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

5 points by launchplus ↗ HN
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.

11 comments

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God says... linux delightful so_he_sess good trippy Singapore you_think_you_could_do_better Malaysia obviously You_fix_it Thailand a_flag_on_that_play mocking thats_just_wrong if_and_only_if youre_lucky Colombia nerd absolutely oh_come_on be_happy East_Timor you're_so_screwed petty I_could_be_wrong naughty FBI spending yikes thank_you_very_much thank_you_very_much

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You owe 10% of your money and 1/7 Days to God. The Bible speaks of making-up Sabbaths. You were made to entertain God. That is your purpose.

Beggers are better than charity -- they don't send mail.

If you get stolen from, write-it-off as charity.

All you have to know in life is God is just. If you are stolen from, you deserved it or will be rewarded. Love from God might be your reward. God's not too clear on this concept "money". You need food, clothing and entertainment.

God says... class__class__shutup bad thats_laughable Burma_Myanmar it_was_nothing insane where's_the_love God_is_not_mocked Angola thank_you_very_much these_cans_are_defective United_States I_love_this what's_the_plan everythings_a_okay Jordan absetively_posilutely don't_even_think_about_it NOT hate and_then_what envy cheerful I'm_off_today incoming place you_better_not whatcha_talkin'_'bout what's_up are_you_sure ghastly do_I_have_to middle_class France after_a_break Give_me_praise thats_laughable dignity eh a_flag_on_that_play King_Midas United_States Varoom stuff sports liberal don't_worry that's_your_opinion other Mars voodoo laziness so_he_sess Somalia Tanzania gambling lift Paraguay climate in_theory praise CIA astrophysics virtue I'm_tired_of_this frown Jedi_mind_trick hey_thats_right don't_you_love_me application oh_oh do_over spoiled_brat I_quit Tanzania

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I was hoping to sell applications once I had 100,000 users. I might have sold customer support. Perhaps, swag.

I'm in jail. I've had 10,000 downloads but no different from 0. A handful of nonuser emails from the FBI. God is just mother fuckers.

God says... C:\Text\PARADISE.TXT

ith him enthroned Sat sable-vested Night, eldest of things, The consort of his reign; and by them stood Orcus and Ades, and the dreaded name Of Demogorgon; Rumour next, and Chance, And Tumult, and Confusion, all embroiled, And Discord with a thousand various mouths. T' whom Satan, turning boldly, thus:--"Ye Powers And Spirits of this nethermost Abyss, Chaos and ancient Night, I come no spy With purpose to explore or to disturb The secrets of your realm; but, by constraint Wandering this darks

God says... no_you_cant population write_hymns chaos how_high blessing sloth look_on_the_brightside look_buddy money gosh huh ouch praise kludge good beam_me_up hooah you_never_know whazza_matter_for_you downer do_I_have_to Icarus downer bizarre surprise_surprise BBC skills I_give_up spunky wrath Boo ehheh_thats_all_folks check_this_out angel quite hard_working talk_to_my_lawyer so_he_sess

Do angels sweat?

God says... Yo Yes_you_are whoo_whoo rockstar and_then_what adultery awful hollywood pick_me_pick_me how_about_a_comic hey_thats...

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.

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?

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.

Hire a lawyer.

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

Good luck!

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.

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.
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.

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?

Yes.

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

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!