ethically...one of my clients refuses to pay a December invoice because it wasn't "actually submitted properly" and now it's "too late" to do anything about it. I've continued to work with him, begrudging the issue, but moving on. I always have been the technical support person and hence am always in posession of his equipment. Things got "hot" on the set - egos got the best of both of us and name calling drama ensued. Obviously, I "will never work in this town again". I don't expect another communication, except probably a lawyer. Do I have any "right" to use his equipment as "hostage" ?
2006-08-07 07:01:13 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Standard legal answer. It depends.
Many states have what are called "mechanic's liens" which allow you to hold property if you haven't been paid for the work you've done on it.
As to outstanding invoices, if things can't be resolved directly, you could try mediation, or seeing if a lawyer can help resolve the dispute without needing to resort to going to court.
All that being said, whenever your legal rights and obligations are at issue, you should with a licensed attorney. Never rely on the random advice of anonymous posters on the internet.
2006-08-07 07:23:06 · answer #1 · answered by coragryph 7 · 2⤊ 0⤋
It's really going to come down to what your contract with the client says. If there is no contract, and you invoiced him, then it's a past due invoice, and he owes the debt, regardless.
If you have a contract, and how you are to get paid is outlined in that contract, and you didn't meet your end of it, then you are in the wrong.
As to whether or not you can keep his equipment as payment for a past due invoice, well, that's going to depend upon the laws in your area.
sounds like you should consult a lawyer.
2006-08-07 07:09:39 · answer #2 · answered by Chris H 4 · 0⤊ 0⤋
Make up a new bill with new dates and what not....and RESUBMIT THE BILL. But do not inflate any of the prices and do not try to make any more money on the overdue bill. If THAT one doesnt get paid...take him to court. Im pretty sure you can not hold his equipment hostage though. It doesnt belong to you.
2006-08-07 07:07:47 · answer #3 · answered by akebhart 4 · 0⤊ 0⤋
No - you do not.
Depending on the amount, take him to small claims court - or - file a lien on his property. That way, you have some protection. Do it right away, or he can come and get it! You can't hold it with out a lien.
2006-08-07 07:10:15 · answer #4 · answered by Blond Logic 4 · 0⤊ 0⤋
Sadly, no.
You DO have a right to use the signed contracts between you in a court of law as proof that he owes you back wages or commissions. That is leverage enough.
2006-08-07 07:07:09 · answer #5 · answered by silvercomet 6 · 0⤊ 0⤋
bad situation, but no, you can't hold their stuff. seek legal counsel.
2006-08-07 07:06:38 · answer #6 · answered by eternity 3 · 0⤊ 0⤋