I am a graphic designer in Houston, TX.
I recently completed a multimedia project for a client (instructional DVD - shot and edited, design of DVD Cover, Label, Banner for website,...etc). She began making a few payments...but since the last version of the DVD she received (90% complete - just some tweaking needed) she has stopped sending payments and has avoided calls.
The last disc I gave her was so she could show her "investors" to get testimonials,etc. It appears she is using this disc & selling in online...as well as using all of the marketing materials I created for her.
She has a balance due of $500. I know this is not a huge dollar amount that would justify hiring a lawyer at $300/hr.... but I am checking out all my options.
I want her to Cease & Desist using my materials for her commercial gain - this is my priority. I would also like to get her to pay her remaining balance due. (I have all email correspondence with payments she made what is due that I sent to her periodically)
She is jumping through hoops and playing games to avoid the situation.
I recently sent her a C&D letter myself via Certified Mail - she refused this letter. A few days after that, she emails me with details of how she should not owe me more money and how she is (all of a sudden) not happy with the work. She even suggests we should go to small claims court so the judge can hear our case. She knows I tried to send her an official notice and is trying to cover her butt, somehow.
I am looking for resources on dealing with this on my own. I can not afford legal fees - but I also want to do the right thing. It is not right that she is using my materials without making a final payment.
What recourse do I have? What steps should I now take? Is Small Claims Court the only option for me? I know the only way I can get a court order demanding her to Cease and Desist is via the Civil Court... Can I represent myself?
Sorry for the long story... but I just need some help!!
thanksWhat is the name of your state (only U.S. law)?
I recently completed a multimedia project for a client (instructional DVD - shot and edited, design of DVD Cover, Label, Banner for website,...etc). She began making a few payments...but since the last version of the DVD she received (90% complete - just some tweaking needed) she has stopped sending payments and has avoided calls.
The last disc I gave her was so she could show her "investors" to get testimonials,etc. It appears she is using this disc & selling in online...as well as using all of the marketing materials I created for her.
She has a balance due of $500. I know this is not a huge dollar amount that would justify hiring a lawyer at $300/hr.... but I am checking out all my options.
I want her to Cease & Desist using my materials for her commercial gain - this is my priority. I would also like to get her to pay her remaining balance due. (I have all email correspondence with payments she made what is due that I sent to her periodically)
She is jumping through hoops and playing games to avoid the situation.
I recently sent her a C&D letter myself via Certified Mail - she refused this letter. A few days after that, she emails me with details of how she should not owe me more money and how she is (all of a sudden) not happy with the work. She even suggests we should go to small claims court so the judge can hear our case. She knows I tried to send her an official notice and is trying to cover her butt, somehow.
I am looking for resources on dealing with this on my own. I can not afford legal fees - but I also want to do the right thing. It is not right that she is using my materials without making a final payment.
What recourse do I have? What steps should I now take? Is Small Claims Court the only option for me? I know the only way I can get a court order demanding her to Cease and Desist is via the Civil Court... Can I represent myself?
Sorry for the long story... but I just need some help!!
thanksWhat is the name of your state (only U.S. law)?