Re: Getting a Client to Pay

Subject: Re: Getting a Client to Pay
From: Elna Tymes <Etymes -at- LTS -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Thu, 25 Oct 2001 12:57:07 -0700

The Latest Chapter in the Soap Opera Called "The Client From Hell"

When we last heard from our heroes, they had hired a large legal firm to sue
the Client From Hell and had hired a PI to collect personal, credit, and
criminal information on the three principals of the CFH. Said legal firm had
served CFH with a certified demand letter (delivered at home, in the evening,
for maximum shock value). CFH had also hired a large legal firm, and the two
sets of lawyers were talking about things. Our heroes had also prepared and
sent their lawyers a huge annotated email file, showing what had been agreed to
by whom and when.

Our heroes had decided to go this route because the amount CFH owed our heroes
was well over the maximum amount allowed in Small Claims Court.

Our heroes had also investigated filing mechanics' liens on the property of the
principals, filing a lien on the development software being produced and sold
by CFH, and filing an injunction on CFH against shipping any software or
hardware to their clients. The mechanics' lien approach wouldn't work because
it would require proof that the services that had been provided were for use on
the principals' personal property - such as their homes, their cars, etc. The
lien on the development software might have worked, but their lawyers said that
it was a pretty gray area in the courts, and our heroes could lose depending on
which judge looked at the application. The injunction might work better, but
their lawyers felt it was more appropriate to first explore what
lawyer-to-lawyer negotiation might produce, since the injunction would be more
costly because it had to be filed in Municipal Court.

In today's episode, our heroes receive a certified letter containing a check
which reduces the total amount due to just barely over the limit allowed in
Small Claims Court. After talking with their lawyers to determine whether they
can deposit the check without jeopardizing their overall case, our heroes meet
to discuss whether to continue to press for damages or shrug and troop off to
Small Claims Court.

Stay tuned for further developments.

Elna Tymes
Los Trancos Systems

PS: Offline, I am willing to identify CFH so that any other writers desperate
enough to consider working for them at least are forewarned.

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RE: Getting a Client to Pay: From: david . locke
Re: Getting a Client to Pay: From: Julia Land

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