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Old 30.05.2007, 12:21
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Small Claims court?

Hey Guys,

I have a little problem. I'm a freelance graphic designer. I did some work for a freind of mine a few years back, 2 web sites, 2 logo's, 2 bussiness cards. Since it was a friend of mine and I had money, I didnt stress.

But last week I sent him an email requesting him to atleast pay me anything. He owes me round Fr.3200. What I got in return was a very rude, very unessesary email. Which brings me to the conclusion that I will not get paid the conventional way.

In South Africa, there is such a thing as a small claims court which could handle this. However, I have absolutely no idea what to do in .ch. What do you guys recommend? Anyone have a simmilar sittuation?

Any help would be great!

Thanks!
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Old 30.05.2007, 12:39
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Re: Small Claims court?

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Hey Guys,

I have a little problem. I'm a freelance graphic designer. I did some work for a freind of mine a few years back, 2 web sites, 2 logo's, 2 bussiness cards. Since it was a friend of mine and I had money, I didnt stress.

But last week I sent him an email requesting him to atleast pay me anything. He owes me round Fr.3200. What I got in return was a very rude, very unessesary email. Which brings me to the conclusion that I will not get paid the conventional way.

In South Africa, there is such a thing as a small claims court which could handle this. However, I have absolutely no idea what to do in .ch. What do you guys recommend? Anyone have a simmilar sittuation?

Any help would be great!

Thanks!
A few years ago...Since it was a friend of mine and I had money, I didnt stress...

Doesn't sound like good business protocol to me. I don't know the law but is it worth the hassle? Was an agreement ever made, in writing, and correspondence regarding outstanding payment for work done?

Without anything in writing I should imagine you don't have a leg to stand on, it comes down to your word against his.
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Old 30.05.2007, 12:48
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Re: Small Claims court?

Did you agree a price before starting? Did you even discuss a price? You'd be amazed what 'friends' expect for free.

If this really was a commercial deal, what are you doing asking for money on a job done "a few years back"?? How many years?!?

That said, if you have access to their website, I would remove it and put a notice there that it will be restored when it's paid for...
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Old 30.05.2007, 12:49
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Re: Small Claims court?

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Hey Guys,

I have a little problem. I'm a freelance graphic designer. I did some work for a freind of mine a few years back, 2 web sites, 2 logo's, 2 bussiness cards. Since it was a friend of mine and I had money, I didnt stress.

But last week I sent him an email requesting him to atleast pay me anything. He owes me round Fr.3200. What I got in return was a very rude, very unessesary email. Which brings me to the conclusion that I will not get paid the conventional way.

In South Africa, there is such a thing as a small claims court which could handle this. However, I have absolutely no idea what to do in .ch. What do you guys recommend? Anyone have a simmilar sittuation?

Any help would be great!

Thanks!
The process is called Betreibung and is effectively the same as a small claims court. You can use it cheaply to get the money from him without needing paperwork but you would need to send him a bill for a specific amount which he needs to refuse or actually not pay before starting this process. You can find plenty on Betreibung in this forum.
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Old 30.05.2007, 12:55
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Re: Small Claims court?

Two thoughts... First, people don't know how much work is required for good graphics and websites (also applies to other work done with 'puters and even to efforts that don't involve a PC). Second, it doesn't sound like you made a verbal contract (such a contract is difficult to prove but legally binding nonetheless). You did your friend a favor and now he has a moral debt, but that's not a monetary debt...

Should I misjudge the situation and you have in fact made a verbal contract ("party A does X, party B pays Y, handshake") you can initiate a Betreibung (prosecution) and will likely end in court, but don't get your hopes too high.
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Old 30.05.2007, 13:03
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Re: Small Claims court?

Don't mix business and pleasure. I would go the moral debt approach (or would have at the time). Why are you raising it now (doesn't negate your claim, just interested) ?

dave


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