Legal Question in Civil Litigation in Georgia

Business small claims

Our Web development corp freelances for clients online. TTerms are payment upon completion-no credit terms. We did work for a client. They paid along the way, but became 60+ days late on $1000+. They at first claimed it was because their client wasn't satisfied with the application. We pointed out our responsibility was specific work, not the entire application, that it was like not paying the house painter because the client didn't like the carpet. We also noted that they let 60 days pass, including warranty period, without specifying any issue. It turns out, the issue had nothing to do with us, and the client emailed that he would pay. We received $500. We requested the remaining $523. We did another round of the client issue, and this time we offered to phone the client and fix what was our doing for free, what was not our doing at cost, but they 'resolvee' the client issue without our help, and said they were paying. And then a week later, 'not to worry' the check is in the mail. Over 90 days, no payment. I understand we can file here since they are out of state and contracted us here. I emailed an unanswered final demand. It passed Friday. Should we send a certified final demand with a notice of intent to file suit?


Asked on 10/11/08, 5:15 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Business small claims

If you are asking whether there is any legal significance for sending another demand by certified mail, the answer is no. Keep in mind that getting a judgment and collecting are two different things.

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Answered on 10/11/08, 5:35 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Business small claims

Another letter has no effect on whether you can sue or not. The terms of your contract, which we have not seen (and hopefully you had a lawyer draft it) may be critical.

You may or may not be able to sue in Georgia. That is actually a complex issue which really requires a lawyer's review. However, WHY would you want to? If you sue here over a small sum, even if you win, you have to collect. That probably involves additional legal action in the state where the debtor is, unless they have assets you can seize here. Suing there to begin with could save a step.

Again, without a lawyer reviewing the contract, facts and other details, there is no way to give you a good answer, or even to lay out all the options (these in this post may or may not be the best).

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Answered on 10/11/08, 7:55 pm


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