Ask HN: Need advice, I'm getting sued.

Posted by launchplus on Friday May 11, 2012 @11:06PM
from the ask-hn dept.

I received a lawyer's letter from one of my ex-clients (back when I was doing freelancing), demanding that I pay the fees of a new contractor that they're going to hire for a project which I did not complete previously.

Prior to this, I had already refunded the full deposit that was paid to me, for not completing the project.

It is an insane amount of money, and I do not know what to do now.

( 10 comments | 5 points | on HN )

Re:Ask HN: Need advice, I'm getting sued. by smacktoward on Friday May 11, 2012 @11:44PM (#3962663)

What you do now is get a lawyer.

Do not say one more word on the subject. Not in writing, not in public, not even to your friends over beers, until you get a lawyer. Think of it like the Miranda rule -- now that a legal dispute has arisen, anything you say can and will be used by them against you.

What you shouldn't do now is panic. They've sent you a letter demanding a large sum of money? Big deal, anyone can send a letter. It's not unusual for people to try to bully others by having their lawyer draft a letter full of scary-sounding language that, when parsed by a lawyer, actually says nothing. These people hope you will read the letter, panic, and do something stupid like trying to settle with them before talking to a lawyer.

Don't give them what they want. Get a lawyer.

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by launchplus on Saturday May 12, 2012 @12:58AM (#3962813)

Bad news is, I did drop them an email saying that I hope to solve this amicably.

I suppose I should still go get a lawyer right?

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by smacktoward on Saturday May 12, 2012 @11:27PM (#3965933)

Yes. There's nothing that says you can't settle something amicably while still getting legal counsel. They've roped in their lawyer, now you rope in yours.

When you've found a lawyer, he/she will advise you on what to say and not say from that point forward. In the meantime, the safest course is to say nothing (or at least the absolute minimum you can) from now until then. If you've already sent an email you can't take it back, obviously, so when you get a lawyer be sure to give him/her a copy of the email (and any response you receive) so they can advise you on how it affects your position.

Good luck!

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by ScottBurson on Saturday May 12, 2012 @01:12AM (#3962837)

Yes.

It's possible your email won't have done much damage. Don't worry about it... just get a lawyer.

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by odddogmedia on Friday May 11, 2012 @11:40PM (#3962649)

The fact you refunded the deposit alone should clear you of any responsibility, both financially and work-wise. Smart move there.

Ultimately this comes down to your contract with them. You did have them agree to a contract detailing everything right??

Although some will say a contract is worth as much as the paper it's written on (or how much one is willing to pay a prosecutor) it's still smart to outline expectations from both sides before beginning work.

I'm curious though -- define "insane amount of money".

Also, what went wrong? Unmet expectations? Better offer come along? Burn out?

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by geoffschmidt on Tuesday May 22, 2012 @02:34PM (#4009165)

No, unfortunately refunding the deposit doesn't necessarily clear him of liability. If I say I'm going to do something, and I don't, I can't always get out of the situation by saying "let's pretend I never made a commitment."

That said, I doubt it's as bad as he fears. He needs a lawyer.

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by launchplus on Saturday May 12, 2012 @12:53AM (#3962804)

Well, they're asking me to pay like 5 times the original amount I charged them and this only came after like 6 months since I refunded them the deposit.

As for what went wrong, it's a case of both having a better offer (work at a startup) and burn out from bad experiences with other clients.

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by odddogmedia on Saturday May 12, 2012 @01:06AM (#3962829)

Hire a lawyer.

This won't hold up in court and it will only get worse if you ignore it.

Good luck!

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by mchannon on Friday May 11, 2012 @11:40PM (#3962648)

IANAL.. mainly depends on your original contract, and any strings attached to your refund.

Get an attorney, who'll probably advise you to seek an out of court settlement, if possible.

[ Parent | on HN ]

Re:Ask HN: Need advice, I'm getting sued. by yashchandra on Friday May 11, 2012 @11:40PM (#3962650)

talk to a lawyer immediately. May be it is a mistake, may be they are trying to scare you or may be it is real. In any case, get a lawyer's advice before you take any action.

[ Parent | on HN ]