Legal Question in Business Law in California

non payment of sevices rendered, and loss of materials

Hello, i wanted to know if i have a legit c lame in this, I was asked to make a website for a then new ''friend'', and i told her i would need payment and she agreed to round about 30$ a day, well as time went on she kept changing her mind and asking for new stuff, it started out as a HTML front page and then turned into a flash animated site, she also as payment was going to fix my laptop and install a game the i could not get to work, but in the proses she said she ''Broke'' my comp, she then offered to buy my ''broken'' comp for chicken feed, well after i found out what she did to my comp(she deleted all of the admin rights, and installed some viruses) i went to her and she told me she would only pay me 10$ total for the whole flash site, I lost so much time just fixing my comp and the time i spent on her site too, do i have any legal c lame to damages incurred?


Asked on 11/23/04, 11:37 am

3 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: non payment of sevices rendered, and loss of materials

Probably. If she refuses to pay you for the web site and the computer, and the amount is less than $5,000.00, you can sue her in small claims court.

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Answered on 11/23/04, 1:41 pm
Scott Linden Scott H. Linden, Esq.

Re: non payment of sevices rendered, and loss of materials

I, too, build web sites in my "free" time so I understand your problem very well.

Because this was a verbal agreement there will be a 1 year statute of limitation on your claim. You can, hoever, as Attorney Hoffman stated, file in small claims if the total is under $5000. If it is over that amount, then you will will need to file in Superior Court. (Note that this does include the value of the computer.)

If you require additional assistance, please feel free to contact me directly at 626-578-0708 or through my site (yes, I built it) at www.CorporateProtectionServices.com

Scott Linden

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Answered on 11/23/04, 3:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: non payment of sevices rendered, and loss of materials

I don't agree with either of the other lawyers. You should have known how to correctly set the user permissions on your business-critical system, and you should have known not to give other people admin rights on your system. But maybe you will find a small claims judge who isn't that knowledgeable.

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Answered on 11/23/04, 3:45 pm


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