Small Claims Legal Advice Help

[bandit]

I started interning for latino magazine in May 2006-July 2006 for class credit. Once I graduated in September 2006, I started working there full time until the end of November 2007. As of December 2007 I started my new full time job and started to freelance for the magazine. I had invoices/contract set up for any work that I did for him. I also gave a time line (i.e. 1 week after job is done) when the invoice should be paid but majority of the time, it was never on time. After updating the website , the publisher/CEO, felt my price was too high ($1200) hence he was unable to pay on time, so we worked something out to a lower cost ($800). These prices included everything when a new issue was to be posted. Even lowering the cost down to $800 or so, invoices was never paid on time and were accumulating. So out of courtesy, we worked out again to update the site down to $400 to upload magazine issue and $30 for each update of banner images/advertisements/web page. Magazines were updated about twice a year but majority of invoices was the $30 for each banner/ad that needed to be placed.

Instead of paying a lump sum of $1200, $800 or $400 for the website update...he would pay in installments. $100 here, $200 there. It would take 1-2 months to pay it all off. The publisher kept giving a promise that he would send a check every Friday. A week would pass and no check, so I would email middle to end of following week to ask where the check is (he's in Brooklyn and it takes 1 business day for a letter to arrive). Either it hasnt been sent or sent the following week. When he does finally send a check (after threatening to stop updating), its only 1 check and not 2-3 checks to make up for the weeks he missed.

There are outstanding invoices since June 2009. As of March 25th, there is a little over $2,810 that has been unpaid. The other times I asked about checks he either said it was sent out even though it wasnt, he's waiting for clients to pay him or he has no funds. I emailed him asking about checks since he said a check will be sent every week and told me that he did not like that I was harrassing him constantly about checks and that I charged too much. I stated that if I was charging too much, he could of found someone else to update the website but said he was too lazy to find an intern. The last time I asked about a check was end of December. He said he would send it December 28. First week of January arrives and no check still, so I email him and 2 days later get a check with a postmark a day before.

So after a heated argument through email, we decided to end our work relationship. I gave the publisher an ultimatum that he has until April 30th to pay the outstanding balance. I have all invoices saved and documented check numbers and when they were received. I provided an email to the publisher at the end of every month with all the outstanding invoices. I also have emails stating that he would send checks every week, emails with invoices sent, asking for status of checks, as well as the last email where we ended the updates to website. If I was to print this out, it would be 100 if not more.

The money that he owed is greatly needed for my wedding. Which he is aware off. There were 2 occassions that I requested outstanding balance ($1000+) at the time to be fully paid as I was going on vacation and when I bought engagement ring and needed the money to pay for bills. Never did he send payment. However, he was able to go on vacation to Italy.

1. Do I have a valid claim? I have invoices and emails of his failed promises.
2. Even though he pays a little here and a little there, would I still win? Contract states that invoices are to be paid 1 week after its been posted and 1 month after issue has been posted online.
3. I read that if the judge rules in my favor, the defendant has 30 days to pay off the money that is owed. If he doesnt, what else can be done? I read that I can have a sheriff or enforcement officer gain access to his assets such as bank account or seize property

Since my job is moving us from LI to the city, I have off tomorrow. So I was going to stop by the court house and file a small claims.

[Shine]

Judge Alex should set him right, yo.

You have a contract, you have invoices and emails, and you have proof that he was making some payments to you, so yeah, your case is strong and you will win unless you have a shit lawyer, though you could represent yourself with the mountain of evidence you have, and still win. But I thought, even in small claims, you were paid in installments, am I wrong?

[bandit]

Judge Alex should set him right, yo.

You have a contract, you have invoices and emails, and you have proof that he was making some payments to you, so yeah, your case is strong and you will win unless you have a shit lawyer, though you could represent yourself with the mountain of evidence you have, and still win. But I thought, even in small claims, you were paid in installments, am I wrong?

HAHA. My fiancee and friends suggested People's Court or other shows like Judge Judy or whatever they have now.

I have invoices which are basically contracts. Emails of me asking for payment as well as his responses (I didnt print all but the latest and most recent ones). There are just too many emails. I can get a lawyer but like you said, I have enough evidence and proof, so I will be representing myself. I dont have the funds to pay a lawyer. Every penny I make from my paycheck is going towards my wedding in July =(. Even the money I would get from him is going towards wedding and/or bills and food.

I'm not sure about small claims being paid in installments. I'm already being paid in installments but its not consistent and not paid on time. I was reading Small Claims court and this is what they said about after the judgement - http://www.nycourts.gov/courts/nyc/s...judgment.shtml

I emailed a mediator of some sort for the government and although the website states that I have to pay for a enforcement officer, the mediator said that the other party will have to pay this fee. I'm not sure which is correct. I'm also entitled to 9% interest as well.

I'm sure I'll win but its trying to get the judgement part and how hard will it be or what the consequences will be if he doesnt pay

[Uriel]

Can't you sue him for court costs as well? Since he has been warned several times and given every chance, I would think that would be the type of situation where you could win court costs from him, since he basically forced you to take him to court after exhausting every alternative. (I don't know what the laws are on that at all, but it seems right).

If so you could hire a lawyer.

[Uriel]

Also, as hokey as something like The People's Court sounds, it might be good considering your situation. Those shows pay both of you to appear, then also pay the winner's judgement (or deduct the judgement from the loser's appearance fee, depending on the show).

This would be a way to get the money even if he doesn't have it, plus you would be able to get it right away instead of waiting for installments that might run past your wedding. Also, you obviously wouldn't need a lawyer and he won't be able to use one either.

[kingoffighters]

Isn't it impossible to collect even if you win your case? It is like a moral victory but if they don't pay, is there really anything you can do?

I suggest nuking that website.

[bandit]

Can't you sue him for court costs as well? Since he has been warned several times and given every chance, I would think that would be the type of situation where you could win court costs from him, since he basically forced you to take him to court after exhausting every alternative. (I don't know what the laws are on that at all, but it seems right).

If so you could hire a lawyer.

I'm hoping to add the $20 small claims fee to it as well. As stated, dont need to hire a lawyer if I need to pay. I think I have enough evidence and proof to represent myself.

Also, as hokey as something like The People's Court sounds, it might be good considering your situation. Those shows pay both of you to appear, then also pay the winner's judgement (or deduct the judgement from the loser's appearance fee, depending on the show).

This would be a way to get the money even if he doesn't have it, plus you would be able to get it right away instead of waiting for installments that might run past your wedding. Also, you obviously wouldn't need a lawyer and he won't be able to use one either.

Do you have more information about this? Went to the website and not much information about this except for about the show itself.

Is all their stuff shown on TV or what?

[Razor Ramon]

Let this be a lesson in life: never continue working if you're not getting paid.

If you just realized this you aren't wise enough to get married.

[bandit]

Isn't it impossible to collect even if you win your case? It is like a moral victory but if they don't pay, is there really anything you can do?

I suggest nuking that website.

Thats what I would like to know...what happens if they dont pay up. However, from the NY Small Claims Court, it says that I can get a sheriff or enforcement officer and have them gain access to their assets such as bank accounts and/or seize property to cover debt owed. By going this route, it incurs a fee.

[Uriel]

Do you have more information about this? Went to the website and not much information about this except for about the show itself.

I don't know anything other than what I've randomly read online.

Whatever show it is, you're looking at a situation where the studio is dolling out the money, not the defendant

Let this be a lesson in life: never continue working if you're not getting paid.

If you just realized this you aren't wise enough to get married.

Yeah, just ask Shidoshi. I would pay a tidy sum to see Halverson get emasculated by Judge Judy.