Much would depend on the wording of the contract - if any.
1- Screen cap that they are using the design now and continue to do that every few days so they have no argument that the design was bad.
2- Confirm the reason they put down for the chargeback. If they used a stolen card it makes a difference. If the put down something like "never ordered anything from such and such company" that is fraud.
3- It it has been less than 90 days since you delivered the final files I would register the design / artwork at the copyright office for $35.00. It doesn't matter if contract says they get copyright because by not paying they breached that contract and have no standing.
4- Sue, Federal Court, Copyright Infringement, Breach of Contract, and if they lied to credit card issuing bank about reason for chargeback, fraud.
Now, what will really happen is a lawyer will write them a letter about this plan and they will try to settle. Then, if they don't you sue.
Important to get copyright filed within 90 days of site first being used / finished ("published")
|