Have you ever sued a client?

Picture North Carolina wrote in post #11503973
No money. Not in bankruptcy or such, but info to me was they were out of money and currently seeking funding.

Send it to collections. Let them chase the money.

Almost went to court: I made a video for a website designer who was using it in a site for one of his clients. Everything was in writing between the webguy and me. Client paid webguy, but webguy neglected to pay me. Webguy didn't dispute payment - just said he didn't have the money. It wasn't a lot - $800 maybe - but it was irritating because I could watch my unpaid-for video online. After 5 or 6 months and countless emails I filed a claim in my local small claims court here in California. I had all the documentation so the day before he was due to appear in court he paid me in full plus the filing cost which was maybe $25. I just told the court it was settled and they canceled the appearance. I think that payment right before the court date is common.

If someone was disputing the quality of my photography or videography I'd think twice before taking them to court, but this guy wasn't - he just didn't want to pay.

Oh and someone earlier said you can't claim for time, but actually you can sue for whatever is owed to you - at least on my planet.

Frugal wrote in post #11505543
Almost went to court: I made a video for a website designer who was using it in a site for one of his clients. Everything was in writing between the webguy and me. Client paid webguy, but webguy neglected to pay me. Webguy didn't dispute payment - just said he didn't have the money. It wasn't a lot - $800 maybe - but it was irritating because I could watch my unpaid-for video online. After 5 or 6 months and countless emails I filed a claim in my local small claims court here in California. I had all the documentation so the day before he was due to appear in court he paid me in full plus the filing cost which was maybe $25. I just told the court it was settled and they canceled the appearance. I think that payment right before the court date is common.

If someone was disputing the quality of my photography or videography I'd think twice before taking them to court, but this guy wasn't - he just didn't want to pay.

Oh and someone earlier said you can't claim for time, but actually you can sue for whatever is owed to you - at least on my planet.

No dispute here about quality. The articles have been published and everybody was pleased with the work. They're just out of money, but considering the trends in the magazine publishing sector the last few years or so, no surprise there.

And ya, it's always a miracle how that summons helps people find money they never knew that had! I've been thru that before myself.

Sorry if you thought that Implied there was. Just relating my own stuff

Picture North Carolina wrote in post #11496337
Problem is, unless things have changed since my last experience, in small claims court you cannot sue for lost time - just material losses which in this case is gas (travel) hotel rooms and meals. But the biggest chunk is still the time/labor.

If you've ever had to sue, I'm just wondering at what point did you decide enough was enough? And what were the long-term consequences?

Yes, I've had to sue.

And it was for 'out of town' work, much like in your case.

My travel expenses, and per diems, were on top of my hourly rates, and as such, part of the total invoice.

You provided 'goods and services', and incurred costs to do so. You have receipts (hopefully), but even if you don't, it's not difficult to prove what 'reasonable' costs would be incurred.

If you send a collection agency after them (this may differ where you reside), it appears on their credit report, and if they're applying for financing, they're fooked.

In my case, (and I'm not sure how exactly) my client's bank found out there was a legal action against them in small claims, and they were sent a stern letter to resolve the matter.
Typically, this only happens when there is a lien placed on the company's assets. Creditors freak out.
Look into the possiblity of putting a lien on them, through your lawyer, and the collection agency thing. They may be headed for bankruptcy, and you'll want to get put on the list of creditors.

Banks are 'secured' creditors, and get first dibs on the assets if they claim bankruptcy. If there's anything left over, the remaining assets get pro rated and distributed among the 'unsecured' creditors.

You want to be on that list. Otherwise, no one is going to come looking for you, if you're not looking for them.

I don't know about where you reside, but, here, small claims court (for businesses) does not go to trial right away. The first meeting is mediation, with a judge. Usually, in money cases, the effort is on trying to get the owing party, to acknowledge that the 'goods and services' rendered were of acceptable quality, and if they were, to arrange for payment in full, or in installments, and they will draw up a contract, if they agree to those terms.
If you cannot resolve things there, it then goes to trial.

You have to be proactive, and take strong and decisive actions, and try and get leverage, with the levers that I've mentioned, which is usually their credit rating, which no business can take for granted.

Good luck.

Picture North Carolina wrote in post #11503973
No money. Not in bankruptcy or such, but info to me was they were out of money and currently seeking funding.

So basically, you want to squeeze a turnip for blood. Why not ask for a portion now and the remainder by 2012?

If you go the collection agency route, you have lost 50% of the top +, bankruptcy by them will also give you a partial recovery, if anything.

MP4/8 wrote in post #11506879
I don't know about where you reside, but, here, small claims court (for businesses) does not go to trial right away. The first meeting is mediation, with a judge. Usually, in money cases, the effort is on trying to get the owing party, to acknowledge that the 'goods and services' rendered were of acceptable quality, and if they were, to arrange for payment in full, or in installments, and they will draw up a contract, if they agree to those terms.
If you cannot resolve things there, it then goes to trial.

Good luck.

Thanks, very helpful post. Yes, same here. $5,000 small claims limit, $70 to file, $15 to have papers served. Goes before a magistrate (who is an officer of the court) for evaluation and judgment.

RWatkins wrote in post #11506930
So basically, you want to squeeze a turnip for blood. Why not ask for a portion now and the remainder by 2012?

If you go the collection agency route, you have lost 50% of the top +, bankruptcy by them will also give you a partial recovery, if anything.

No, I just want to be paid for the work that I do, which I don't think is unreasonable.

As to partial payment, all avenues were tried including offers of partial payment and a payment plan. No reply... no communication. And to be honest, that's part of the problem. If somebody somewhere along the line would have simply replied with a "here's our problem, here's what we're facing, let's talk" it would have eliminated a whole bunch of tension.

Any good credit counselor will tell you that rule one when you are unable to make the mortgage or auto or .... payment, you never, never ignore the creditor. You talk with them, tell them what's going on, try to negotiate with them. When you completely ignore them, you leave them no choice other than to whack you with a 2x4 to get your attention.