Discussion:
Myself and a partner run a small web design/programming business. We have been working with one of our clients for 4+ years. He was one of our first official clients and our contract was a handshake. I know, we know better now and don't do business this way any longer, but did not get a signed contract from this particular client. It has been increasingly more difficult to get payment from him in the last 8-12 months. Right now he is 2 months in arrears to the tune of $6500.00. His last payment check to us was returned. What recourse do we have in removing all of our design/programming work from his site? Any suggestions appreciated. Thank you.
Answer:
Your remedy is to stop doing new work and sue him for what you are entitled to.
Self-help by using your access to the site and removing or destroying work that you delivered -- even though he did not pay yet -- is wrong and could get you to owe him far more and create other trouble that goes well beyond the money due you.
Answer:
We had no plans to go in and remove anything. However, if he does not pay his balance, we do not want to allow him any further use of our design/programming elements. Is it not true that we own the copyright to this material, as we never released any copyrights to him? I understand from some basic research that we would need to request the removal in writing to him. I'm in CA btw. Thanks again for your very quick answer.