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Topic: Legal help for freelancer who got stiffed
| Author | Message |
| susanspeer | Posted – 3/17/2008 7:25:43 PM | show profile I did a huge Web content project for a client who refused to pay, never offered an explanation for not paying, ignored all payment demands and a year later, posted my content on the client's corporate Web site. After trying to collect on my own, I've now been through three attorneys who determined that it was breach of contract and agreed to take it on but ended up having a tough time keeping it on the top of their stack. The reality is that the amount owed to me (nearly $6k) is nothing to most law firms, but it's a significant hit to a freelancer, and I just don't want to let this guy off the hook. I'm in Texas...does anyone know of any legal resources available to freelance writers? Thanks! |
| seeattleme | Posted – 3/17/2008 7:51:47 PM | show profile Small claims is your best bet. Is this in NY or Texas (the publication)? I'm not certain if the publication is sold in Texas that means you can file small claims in NYC. You may have to file where the magazine is published. Small claims reps should be able to help you with that. |
| susanspeer | Posted – 3/18/2008 12:14:48 AM | show profile Too much $ for small claims Thanks for your reply...The amount of money the client owes me is too much for small claims - in Texas, anyway. I'm in TX, the client is in TX, though he maintains corp hq in CA. I've considered just about every legal option out there and going after the client for breach of contract is the best option. I'm not looking for pro bono, I just want to find an attorney with some tenacity, who won't let this sink to the bottom of the pile in favor of bigger fish. Thanks again! |
| chucho | Posted – 3/18/2008 5:02:40 AM | show profile Common advice in this situation is to cut your losses and file a small claim for the maximum. In NYC it is (or was) $3,000. This is assuming you have proof of your claim, like a contract. It's easy to file small claim (there's a small fee, $50 or less). If you win the case I thin the judge will file a lien against the company (or threaten to do so). But if the company is filing for bankruptcy, give it up. You're a freelancer and therefore have fewer rights to claim money (compared to so-called "secured lenders"). It's a waste of time if the company is filing bankruptcy. I think you can file this as a loss on your taxes, though. |
| seeattleme | Posted – 3/18/2008 12:50:00 PM | show profile I thought NY small claims was more than that. SMall claims is the only alternative, really. No lawyer will take a case that results in a $6,000 pay out. Lawyers make $200 an hour. Good ones, anyway. Can you get a relative/lawyer to do it for free? Or even just pay a lawyer to draw up a letter demanding payment? A few times I have written and sent such a letter and hace CC'd it to an attorney (I have some friends who are attornies, it's not even the kind of law they practice, but just having it CC'd to an attorney often prompts them to action. Otherwise see if an attorney will write a letter for you for a hundred bucks or so. Otherwise, small claims or let it go. And when you go to vote for Governor this year, vote for someone who will raise that small claims limit by the way. It ought to be at least $5,000. |
| Lula | Posted – 3/25/2008 3:01:26 PM | show profile Lawyers for the Arts You might check out Volunteer Lawyers for the Arts: http://www.vlany.org/ They do pro bono and advocacy, and might be better suited to help you out. |
| LoDo | Posted – 3/25/2008 6:28:24 PM | show profile | email poster Consider joining the National Writers Union (nwu.org). They specifically represent freelance writers and have a Grievance Service. Trust me, they're extremely helpful. ------ Lori |
| foodlit | Posted – 3/25/2008 8:23:47 PM | show profile If you go small claims and win, you may be eligible for triple damages (maybe, not entirely sure), but if so, that could help. |
| PatriciaJ11 | Posted – 3/27/2008 6:32:36 PM | show profile | email poster Remedy what you can - and ignore what you cannot I've been there with injustices like this. Emotionally and financially you cannot compete with the big guys - and the lawyers only get interested if it is 50K or more. If you go to small claims (in my state 5,000) and win, they may be willing pay you the full sum out of embarrasment. If not, you can write the rest off as a loss on your taxes. Or you can do what I did, get angry, spend 4K and end up with months of wasted time, wasted money, and still no settlement and no constructive outcome. Just a thought before you take the plunge. Good luck ------ PatriciaJ11 |
| ingride | Posted – 3/30/2008 9:39:47 AM | show profile see "Office of the Self-Represented" Many courts have an "Office for the Self-Represented" to provide help for people who do not have lawyers. (This is not abt small claims court.) The staff there will likely be lawyers or paralegals. They do not give legal advice, but they do tell you what forms you need to fill out to make your own claim, will explain the attachments/documents you need to provide (contract, correspondence, your bills), etc. See what the self-rep office says abt getting the name of your client's lawyer. Do it by snail mail (?) certified mail (?). You may want this record to show to the judge in case your client refuses to respond. If the office of the self represented says the statute of limitations has expired, see if you should file your claim based on the day your copy went live at the web site. (In other words, let the limitations stuff be the judge's decision, not the self-represented office's decision?) When the paperwork is done you need distribute copies of your claim and all attachments to numerous parties. Ask abt that: the lawyer for your client; maybe the lawyer for the web site; some Texas state legal office as well. Process servers are expensive; you may not need one. A friend who is not involved in the action maybe can deliver these docs for you. Ask at the self rep office. Watch the calendar. There may be tight deadlines from the time (if and when) the judge accepts your case to the time the documents need to be delivered. Unless your client does pro bono work, it's not at all clear that you need a written contract, in the event you do not have one. Even if the court you need to file in does not have a formal office for the self represented, there may be someone who gives out this kind of advice. Be persistent. As to your $6,000 claim, ask about what you should add: the cost of filing (minimal, but add it), transportation to the court, photocopying, "statutory interest", etc.). See if you can find someone to give you advice abt if you want to also ask for punitive damages, which you prob won't get, but what the hey. (This is prob not the kind of advice self-rep office can give you.) and Good Luck! |
| LA girl | Posted – 4/3/2008 11:54:09 AM | show profile | email poster you might try ANGELA HOY www.writersweekly.com here's what she will do http://forums.writersweekly.com/viewtopic.php?t=4626&sid=8595c3dc59f71d3c52cbfa0e015ec2be you do need to email her directly and or be able to provide her all the details of your situation. here's what will happen to your person in texas.. http://www.writersweekly.com/the_latest_from_angelahoycom/003628_09132006.html The forum used to be available to all but then here's why it was frozen and then she posts after she has resolved any situation http://www.writersweekly.com/the_latest_from_angelahoycom/002515_03232005.html good luck. been there.. fyi-- I have had problems with magazines that are still publishing that failed to pay me everything due me-- really sad.. it's about 2k at the time and now with interest is over 5 |
