to create a website, then post to world wide web. I created the site, made changes per owner request and now they refuse to pay my balance due. They did pay the inital downpayment. I have made 3 requests for payment and still have not been paid, this has been going on for 3 months. The site I created is up and running, but I have been locked out of the site.

What is the best process to sue this company for non-payment and any legal fees associated with this suit?


Asked on 2/25/00, 1:03 am

1 Answer from Attorneys

Christopher Enge Law Offices of Christopher J. Enge

Re: sue for non payment on website design & development

You should look into filing suit for breach of contract. If the case is small, you can proceed yourself in small claims court. If the case is over $5000, you should hire a lawyer. Many lawyers will handle this kind of case on a contingency fee basis. The lawyer's fee is based on a percentage of the amount recovered. You would, however, be responsible for out of pocket costs. You can only recover attorney fees if you have a written contract provision saying you can recover the fees. If you intend to file suit in Northern California, please let me know and I will see if I can help. You should be aware that time limits are running and you should move quickly so that you do not lose any rights.

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Answered on 3/07/00, 8:06 pm


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