Client isn't paying - do I take the site down?

[ASB]

Hmm - but what if I knew that changing 1 DB value would take the whole site down and, when they call me to fix it (I was the only developer on the project) I say "Well - I'll have a look for you, but you need to pay me first".

I wont be removing files and it would be very difficult to locate where the error came from.

If your contract with them states the goods remain your property until paid for then you are probably entitled to remove them. However if they are not on a server you physically own then you would need to get a court order to do so.

Sabotaging it would be incredibly stupid.

[ASB]

If the company is that bad; your actions won't work.
Send a fax to them and ask them to pay up today or you will obtain a winding up order on Monday.

Unfortunately not necessarily that easy. All they will then do is claim not paid because of some defect the debt is then unproven.

Of course if they say "cash is tight, we'll pay in a month" then the debt is proven and the order can be obtained successfully.

Generally though the threat of obtaining a winding up order will produce some results.

[singhr]

I would take it down but then I am a vindictive old got who believes in an eye for an eye and the law is an ass. Just make sure it's not US Defence related web site or you might find your self extordinarily rendered.

[EternalOptimist]

A mate of mine messed around a bit with a site like this. Next thing he was extradited to the USA and they tasered him a few times just to teach him a lesson
beware

[TheFaQQer]

If you modify the site without permission, then you are probably guilty under the Computer Misuse Act (as I said earlier).

I'm not sure whether you would be guilty of "Unauthorised access to computer material" - if you are, it could see you imprisoned for 6 months and / or a fine of up to £5000.

I'm pretty sure you would be guilty of "Unauthorised modification of computer material", since the Act says you are guilty if

(a) he does any act which causes an unauthorised modification of the contents of any computer; and (b) at the time when he does the act he has the requisite intent and the requisite knowledge.

That means you face a maximum penalty of 5 years and / or a £5000 fine.

Of course, these penalties would only apply in the UK. As I said earlier

Of course, if the server is hosted in the US, then you can expect to be extradited for it.

---

through reasons I can't go into, this is time sensitive and there isn't enough time to go through any legal proceedings.

There would have to be some pretty serious reasons for me to risk £5k and 5 years.

[Tingles]

Are the police ever going to investigate? - Plod wont bother.

The debtor wont be around in a month - they're not going to bring them in.

Better you get paid rather than HMRC after it goes into administration.


"I'm sorry I'm afraid I'm unable to support the website as your account is not up to date"

[TheFaQQer]

Are the police ever going to investigate? - Plod wont bother.

Tell that to Gary McKinnon.

The debtor wont be around in a month - they're not going to bring them in.

If they are using the website as any part of their business, and someone materially impacts the running of the site, and they go out of business, then I would expect some kind of visit.

Plus, of course, monkeyboy might be wrong and they are in business for a long time. In which case, sabotaging their business might not be the smartest thing to do.

"I'm sorry I'm afraid I'm unable to support the website as your account is not up to date"

There's a difference between not supporting the site and deliberately taking it down, though.

[rootsnall]

ok - the whole story is that they asked me to develop a set of .Net controls for their site (which I developed and designed in full). The site was almost done apart from these controls. So - I developed these controls and implemented them on the site.

Now - I could quite easily remove these controls from the site - the site would still work but would be missing some functionality. I could then say that I will reinstate these controls when I receive payment.

I know you guys would suggest that I go through a more professional/conventional approach but, through reasons I can't go into, this is time sensitive and there isn't enough time to go through any legal proceedings. Basically - there's potential that the company wont even exist in a month or so but the website will definitely be functioning for a good while yet.

It's only a month's pay that I'm missing which, while they are having cash flow issues, I'm sure they could scrape together.

I just want to get paid before Christmas.

Sometimes a threat or two ( legal or otherwise ) might do the trick. You know the Co and the people involved so are the best placed to make that call.

One story that always makes me laugh is a builder form my local who had laid a new fancy drive for somebody who wouldn't pay him. He knew they had plenty money and threatened to come and dig up the drive, still no payment. He turned up with a digger and started pulling up the drive, the bloke came out pronto and paid him cash.

[monkeyBoy32]

Things have taken an interesting turn. The client I was working for sold the web application I developed on to another client (which is why the site will be running fine even if my immediate client goes down). Now the client is calling me saying that they have urgent conference calls with the 2nd client and there is more work that needs doing 'urgently'.

So - I think I'll be getting paid what I'm owed before I take your urgent call.

(I'm not working there any more btw but they still seem to think they can emal me and call me whenever they want).

Nice!

[Jeebo72]

Well you are in a good position, to not only get paid, but get paid substantially more!