Ask HN: Legal advice for Web developer | Hacker News Reader

Ask HN: Legal advice for Web developer

5 pointsdefendant5 comments

I'm a web developer facing possible court action and I was hoping some of you guys may have had similar experiences and could share them here.

Background:

I'm based in the UK. I have designed/made a website for a client who is now refusing to pay. I currently own the domain name (+ a few other ones related to the business), and have refused to hand them over until he pays. He is now threatening to sue me to get me to hand them over (presumably still without paying for my work).

TL;DR: Client won't pay for site, I own the domains, he wants to take me to court to get them.

More info:

He recently paid, but then cancelled the cheque before I could bank it (which I understand is illegal anyway). I never signed an IP agreement with him so technically I own all my work. Also, we came up with the brand name together, so me buying the .com is hardly trademark theft.

Has anyone here had a similar experience, or does anyone have any advice they could share?

Any help is much appreciated

I don't know UK law, but passing a bad check is certainly illegal in the US and would give you immense leverage against him, at least to prevent the lawsuit. But I'm pretty sure you have to be careful in using that (i.e. talk to a solicitor before making any threats WRT to criminal prosecution).

On the other hand, if he can't afford to pay you, how could he possibly afford the costs of a lawsuit, especially in a loser pays jurisdiction?

(We in the US quaintly call this the British Rule, but it's really the Rest of the World Rule.)

I'm sure he can afford it, it's just a lack of willingness to pay...

For the love of god, talk to a real lawyer, not HN! You might be able to get the advice free at the citizen's advice bureau. Or try direct.gov.uk, maybe.

Out of interest, is it as crazy as you make out or does he have some way of presenting these events so as to make it seem like he might not be totally insane? For the court, I mean.

There's a dispute over the cost - he's claiming to not have known my day rate even though I told him in person and over the phone. Even though he's paid me at that rate before, I suppose he could claim I never told him...

Take him to court before he can take you. This will give you the better position and he will probably get scared and settle.

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