I am an IT contractor and have been working with a local, Jacksonville, FL small business for the last 3-1/2 years. I've built 5 websites, he's only paid for the first one plus I've been maintaining his websites every month during this time frame. I did the subsequent projects based on his WORD to me that he'd pay me my rate and settle up when his business "took off". Well it did, he's making $15,000 a week and he's yet to pay me.
I wrote him a letter in March 2007 reminding him of his obligations under the verbal contract we made, and listed all of the projects I completed under that verbal contract as well as the amount that's now due ($28,000). I explained in the letter that since he had not kept his end of the agreement that a settlement letter would follow and at that time, full payment was due (3-1/2 years is enough time I think to work without getting paid).
Two weeks later, the latest version of the website I just finished building was taken down from the website, my website code and access to the FTP server were both removed without a phone call, letter or email indicating as such.
I called him and he adamantly stated he will not pay the invoice, and was extremely belligerent, and told me that because we had no written agreement that I hadn't a leg to stand on. I explained to him that a verbal contract is enforceable, since I we did in fact agree on the services performed, and that he used those services and that I have invoices for all of them. He still thinks he doesn't have to honor the invoice.
I want to file a lien on his property since I know he's due to refinance his home in the next 60 days. Can I do this? Do I need an attorney to do this? Or do I have to sue him first to get a judgement, and then file the lien?
I'd rather do the lien, from what I understand, I can get my money much quicker since all liens get paid first before the title company cuts any other checks as part of any refinancing deal. I need help on this pretty quickly and I'd like to know what my options are, so I can take the earliest opportunity to recoup what is owed to me.
This is my first post in this forum, so hopefully I didn't violate any rules with a character-limit. LOL
--Monterio
I wrote him a letter in March 2007 reminding him of his obligations under the verbal contract we made, and listed all of the projects I completed under that verbal contract as well as the amount that's now due ($28,000). I explained in the letter that since he had not kept his end of the agreement that a settlement letter would follow and at that time, full payment was due (3-1/2 years is enough time I think to work without getting paid).
Two weeks later, the latest version of the website I just finished building was taken down from the website, my website code and access to the FTP server were both removed without a phone call, letter or email indicating as such.
I called him and he adamantly stated he will not pay the invoice, and was extremely belligerent, and told me that because we had no written agreement that I hadn't a leg to stand on. I explained to him that a verbal contract is enforceable, since I we did in fact agree on the services performed, and that he used those services and that I have invoices for all of them. He still thinks he doesn't have to honor the invoice.
I want to file a lien on his property since I know he's due to refinance his home in the next 60 days. Can I do this? Do I need an attorney to do this? Or do I have to sue him first to get a judgement, and then file the lien?
I'd rather do the lien, from what I understand, I can get my money much quicker since all liens get paid first before the title company cuts any other checks as part of any refinancing deal. I need help on this pretty quickly and I'd like to know what my options are, so I can take the earliest opportunity to recoup what is owed to me.
This is my first post in this forum, so hopefully I didn't violate any rules with a character-limit. LOL
--Monterio
