Will I win this small claim, customer refuses to pay me for freelance job?

Posted by Printer | Posted in Small Business | Posted on 27-09-2009


I am a graphic designer. I accepted a freelance contract to put together a publication for small publishing company for $1500 (worth 3k industry standard but I needed the money).
I had them sign a simple contract. They failed to fulfill several of the agreements. They were late in paying the “starting fee”. The duration to complete the project was reduced. They were terribly disorganized and unprofessional, sending me material up to the night of the deadline, never providing a proper master list etc. They had me ship directly to printer without reviewing/approving it themselves (despite my recommendation).
As a result, 1 editorial was omitted that I had received and should have included. I was notified of this after sending the first 30 days past due billing notice. I responded at that time, explaining what must have happened and apologizing. Now after more than 60 days past due they have failed to pay and demand I discount my price. I feel that they were equally responsible for the error, and I fulfilled my obligations under the contract. I completed the job as agreed even with the reduced deadline. There were no specifics on accuracy/quality etc.

If I go to small claims what are my chances of winning? I’ve been told by the better business bureau that I met my obligation, despite the omission (since there was nothing in the contract) but I’m worried this will get dragged out and I’ll never get my money.

I can’t afford an attorney. Does anyone know of free legal resources (online or otherwise) that can help small business owners?
The contract was simple but clearly stated the job to be delivered, the ship deadline, the date(s) payment(s) were due. No specifics on what was to be included in the publication or who was responsible for editing. I know this guy (also a small biz) is struggling financially because he mentioned it during the project. Now he is trying to blame me for loosing this customer.Submited by:LeeH

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