Legal Question in Employment Law in California

Wanting money back after paying on itemized invoices

I consulted for a real estate company in New hampshire, where I created websites and various collateral. After a few months of consulting I informed the owner that I was moving back to California. I then asked if he would like for me to continue doing work for him on all the different websites, he said yes.

After several invoices from California he stopped all work. Over a year later he is demanding his money back and saying I defrauded the company. He also states that I charged him for work I did not do and that the FTP logins are evidence. He also claims I did not do work in New Hampshire either. I explained to him that you can update sites via FTP either everyday or once a month and so on... but that does not mean that I was not working on any projects prior to uploading. He has never communicated any of his claims to me via email, phone or in person, but kept receiving and approving invoices and checks.

All invoices he received were bi-weekly and itemized showing what project and how many hours. He also approves all check by signing them.

I also purge all artwork after 6 months to a year once a working relationship has been terminated, unless the client specifically asks for the files, which he never did.


Asked on 5/02/05, 1:29 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Wanting money back after paying on itemized invoices

You're entitled to get paid for the work you had done. You may take legal action to secure payment. As for evidence, the web host might have backups if you've erased them. My colleagues who practice computer law might know more about this. I would hope you kept copies of your itemized bills. If not, you might recreate a summary of charges based upon your best recollection.

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Answered on 5/03/05, 2:35 pm


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