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Can I be sued???

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  • Can I be sued???

    Hi everybody. A year ago I started a freelance business with a friend in the US, but we haven't been able to register our mark, since its expensive for now, We made a simple website for $xxx close to 7 months ago, we got paid and It was over. We promised him a free update, something like new info or stuff like that, nothing too complex, just uploading stuff. He never send anything, now his website is down and he aggressively said he wanted to sue me and that if by Friday the website is not there he will proceed with charges. I said I would do it but two days after that, because I don't have time, he still insists on suing me on friday. No papers signed, all word agreement, just an invoice for reference.

    Is this an scenario where I can actually be affected, any advice? thank you.
    Last edited by Juanm89; 02-15-2017, 01:13 AM.

  • #2
    If you're business is a sole proprietorship, then yes all legal responsibilities would fall on you personally. Having your friend involved would technically not make you a sole proprietorship, but without having registered as an LLC or anything else, it's difficult to say what you are.

    I'm not a lawyer but I would guess that emails would come into play on this one. I would round up any email correspondence you had with this client about his project.

    Just curious; why did his site go down? If he's only had the site for 7 months I can't image his domain or hosting plan expired.


    • #3

      You, and anyone, can be sued at any time, by anyone, for anything. Whether the petitioner actually has standing, can prove measurable damages, and has material evidence of your liability and culpability, not to mention your own defense-ability to the action, are all separate matters, subject to pending and respective determinations.

      You haven't given us nearly enough information to weigh the viability of a case from either side.
      I'd rather be killed than come to your party, but if you don't invite me, I'll kill myself.


      • #4
        We aren't lawyers. Certainly not international lawyers.

        Like HB said, the answer is Yes.
        but you don't provide nearly enough info, especially as to why the site went down.
        It might be a good idea to consult a real attorney.


        • #5
          You're too busy to do work you agreed to do ? You are leaving yourself open to being sued, for no good reason that I can see. If you break an agreement with an american business their first call is going to be their lawyers.
          Time flies like an arrow - fruit flies like a banana


          • #6
            It's one thing to agree to do the work, it's another thing to have to do it out of the blue 7 months after the main bulk of the original contract is complete. Unscheduled work is still unscheduled until the copy comes in, then it's only reasonable to expect a standard amount of turnaround time to complete the work. Arrangements otherwise can be made of course, pushing the potential for overtime charges.


            • #7
              I know it's too late, but what does registering your "mark" have to do with all this? What you should have done was set up an LLC partnership and get a federal EIN. In my state that set me back about $40 and 1-2 hours worth of work. Even for someone nervous about doing the paperwork themselves, there are services out there that are inexpensive.

              Anyways, considering the consequences your client is threatening, if I were you, I'd put everything else in your life aside for a day or two and either put your client's website back up or organize yourself towards making a watertight case why it's not your responsibility to do so. And start looking for a good lawyer.






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