Client Back From Dead II
Out of context: Reply #22
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- hellobotto0
Your questions should be answered by the terms outlined in the SOW/contract both of you signed.
If you don't have a contract, taking her to small claims may be a challenge. She could claim that she's unhappy with the end product, and as a result has no obligation to pay. If money AND IP haven't been clearly/cleanly exchanged, the court could rule "no harm, no foul."
Even if you have a contract, the court could take issue with your letting this lapse for nearly a year. "Why is this all of a sudden a concern?" would be the first question a judge asks. By assuming a permissive position regarding non-payment, you may have inadvertently established an unfortunate expectation and precedent.
In other words, if the court thinks you haven't taken your business operations seriously, they might not take your suit seriously.
If you can, retain those admin credentials seeing as it's the last shred of leverage you have in this situation. Fingers crossed you have a solid, detailed contract and best wishes for swift payment.