Re: Fired! Client wants ALL project related material

The missiles are in the air.

Prepare for war!!! You client has fired the first blow and now you must take defensive action. Pull out all the stops and sue his dumb @@#$$ss.

Forget about hiring a lawyer and go straight to small claims court immediately.

However you need to know some critical information in order to file properly.

1) Full legal name of the defendant (your scumbag client) - I advise naming the individual (full legal name) as well as his company and other parties associated with the deal. Do some research on who are the principals in his company (wife, partner etc) and name them on the lawsuit. Most cities have a division where you can look up who are the principals in a company.

You must name them all individually in order to win a claim against one or all of them.

2) You will need to hire a process server or find a neutral party to deliver "serve" the defendant the court paperwork. You need to be sly about this as you will need to provide the best time and opportunity for the process server to "catch" the client and deliver the paperwork with that great line "You have been served".

3)Here in California even if the client does not show up for the court hearing and you win by default you still have to wait an additional 30 days before your claim if finalized.

4)Winning the case is half the battle collecting the money is the hard part. Unless you have the defendant's bank account information ie checking acount number (did you get any credit information on file prior to taking the job?) collecting the money you are owed is going to be an uphill battle.
The only leverage you have at this point in time is the client's tapes which you should put a lien on.

5) Research the proper paperwork and court procedures to legal file the lien on the tapes so that this does not go against you if he countersues you.

6)If you claim is finalized in your favor immediately file a lien against any and all property the defendant owns. This is your most power "weapon" in this "war". The defendant may ignore you and not pay you immediately but when they go to sell or refinance their property the lien will show up and they are F@#$%%ed. In most cases they respond immediately to clear up the mess. You will be able to collect interest starting from the award date to the date they pay.

7)The small claims process in not a difficult process but rather a drawn out process that will suck up alot of your time but you must be willing to go the full course.

8) Do not take a company,personal or certified check from this scumbag.
FYI certified check can have stop payment issued after they have been delivered. Cash or the following methods are advised.

A) Go to the bank where the client banks at and receive the cash in person.

B)Demand that the client pays with a bank check along with a letter on bank letterhead signed by the bank manager verifying the funds will be available for withdrawal by you when you present the check. In otherwords the bank is assuming responsibility for the check funds.

If the client will not do the two above items and will only pay with a company,personal or certified check then specify the tapes will only be released upon cashing the checks at their bank.
He can meet you at the bank to receive the tapes after you have received the checks.

Use caution during this meeting and bring along other person with you to 1)guard the tapes while you are in the bank 2)watch your back in the event things get out of control.

You have already lost this scumbag as a client so pull out all the stops to get what is rightfully due to you.

9) Don't give up easily.

I sincerely wish you the best of luck. Please keep us informed on how the progress goes.


Tony Salgado



PS- If the small claims course of action is too time consuming for you then consider settling the matter but this may involve giving in to the scumbag for a lower amount.