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I am in Florida. I did contract work for a Web company that is based out of New Jersey. I signed a contractor agreement and I was paid half up front over PayPal. We agreed on an aggressive schedule, yet the lady didn't get me everything fast enough, so the schedule slipped. I completed 99% of the work and without warning she filed a dispute with PayPal for the money she had paid me. I won that dispute. She then decided to issue a chargeback on her Visa, that she used to pay PayPal. PayPal asked me for the same evidence I had already provided them for them to use to talk with Visa. Six weeks later and I was informed that Visa has decided in the ladies favor and I'm out the first 50%. I'm told that I would have to sue her in a New Jersey court. Its only $175, but $175 is still a lot of money and its money that I worked hard for. Do I have any options that don't entail spending more money than the $175 I'm owed?
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Feb 17, 2010 22:01
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| # ¿ Apr 20, 2024 01:43 |
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Vander posted:Likely not. Even just getting yourself to Jersey to contest the charge will cost you that much. That's what I thought. I'm just wondering / hoping if there is some magical, secret "thing" that I can send that does something similar without having to physically be in New Jersey. I feel so used over the whole drat experience. Everything was legit about her business and I gave her an EXTREMELY low rate for the work because of the remaining contracts she had on her plate.
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Feb 17, 2010 22:10
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JudicialRestraints posted:Was your contract written? If your rate was as low as you claimed it was you can sue under quasi contract for the fair market value of your work. I.e. if you can cheaply prove that your work was worth a couple thousand you may conceivably get that much, especially if you delivered work to her under the auspices of the contract that she violated. I'll need to get on my other computer to see, but yes, the contract was written. Given the circumstances and the fact that I was almost complete, could I also sue for the remaining balance beyond the first 50% at fair market value?
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Feb 17, 2010 22:27
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Yeah, justice sounds nice and all. For me its more about financial feasibility. Will the amount I potentially collect be more than the amount spent attempting to collect it. What I'm hearing is that the number isn't necessarily $175, but the fair market value of the work I performed. That number is probably closer to ~$1500.
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Feb 18, 2010 20:13
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Schitzo posted:Perhaps the better question is why you were doing work for an 88% discount. Seems kind of silly to me. Her previous contract programmer had joined the military and got deployed. She was unable to contact him and had to start from scratch but only had $350 left in her budget. She also had five more contracts on standby. I told her I would could do the first one at that rate if she would renegotiate the rate on the other five. Basically, I was taking a hit upfront because of the promise of more lucrative contracts immediately following the first. I made a gamble and lost.
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Feb 23, 2010 18:55
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My friend is in a situation and I'm trying to help direct them to the best lawyer and options for them. The short of it: Family of 6 moves from Ohio to Florida. They pay something like $1,000 to have their stuff moved by a moving company who says they will deliver in 5-6 days. Six days pass and they start calling the movers asking where their stuff is. The people who answer would say nothing but "let me try and figure it out, I'll call you back." No matter how much they would try to keep them on the phone, they would just say they weren't sure and never call them back. At the two week mark, they cancel the check, which a day later finally prompted a response. The company said, "Hey, your check bounced." and my friend responded, "No, it was cancelled, I want my stuff." The company then proceeded to say that they won't deliver until they have the money, my friend said she won't pay until she has her stuff since its already suspicious that she has had zero status and no still no stuff. She has called the BBB and the AG of Florida, but she didn't seem to make much of this. She did her own research and said that going to court would only get her the money she paid for the service back. I think that she's mistaken, I can't imagine someone being able to effectively steal your stuff and only charge your for whatever arbitrary amount they charged. 1) What options does she have, anything I can quote to tell her? 2) What type of lawyer and perhaps any recommendations for Deerfield Beach, Florida?
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Jul 12, 2010 12:30
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Alchenar posted:She wants a contract lawyer. There may be a context specific route you can go but at a minimum she should be suing for specific performance on the contract that they've failed to deliver on. She had already given them the check, the just hadn't cashed it yet. Basically after two weeks, she was trying to figure out what to do and called her bank. The bank said they hadn't cashed the check yet and could stop payment on it. I'll be calling her here in a little bit to talk to her about it.
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Jul 12, 2010 13:38
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| # ¿ Apr 20, 2024 01:43 |
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In December I was wrongfully towed from my neighborhood. I can legally say wrongfully because I filed in Small Claims court here in southern California and after arbitration failed we saw the judge and the judge ruled in my favor. Since then I have been super hesitant to park in the marked spots in my neighborhood and yesterday I finally did, this morning my car was gone again. The same security company for the neighborhood did it. Other than just suing again for the cost of the tow (x2 because of California law regarding a wrongful tow), what are my options? Does it ever become Civil Harrassment and when?
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May 27, 2014 15:15
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