Suing Client in Small Claims court: how best to prepare for court?13265
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Astroprojector private msg quote post Address this user | |
| Hello, I guess it is unavoidable in this business and unfortunately this would be the first one for me. I am gearing up to sue one of my clients for unpaid service in small claim court for the amount of $1000. Quick explanation. In August the client hired me to shoot video and photos for a newly built house. At the time the client was represented by an RE Agent (A). I send the client the contract that stated the following: Fees: At the time of this Agreement, Client shall pay Video/Photographer 50% percent of the fee as a good faith deposit. All fees and expenses payable under this agreement are required no later than seven (7) business days from the delivery of the Video/Photos and payable irrespective of whether Client makes actual use of the Video/Photos. Cancellation: If Client cancellation of this Agreement prior to the Property shoot, Client will not be penalized. Video/Photographer can cancel the this Agreement if client makes unreasonable changes to the finished Work Product. In the event of cancellation by Client, the following cancellation payment shell be paid by the Client: 1. Cancellation prior the Work Product being turned in: 25% of the fee. 2. Cancellation due to the Work Product being unsatisfactory: 50% of the fee. 3. Cancellation for any other reason after the Work Product are turned in: 100% of the fee. In the event of cancellation, the Video/Photographer shall own all rights in the Work Product. The billing upon cancellation shell be payable within seven (7) days of the Client’s notification to stop work or the delivery of the Work Product, whichever occurs sooner. The client did not pay the 50% good faith deposit and I let it slide. I produced the video first and provided the copy to the client. At that time I did not bill the client because photography work was not done. Once I finished photos and notified the client, the client told me that he is ending relation with RE Agent (A) and going with the RE Agent (B) and all future relationship with me is on hold. This is essentially a cancellation for any other reason after the Work Product turned in (3rd bullet in the Cancellation above). The client asked to invoice he for the work, which I did. From that point on I sent the client 3 past due notification and was promised the payment each time. I have all the email and chat communications. I starting the small claim procedures and I need an advice. 1. What documents do I need to provide at the trial? I can print all email and chat communications, contract and the invoice. How do I provide the proof of work. Do I copy the original files to the flash drive or there any other methods? Are there any other documents do I need to provide? 2. Has anyone filed a claim in LA area and can provide steps on what to do. I already started filling out the form. Any advice or suggestions will be greatly appreciated. Thank you |
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 WGAN ForumFounder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
| @Astroprojector I will defer to others on your specific questions. While not the answer that you want to hear, I would write this experience off as a learning experience and decide how you want to proceed going forward with other prospects and clients. Life is short. Spend your energy where it will bring you joy. Going forward, you might consider using a third-party platform for getting paid at the time you deliver digital assets. WGAN Members Show & Tour and RELA offer these solutions. Best, Dan |
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CharlesHH private msg quote post Address this user | |
| If there is a Matterport model you can of course close that down. The video and photos are your copyright so you should be able to prevent anyone using them without your permission (and payment). The exif data on your original images will show you took them, when, date and time, equipment used etc. I’m not an expert on US law so I can only advise taking legal advice. |
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bryanhscott private msg quote post Address this user | |
| @Astroprojector Assuming you have all the back-up documentation to substantiate your claim, a small claims action is one option. Here is another: Where I reside (Colorado), within the prescribed timeline (4 months here), I would file a Notice of Lis Pendens (threat to lien), which will become a materialman's lien (mechanics lien) on the property (read further below). Assuming there is a title to either the house, or at least the land at this point (and, there will be one or the other, even if the home is under construction on a previously vacant lot), this will become a "cloud" the owner's title, which makes it impossible for them to further encumber, assign, quit claim, or warranty deed the title to another party before the issue is settled. Obviously, once you do this, you should make certain your client receives a copy of the Lis Pendens so they are officially put on notice of your intent. This will light a fire under them - believe me! Assuming your state has a similar timeline, and I'll bet it does, immediately prior to the last day, I would file a Lien against the property, which replaces the Lis Pendens (the threat to lien). So, the first action is a good "tap on the shoulder." The 2nd is a hard fist in the gut. By the way, I am no attorney, but I have personal experience with the process here and it does work. You will want to stipulate at least the statutory rate of interest that will accrue if your client decides to not grow a brain and pay his bill. Best of luck with it! |
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 WGAN FanCLUB Member Coeur d'Alene, Idaho |
lilnitsch private msg quote post Address this user | |
| I too would right it off rather than chasing off new business ~ I had a similar deal on a co-list recently where the two agents split the bill. One agent paid while the other did not. I am cutting my losses as for the agent that didn't pay if they wish to use my services again they will have to prepay in full prior to my arrival and I will shoot them the unpaid invoice as to my reasoning behind this decision | ||
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izoneguy private msg quote post Address this user | |
| If the work is good enough just put it on your demo reel. Sounds like you are not going anywhere with that particular client. I was in the video/photo business for over 35 years and only had a few people stiff us. You are saying it is under $1000? You are going to spend more time and aggravation then it is worth. Deadbeats will always claim they are bankrupt. We did sue a guy because he owed us about $10,000 - this was after he had paid us about $200,000 over the years. He did go bankrupt. We took it to court and the judge said sorry he is bankrupt and he walked.... | ||
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