My jurisdiction is: Washington, DC
I need advice about actions I can take regarding defamation/damage to my reputation in retaliation for my refusal to issue a full refund in connection with services/work product under a specific contract.
I recently posted a couple of threads in the contracts section concerning the background of this issue and will do my best to summarize the situation here:
1. I'm a writer/editor and entered into a contract related to the production of a specific type of document. There was no refund clause in the contract (and with the exception of the recent situation, I've never had a request for a refund or encountered this situation in all the years I've been doing business.
2. In order to produce the document, I required input and information from the (now former) client. This information wasn't delivered despite my request and an e-mail from the client saying that he would provide it.
3. Ten days after the last time the client informed me that he would provide the information, he abruptly terminated my services via e-mal stating that he didn't want to work with me anymore, asking me not to send any further documents, and requesting a full refund.
4. I responded by saying that although I was (and am) under no obligation to provide a refund of any kind, I would be willing to issue a partial refund in consideration of the ex-client's acknowledgement that the partial refund would be the only refund and signature of a release of claims.
After receiving my response, the ex-client said that a partial refund wasn't sufficient and then irrationally said he would "reconsider" working with me if I confirmed a specific date that i would deliver the document contracted for. Given the ex-client's behavior and failure to provide the information needed to produce the document and my real concern that I would invest more time and effort in the job and face further demands from the ex-client, I had no interest in this proposition and chose to ignore the communication.
5. I then proceeded to send a release of claims to the ex-client per my earlier communication and said that he had a week to sign and return the document or it would be null and void. He didn't respond.
6. Then a few days later I was contacted by someone from a website that I have been associated with regarding the ex-client's complaint. The website is an intemediary and refers clients for a % commission. The person asserted that I owed his website the commission fee and that based on what the ex-client had told him, I also owed him a full refund. At the same time, he said that he wanted to hear my side of the story. I shared some basic facts regarding the situation and also forwarded proof that my ex-client didn't contact me through the website, which meant that I didn't owe them the commission and that they were, in effect, a third party that had nothing to do with the dispute. Even though I was able to clarify the situation, I still feel that my reputation has been damaged. It is also clear to me that the ex-client got the name of the website through googling my name in an attempt to get the names of anyone I do business with so that he can damage my reputation.
7. I was also recently contacted by another party with whom I do business regarding this matter. That party affirmed that they would have nothing to do with it; however, the complaint would be noted for the record and could have future implications. I asked to go on the reccord with my own response, which I will be sending them shortly. In this case, I was able to see what the ex-client wrote about me, and one thing that stood out was that he considered it unethical for me to require his signature on a release of claims document in exchange for the partial refund and characterized it as such without providing the full details about the situation. Therefore, I feel that this person's perceives that the best way to force me into giving him a full refund is to go after my reputation by badmouthing me.
At this point, my question is whether or not I should send an e-mail/letter informing him that I am aware of his recent attempts to involve unrelated third parties in the dispute, which is completely out of line, and that in addition, I am prepared to take whatever steps nececessary to protect my professional reputation. My intention is not to threaten this person, but rather put him on notice that I know what he's doing and that there may be consequences. I am also aware that I can also simply ignore what the ex-client is doing and wait for the day that he either drops the matter or takes me to small claims court. Although the amount of money is hardly worth the effort, based on the irrational behavior of the ex-client, it is entirely possible.
Thanks in advance for your advice.
P.S. The ex-client is temporarily residing outside of the country, and I only have an e-mail address; however, I have reason to believe that he will return to the U.S. in the next 6-12 months. And if I'm correct, the statute of limitations for contract disputes in Washington, DC is three years. Please take this information into account. Thanks.
I need advice about actions I can take regarding defamation/damage to my reputation in retaliation for my refusal to issue a full refund in connection with services/work product under a specific contract.
I recently posted a couple of threads in the contracts section concerning the background of this issue and will do my best to summarize the situation here:
1. I'm a writer/editor and entered into a contract related to the production of a specific type of document. There was no refund clause in the contract (and with the exception of the recent situation, I've never had a request for a refund or encountered this situation in all the years I've been doing business.
2. In order to produce the document, I required input and information from the (now former) client. This information wasn't delivered despite my request and an e-mail from the client saying that he would provide it.
3. Ten days after the last time the client informed me that he would provide the information, he abruptly terminated my services via e-mal stating that he didn't want to work with me anymore, asking me not to send any further documents, and requesting a full refund.
4. I responded by saying that although I was (and am) under no obligation to provide a refund of any kind, I would be willing to issue a partial refund in consideration of the ex-client's acknowledgement that the partial refund would be the only refund and signature of a release of claims.
After receiving my response, the ex-client said that a partial refund wasn't sufficient and then irrationally said he would "reconsider" working with me if I confirmed a specific date that i would deliver the document contracted for. Given the ex-client's behavior and failure to provide the information needed to produce the document and my real concern that I would invest more time and effort in the job and face further demands from the ex-client, I had no interest in this proposition and chose to ignore the communication.
5. I then proceeded to send a release of claims to the ex-client per my earlier communication and said that he had a week to sign and return the document or it would be null and void. He didn't respond.
6. Then a few days later I was contacted by someone from a website that I have been associated with regarding the ex-client's complaint. The website is an intemediary and refers clients for a % commission. The person asserted that I owed his website the commission fee and that based on what the ex-client had told him, I also owed him a full refund. At the same time, he said that he wanted to hear my side of the story. I shared some basic facts regarding the situation and also forwarded proof that my ex-client didn't contact me through the website, which meant that I didn't owe them the commission and that they were, in effect, a third party that had nothing to do with the dispute. Even though I was able to clarify the situation, I still feel that my reputation has been damaged. It is also clear to me that the ex-client got the name of the website through googling my name in an attempt to get the names of anyone I do business with so that he can damage my reputation.
7. I was also recently contacted by another party with whom I do business regarding this matter. That party affirmed that they would have nothing to do with it; however, the complaint would be noted for the record and could have future implications. I asked to go on the reccord with my own response, which I will be sending them shortly. In this case, I was able to see what the ex-client wrote about me, and one thing that stood out was that he considered it unethical for me to require his signature on a release of claims document in exchange for the partial refund and characterized it as such without providing the full details about the situation. Therefore, I feel that this person's perceives that the best way to force me into giving him a full refund is to go after my reputation by badmouthing me.
At this point, my question is whether or not I should send an e-mail/letter informing him that I am aware of his recent attempts to involve unrelated third parties in the dispute, which is completely out of line, and that in addition, I am prepared to take whatever steps nececessary to protect my professional reputation. My intention is not to threaten this person, but rather put him on notice that I know what he's doing and that there may be consequences. I am also aware that I can also simply ignore what the ex-client is doing and wait for the day that he either drops the matter or takes me to small claims court. Although the amount of money is hardly worth the effort, based on the irrational behavior of the ex-client, it is entirely possible.
Thanks in advance for your advice.
P.S. The ex-client is temporarily residing outside of the country, and I only have an e-mail address; however, I have reason to believe that he will return to the U.S. in the next 6-12 months. And if I'm correct, the statute of limitations for contract disputes in Washington, DC is three years. Please take this information into account. Thanks.
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