Thread: Getting My Money Back!!

Getting My Money Back

I run an Internet marketing company out of Colorado. I was outsourcing some development an Indian company that has a base in Rochester New York. I had ben working with them for several years prepaying blocks of time. I prepaid $30,000 at the beginning of 2008 for 3000 hours of work. Less than 2000 hours were used up in 2008. I requested the balance be sent back, but they claim that I paid for a flat fee for 2008 and that there is no balance.

I have documents from employees within the company and email that show the balance left on the account. There was no contract for the $30,000 specifically, but I can show that in previous years the balance always carried over to the next year.

I do not want to use the balance up in legal fees. I have spoke to attorneys that say it could be expensive to fight. I have thought about trying to find a law student to help me represent myself in court. I feel like it is a pretty straight forward case. I have also thought about small claims, but the maximum is $5000 in NY.

These people owe me $11,000 and I can't let them get away with this. Like I said, I don't want to use all the money up on legal fees. Please help!

Well, without a written contract, the other side will have a hard time arguing that the fees were to be flat fees, so you are good there.

You are butted up against the problem of litigation. Dickens once wrote about English courts: "suffer any wrong done to you, but do not go there."

Litigation costs money, and your debt is in that netherworld between "don't bother" and "enough money to warrant litigation".

Have you considered, rather than a legal fight, using a little free speech? You could draft negative complaints about their company on popular sites like ripoffreport, and a _____sucks.com website?