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scooter2
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PostPosted: Thu Feb 10, 2005 7:57 am    Post subject: Beware! Reply with quote

It has finally happened. After more than 20 years in the v-o biz, I have been burned by a client. He just won't pay! And so I offer to all of you this warning. [client name removed by Admin] To paraphrase a grand quote. Let the seller beware. It burns me to be burned.
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schaer
Contributore Level V


Joined: 08 Jan 2005
Posts: 169
Location: Las Vegas, New Mexico (yes, there is such a place...)

PostPosted: Thu Feb 10, 2005 9:02 am    Post subject: Reply with quote

Maybe this board should have a place where these people can be listed? So we can check a new client against that list.



Bernard
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Frank F
Fat, Old, and Sassy


Joined: 10 Nov 2004
Posts: 4421
Location: Park City, Utah

PostPosted: Thu Feb 10, 2005 9:10 am    Post subject: Burned... Reply with quote

Just a thought Scooter2, have you the paperwork to support your claims?



IF so, go legal. Take him/her to small claims court, get a judgement if you can, and execute the judgement if necessary. It's a hassle, but when necessary just the small claims Order To Show Cause is enough to get some clients to pay up - quickly.



Frank F
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billelder
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PostPosted: Thu Feb 10, 2005 9:24 am    Post subject: Reply with quote

Welcome to the club. Sorry the dues are so high.
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scooter
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PostPosted: Thu Feb 10, 2005 9:44 am    Post subject: BEWARE Reply with quote

I think it would be a fine idea to list dead beats or slow pays..



As for this instance..we're not talking a lot of money..and small claims court is out of the question as this was an out of state deal. So I hope that identifying the guy will get to him.



I will continue to trust the great majority of my clients. I mean...one time out of how many?
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Deirdre
Czarina Emeritus


Joined: 10 Nov 2004
Posts: 13016
Location: East Jesus, Maine

PostPosted: Thu Feb 10, 2005 2:38 pm    Post subject: Reply with quote

I hate it when people renege on their obligations.



If there are more, I will make a Stiffly Stifferson forum.

I will consult an attorney first, though. I don't want any of us getting in hot water for naming a client.
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mcm
Smart Kitteh


Joined: 10 Dec 2004
Posts: 2600
Location: w. MA, USA

PostPosted: Thu Feb 10, 2005 3:29 pm    Post subject: Reply with quote

Thank-you Deirdre, that's an excellent idea. Naming clients publicly scares me, even if it's to protect the rest of us from being burned, which I appreciate also.
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Deirdre
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Joined: 10 Nov 2004
Posts: 13016
Location: East Jesus, Maine

PostPosted: Thu Feb 10, 2005 3:37 pm    Post subject: Reply with quote

I'm working on the legal angle. In conference with a lawyer via IM right this very minute.
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Deirdre
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Joined: 10 Nov 2004
Posts: 13016
Location: East Jesus, Maine

PostPosted: Thu Feb 10, 2005 4:01 pm    Post subject: Reply with quote

OK Gang, here's the dope--



I won't keep a list online because I could be sued. Period. They could be criminals 8 ways from Sunday and know they stiffed someone, but if I post their names in a hall of shame, they can sue me.



Hell's bells-- they could sue me now simply because anyone can sue anyone else for any reason under the sun. So I'm going to edit out the name of the bad guy in Scott's post above.



My lawyer pal asked this:

Quote:
Are you prepared to make the determination whether the allegation of non-payment is legitimate? Are you prepared to prove it if a client sues you? Are you prepared to hire lawyers to defend you against claims, even if you can prove the non-payment?




He also said:

Quote:
you are correct, encouraging people not to do business with other people will get you in trouble.




I think we might be able to institue a private reminder document to help us keep all our contracts in order. If you have any questions, you may contact me via e-mail.
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audio'connell
T-Shirt


Joined: 02 Feb 2005
Posts: 1949
Location: in a dark studio with a single bulb light...day after day after....

PostPosted: Thu Feb 10, 2005 8:51 pm    Post subject: Legal Schmigel Reply with quote

Does your newspaper /TV news have a consumer affairs reporter?



Do you have any paper work or e-mails that leave a trail of your/clients responsibility?



Are you free and clear of any wrong doing in this matter?



If there are yeses to all three, write up your bullet points, practice them a bit, go over them witha lawyer (avoid slander etc.) then dial. State your case. Yours/ours is a kinda of sexy business that could make for great video or a picture in the pape.



Worst they can do is say no and we get that kind of rejection all the time. Sometimes an inquirying call from a reporter gets your bills paid rather fast.
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scooter2
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PostPosted: Thu Feb 10, 2005 9:15 pm    Post subject: Beware! Reply with quote

DB,



I can see your point as far as worrying over a stiffer bulletin board.



But in my case..you do me wrong by editing out the name of my no pay guy. If there were any liability it would be on me..certainly not on the bb.





There is no libel or slander in a truth and I am prepared...nay..I would love to see Mr. Adams come after me.



The good Lord knows I have gone after him.
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Frank F
Fat, Old, and Sassy


Joined: 10 Nov 2004
Posts: 4421
Location: Park City, Utah

PostPosted: Thu Feb 10, 2005 11:50 pm    Post subject: Not being a Lawyer - thank goodness... Reply with quote

... I still would suggest the "small claims court". Even though the culprit is out of your state/area, if you have no culpibility, have good paperwork to back your claim, and are willing to follow through with your actions - you may have a slam dunk case. If the "client" is not in your area/state you would notify them by mail of a hearing on such and such a date. If they do not show - you get a judgement and prepare to execute that judgement. If by chance the client shows, have your paperwork and your proof of claim available and present that to the Judge. It is more likely they will not show or will offer you a settlement prior to the court date - but, you never know.



At the very least, spend a few dollars with an attorney and write a demand for payment letter, if the culprit is a busines entity - report it to the credit agencies - but DO something.



DB, good decision! Although, even I (heaven forbid :wink: ) have had my fair share of "deadbeats" and wanted some kind of forum to air my grievances - this forum is not the place.



Although Scooter2 has accepted responsability for his actions - there are other issues which would leave DB and this forum culpable.



Be careful what you say and where you say it. Something like "be careful what you wish for.



Unfortunately, I know enough of the law to be dangerous. Again, DB a wise decision.



FrankF


Last edited by Frank F on Fri Feb 11, 2005 10:46 am; edited 1 time in total
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Deirdre
Czarina Emeritus


Joined: 10 Nov 2004
Posts: 13016
Location: East Jesus, Maine

PostPosted: Fri Feb 11, 2005 3:50 am    Post subject: Reply with quote

Thanks for all the input and ideas, y'all.



Scott-- I am culpable for everything that happens on this board because I am Administrator/Moderator.



Anyone is entitled to an opinion. This is OK.

"Blaine Stiffly of Stiff Productions in Holland Tunnel, Wisconsin is a jerk. He didn't pay me for my last job."



This is not OK.

"Don't ever take any work from Blaine Stiffly. He's a deadbeat."



Dig? It's a fine line between libel/defamation and one's right to be pissed off in writing.



I may be able to rectify all of this by setting up a Rants and Raves forum with some strict guidelines on free expression.

/irony
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Joe Whistler
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PostPosted: Fri Feb 11, 2005 6:52 am    Post subject: Reply with quote

If it weren't for lawyers...we'd be living in a free land.
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Mike Cain
Contributor III


Joined: 11 Nov 2004
Posts: 95
Location: New York

PostPosted: Fri Feb 11, 2005 8:43 am    Post subject: non payment Reply with quote

I went to collection agency and was able to collect. The fees sometimes are high but its worth your time to search for the best fee. Also sometimes it is all that is needed for a client to pay when they are told a collection agency is involved.

mike Cain
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