Legal Question in Technology Law in Virginia
Theft of Services
A client refused to pay for my design service, and I wish to go after him for
the money he owes. I have all the paperwork and computer files to prove it.
There was no contract with him, only a quote for an amount on a ''to first
proof'' basis. The project took on a life of its own, and when I advised him the
estimated charges for all work to achieve his 3 proofs to date were close to
double the first proof quote. He said he was not going to pay me. At which
time I told him he was not going to get his project. Later he said he would
pay but did not have his checkbook. He also said that if he gave me any
money, then there was nothing to stop me from sabatoging the CD. I decided
to burn the CD, then give it to him to take to a printer to prove I did not
sabatoge it. He was supposed to return with money, however did not. I waited
a couple of days, then issued an invoice with terms of ''Net 5 Days''. It has
been over 5 days, and the actual time charges for all of my work amounted to
$680.35. Can I go to the magistrate and have charges brought against him by
invoking 18.2-152.6? Thank you
2 Answers from Attorneys
Re: Theft of Services
Yes, go to the police and bring charges, and sue in small claims court for the contract/conversion issue.
Call or e-mail for further assistance.
Re: Theft of Services
In VA you would go to your local General District Court and file a Warrant in Debt. Taking a longer-term view, the way to prevent disputes is with a well-drafted contract up front. Hire an attorney to draft one, and have your future customers sign it.
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