I was thinking more along the line of making threats, but I guess small claims court is feasible.
I don't have a contract, but I do hvae all our Emails, is that good enough?
Written emails could constitute a written agreement in court, but the first thing to do is not threats, but diplomatically sending a post-certified bill with a stern warning that if unpaid will go to court. (Keep the return receipt also as evidence)
If this letter is sent by a lawyer, it has much more weight than anything you can threaten without breaking the law. The lawyer doesn't have to represent you in small claims court, but his or her advice beforehand may be very valuable.
The amount of money on the table determines whether you should contact a lawyer.
Are you both in the same state? If so, there might be some state labor laws that could be in your favor. For example, he may also be liable for your lawyer fees, but only if the court finds him guilty. If the judge doesn't believe there is enough evidence to prove guilt, you are now unpaid AND holding a bill for the lawyer.
I am not a lawyer, nor do I play one on TV. So naturally this doesn't constitute legal advice blah blah blah. http://Findlaw.com has message boards with lawyers who were helpful to me when I had a dispute with an employer. It took about 8 hours of research.
I sent him this Email a couple hours ago.
It's been 18 hours, you have not paid me or provided me with an
explination yet you have relaesed my work which I still own the copyright
to.
If you do not pay me or contact me within the next 12 hours. I will take
further action.
The project was only for $250, so I don't have the funds to pay a lawyer. We live in different states.
Different states may mean you need to do some traveling to file a claim with small claims. It may also mean if he doesn't travel to your state to defend himself that he forfits the case (you win). I think the rules say he has to have property in your state or something. Again, check the laws.
You might be able to file a DMCA takedown request with the ISP of whoever purchased your design. They essentially bought stolen property. This leaves the buyer with the issue of getting their money back, which could be easier than getting paid, and also may mean more money out of the scammer's pocket. But you still wouldn't be paid and the scammer could still get off scott free if they don't persue him.
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But: glad for you that it seems to be working out.