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Topic: when to sue for payment (what else can I do?)
| Author | Message |
| twine | Posted – 8/15/2007 9:50:20 AM | show profile magazine shuts down. magazine isn't paying their freelancers money that's owed. I've contacted the owner, and the person says one thing on the phone (sure, we'll pay you!) and then another over email (I never told you I'd pay you!). suggestions for what to do next? also, there's a bunch of freelancers in the same boat--can we take collective action? |
| writesonwater | Posted – 8/15/2007 11:28:28 AM | show profile Oh boy -- I feel for you. I am aware of a group of jilted writers banding together in one instance to get their money. I am also aware of one writer who could have been in the group settling the matter on his own for less than half he was due. He kept putting pressure on the company (which was still operating for other interests) and eventually he got that. Some of the things that helped him included calling multiple departments within the co. (editorial, payroll, publisher), making a stink where other writers could see it (this only works if the company is still running and wishes to avoid embarrassment) and naming names, because although a publication folds, that publisher still needs to do business elsewhere and under other auspices. I've heard of copying emails you send the publisher to others (and letting him see you're copying others), and keeping strict records and copies of things to create a paper trail. THe other thing that can be hard is to keep working, keep other money coming in etc. |
| Ms. Write | Posted – 8/15/2007 1:28:18 PM | show profile Time for legal intervention I feel your pain--I'm in a similar position where a publisher has given me the runaround for months, trying to play on my sympathies and telling me her business manager has run off and no one else is getting paid as a result, and I should just be patient. Uh, I don't think so. I have bills, and the work was completed and published. So I've consulted a lawyer, who drafted a letter demanding payment, that I'm about to send. How much are you owed? If it's enough to justify a lawyer's fee (usually a percentage of what you're owed), go for it. Of course, if that letter is ignored, then you'll have to try small claims court to get your money. And you'll have to pay court fees to do that. It's all a big pain, and the magazine you worked for, I'm sure, is hoping you'll drop your claim because you don't want to deal with the hassle. Personally, I'm P.O.'ed enough to go for it. Now, it's a matter of principle. Are any of you a member of ASJA or any other writer's group? Sometimes, they are able to intervene. Otherwise, sounds like its time to consult a lawyer. |
| WinonaWriter | Posted – 8/15/2007 1:56:53 PM | show profile Better Business Bureau? I had luck collecting payment in one instance just by filing a complaint with the Better Business Bureau...but I don't know whether that will help in your case, if the company has closed down! Just a thought. Perhaps the BBB could at least point you in the right direction?? |
| WinonaWriter | Posted – 8/15/2007 1:59:30 PM | show profile by the way... I only suggest BBB as a possibility b/c if it works, you can collect payment without having to spend any money. (In my case the payment was only like $300 or something, so it wasn't worth spending money on a lawyer.) However in your case, with the company closing down, you may be beyond the point of BBB being able to help you... |
| Lotus665 | Posted – 8/15/2007 7:26:05 PM | show profile Power in Numbers I'd say band together with the other writers and get a lawyer to write a letter on your behalf as a group. That's much scarier to the deadbeats than a single person doing it. Also, out the magazine!! Right here and everywhere. That's an incentive for them to clear their name. |
| Vox-o | Posted – 8/15/2007 9:09:28 PM | show profile Dose of Reality You are probably screwed. The magazine owes you money, not a person, and the magazine no longer exists. Does the corporation (or LLC, etc) still exist, or was it dissolved? Does it own any property which might be liquidated if you were in fact able to get a judgement? Don't rush to file a lawsuit without knowing the answers to these questions; don't throw away good money after bad. |
