EVEN
AFTER 37 EMAILS, MY MAGAZINE WOULDN'T PAY UP. SO I RESORTED TO A TIME-HONORED
AMERICAN TRADITION — THE LAWSUIT.
BY MICHELLE LEDER
| How long is too long to wait when
it comes to getting paid for the freelance story you turned in weeks or maybe
even months ago? For many freelancers, it's a tricky question. Complain too
often about how long you've been waiting and you're labeled a whiner by the
same editors you hope to win over. Let things linger for months on end and you
become the interest-free lender for some big publishing company, or even worse,
a chump, when the company in question files for bankruptcy protection.
Sure, not getting work sucks. But not getting paid for work that's
already been published sucks much more. Trust me. I know. It recently took 37
emails, 12 phone calls, one Airborne Express letter, and, finally, a small claims
lawsuit for me to get paid the $2,300 owed me for an article I had turned in
this past summer for a finance magazine.
For months, I sat stewing and bitching about how I wasn't getting paid and listening
to increasingly creative excuses about how the check was "in the mail."
(My personal favorite was that it was lost in the anthrax scare). Even repeated
calls to the publishers' cell phone yielded nothing but broken promises. In
three years of freelancing full-time, this was the first time I'd ever had a
problem getting paid. But less than two weeks after filing a suit in small claims
court, I had my check in hand.
Of course, filing a small claims suit against a publisher should
not be taken lightly. You'll probably never get work from that magazine or even
that company again. But then again, you need to ask whether you really want
to work for someone who couldn't care less whether you're able to pay your rent
or eat something other than Ramen noodles. No matter how much fun writers profess
to have freelancing, it is still a business.
Surprisingly, filing a small claims case in New York is both easy
and inexpensive. Courthouses are located in each of the city's five boroughs,
and it only costs $10 or $15 to file, depending on how much you're suing for.
New York is a popular place to sue for writer payments, because it's the home
of many publishers and since small claims must be filed in the state in which
you and the defendant entered into a contract. If you live out of state, keep
in mind that you can file by mail, though you'll still have to physically travel
to the courtroom for the trial. The nice part is that you may also include expenses
in your claim, including airfare, as well as any phone calls you'd made and
overnight letters you'd sent requesting payment. (Click for guidelines on
filing in Boston,
Chicago,
Los Angeles,
New
York, or San
Francisco, or contact your local courthouse for more information on how
to file. Also, there's a limit to how much you can sue for in small claims court.
The amount
varies from state to state; in New York, it's $3,000.)
I chose to file my claim at the courthouse in Harlem, on East
121 Street in an old brownstone building, partly because I know what a zoo the
downtown courthouse can be. But I was also thinking strategically: The magazine
I wrote for is located all the way downtown, and logistically, it would be a
much bigger pain for them to travel uptown to Harlem in the evening (small claims
hearings in New York are always held in the evening), reducing the likelihood
that they would show up. When the defendant doesn't show, the plaintiff automatically
wins. That's why it's extra important on the date of your trial to arrive on
time and with all of your evidence — invoices, emails, letters requesting
payment, and a copy of the published article.
The court's clerks were both friendly and helpful — one even
asked me if I was filing the suit because I was a law school student working
my way through school by freelancing. As if! But the best part about filing
in Harlem was that there was only one person in line ahead of me. The clerk
will ask you a few basic questions, such as why you are suing and double-checking
the amount you are suing for. You do not need to have any documents with you
for this. Ask for the free guide to small claims court — a small booklet
that describes what happens next and talks about how to best present your case.
Unlike the big fat lawsuits that most reporters have flipped through
at least once or twice, the small claims suit is only one page. You'll be given
a simple form to fill out. Make sure you have the company's full name and street
mailing address — the court does not allow P.O. boxes. You'll also be asked
to fill in the amount that you're suing for. After paying the fee (they only
accept cash, so come prepared), the clerk will hand you a piece of paper with
a court date about a month away. I filed on November 16 and my court date was
set for December 20 at 6:30 p.m.
Since I was paid before my court date, after my publisher received
its court summons, I never showed up. But according to the clerks at the courthouse,
most companies that are being sued don't show up either. My publisher —
and many other companies, apparently — find it's both easier and cheaper
to simply pay the freelancer than send an attorney to court. Imagine that!
What do you do when
you don't get paid? Beg,
plead, or resort to more drastic measures? Discuss
on our bulletin board.
Michelle Leder is a
freelance business journalist who lives in New York's Hudson River Valley. Caveat:
The author is not a lawyer.
