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Topic: didn't get paid, now what?
| Author | Message |
| Chameleon | Posted – 9/27/2006 12:44:08 PM | show profile | email poster A publisher courted me for months and eventually used my 10-year long relationship with a celeb for what I was told to write as `the best profile on this guy ever' cover story. When the PR person decided the story should only be on certain topics, they never responded to most of my follow-up questions. Apparently the publisher caved and didn't tell me. He kept telling me how good it was and sent me back a gently edited piece to look over. Without being asked I added more about what the PR person wanted. When I saw the story in glossy print, however, another writer's name had been added as a co-writer. Major sections of the article that referred to me being in various places with the celeb were cut out, as was most of the person's "profile" background. It concentrated only on the things the PR person wanted mentioned. Since then - May - my name has been stripped off the article on the Internet and I have never been paid. I have been sending bills and I finally sent one certified, return receipt requested, last week and just got back the signed receipt. The publisher is from another state, and to date, does not have an office in NYC, but does distribute the magazine here. He has been threatening me with not getting paid if I "bad mouth" either himself or his magazine. Yesterday he sent an email saying he wouldn't pay me because he found out I had told someone I hadn't gotten paid! The bill is under $5,000. I spent a lot of time on this and it is now aggravating me further. To sue in Small Claims I would have to fly to the other state [and cut the bill]. To sue in NY Civil Court it is a $210 fee and he would have to be served in person. Any suggestions? |
| JaneSays | Posted – 9/27/2006 3:41:09 PM | show profile | email poster Personally, I'd like to kick this guy in the nuts for you. But that wasn't your question... Do you have a contract? Either way it looks like you'll be paying something to get your money so I'd hire a lawyer to draft a letter informing him that you will take him to court if the fee isn't paid in full. I wonder, can't you charge him for lawyer and court fees if it goes to court? |
| dribbledrive1 | Posted – 9/27/2006 5:21:09 PM | show profile You need to check this, but I believe if you sue someone you can also sue for court costs. So if you sue in NY Civil Court, you could ask him to pay for the filing fee and service of the papers. No matter what, if you go to court, it will require some time and (at least some upfront) costs. I'd suggest you read your contract carefully to see what it says about handling disputes. |
| Neo | Posted – 9/27/2006 11:01:23 PM | show profile | email poster I think you need to look into the law. I do believe you can sue in NY Small Claims--you don't have to fly to the other state (unless you are inferring that the statutory maximum in NY Small Claims is less than what you are suing for, and you want to recover the entire amount). I don't think the fee in Civil Court is $210, either. It's more like $35. And you can call the Sheriff's office in his town and they'll serve him in person for a small fee (like $15). I also don't know how aggressive you want to get--for instance, you could ask an attorney friend to send a "cease and desist" order or something like that so he'll have to remove the article from the Web since you haven't been paid and aren't getting credit for it. It sounds like a tough situation, and I wish you a successful outcome. |
| Marie | Posted – 9/27/2006 11:31:10 PM | show profile I think $5,000 is too much for small claims court. Have a phone consultaion with an appropriate lawyer, and have the lawyer draft a letter for you. This is usually enough to scare a deadbeat. Unless your contract says something about handling disputes and you've broken the provisions, his claim of not paying you because you told someone you hadn't been paid is too ridiculous to even entertain seriously. You're really dealing with a no-nothing. Threatening to sue is a far cry from suing. Most cases are settled. So the chances that you'll actually be going to court are further than remote. As I said, pay a lawyer $350 (if it even costs that) and get a letter written. As I said, call one. Often instead of an hourly rate, they have a package rate of between $350-$500, which will include an hour in-person consultation, and a little follow up from the lawyer (a few letters and phone calls to the offending party). I know. I've done this in NYC (not over nonpayment but over an employment issue), where legal advice can cost a lot It was the smartest money I ever spent. Even if you can sue in small claims and win, it only results in a judgment against the other party. No one forces them to pay you. If you tell us where you're located, someone might be able to recommend someone. Or ask friends and family. Or consult Martindale-Hubbell, which lists lawyers by location and specialty. Let us know how this comes out. |
| Lotus665 | Posted – 9/28/2006 9:10:23 AM | show profile All good advice -- the demand letter is best and easiest. I live in a major E.Coast city and my lawyer charged $250 for the consultation and thought it would take about half an hour to write a demand letter and do one follow up call if needed (for an extra $100). This was over $8000 owed. When you get into those figures it's worth spending 5 percent of it to get the rest. |
| Marie | Posted – 9/28/2006 9:47:41 AM | show profile And you'll feel some relief by handing this matter over to a professional. This is too much to take on by yourself. |
| Chameleon | Posted – 10/2/2006 4:53:14 PM | show profile | email poster Thanks everyone. I checked with Small Claims in my town and they told me I don't have jurisdiction unless I go to the other state and file there. I can sue in NY Civil Court. I called and spoke with the clerk. The current Index No. fee is $210. Years ago it was $35. I can file pro se [which is without a lawyer - i used to work ina law firm and have some litigation experience]. But I do have to hire a firm in the other state to serve the Summons & Complaint. My husband is a lawyer and while this isn't his area of concentration, he has given me advice and can easily write a letter, however, the publisher knows this and obviously doesn't care. I figure I'll have him send a letter as I am filing. I just have to work on the proper documents and take time now from other deadlines. I checked with the mag's state and they have already forgotten to file corporate documents and their current address - which I do have - but there is NO penalty for them - they simply refile if they remember! |
| Marie | Posted – 10/3/2006 1:18:56 AM | show profile Again, I wouldn't screw acround with small claims court. I'd pay the money and hire a lawyer (someone who can bring a case in NYC) to write the letters and make the phone calls. As I said before, you can win in small claims court and never collect a penny. So you win. Big deal. The court does not enforce the other party to pay you. And look at your time this is eating up. |
| Venus | Posted – 10/3/2006 11:29:45 AM | show profile I agree with the previous post. Don't start court proceedings until you've tried sending a strongly worded letter from a lawyer first. I've seen this tactic work several times. |
