How long can I wait to take a company to court to collect?
I wrote software for a company in 2004, and they stiffed me on k-k worth of work. They didn’t get the source code for this final stuff, but they were able to run the compiled executable. Can I still take them to court almost 2.5 years later to collect? Are they using my copyrighted software for the past 2.5 years without my permission?
You would have to consult a lawyer, and I suggest you do.
This is a very complicated mater.
1) Did you and your client have a written contract?
2) If you did, what was the breach, what clause was broken?
3) If no contract exists, what other documentation do you have concerning the work to be performed and the payments due to you. Every agreement has a description of the service or good, the parties who agree, the dates covering the time the agreement is active, and the cost of the good or service. What do you have to document the elements of the agreement.
4) Was there fraud by the other party. In other words did they intend to not pay you from the ouset? Can you document this in any manner. Fraud requires you to make a specific statement of who, when, where and how much. If you can make a case for fraud, this is a tort in most states and allows triple damages in many states. So, the $20K claim now becomes $60K.
5) most states alloow between 2 and four years to pursue breach of contract. This is from the date of the breach, fraud is similiar.
I am not a lawyer, you need to get a lawyer working for you. Now the bad news, it will perhaps cost you $20K to pursue this and you may not recover your fees…..
Alternative….go to small claims and limit your claim to the maximum value allowed in your states court system. This you can handle yourself if you prepare your facts on a timeline and document the agreement in place.
Hey man….try google and get better educated on the law.
1) Are you sure they are in violation of the contract?
2) Why did you wait so long?