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Petty but ongoing public problem affecting my business-- I want to file a complaint

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quicksand

Junior Member
What is the name of your state (only U.S. law)? Illinois

Just less than a year ago I had a falling out with a peer as we explored joining our businesses, both of us bandleaders/music providers to private parties and corporate events. A decent business where I live. Highly competitive. I feel I have been wronged and it has negatively affected my business and I hear to this day from third parties of possible character assassination. Here is a link to a previous thread regarding the matter:

https://forum.freeadvice.com/starting-operating-business-3/entertainment-booking-agent-wants-me-run-money-through-his-account-602043.html#post3228654

The complaint I would like to make involves her withholding a client deposit check specifically made out to me and trying to leverage that into having me sign a broad and inaccurate Letter of Indemnification that has no basis in reality. I did not sign the letter even under threat of litigation. She did not pass on the check. I performed the engagement and was paid in full the night of, by the client. That was very awkward and I did not get the job this year (after 2 years of doing it). She also refused to return property of mine-- music scores--even after repeated requests.

I contacted the police in the town she has her office in and they said at most they would go talk with her and that it is probably a civil matter or small claims court case. What I would like to do is have her served in some manner that would settle the question of who did what and who is at fault. I want to be able to publicly defend myself to my business peers if need be, even through social media, and have the basis to do so without liability. I don't know if I have a claim for financial damages and the cost of the music scores is about $50., but I was stabbed in the back and it continues.

Questions: should I start with the police? What kind of case could I make? And then what, I can tell the story and get my books back? Small claims court? I have an email thread with her that spells the whole thing out. My main goal here is to clear myself and throw her into the mud. I know it's not pretty, but neither is she.

Thank you!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Illinois

Just less than a year ago I had a falling out with a peer as we explored joining our businesses, both of us bandleaders/music providers to private parties and corporate events. A decent business where I live. Highly competitive. I feel I have been wronged and it has negatively affected my business and I hear to this day from third parties of possible character assassination. Here is a link to a previous thread regarding the matter:

https://forum.freeadvice.com/starting-operating-business-3/entertainment-booking-agent-wants-me-run-money-through-his-account-602043.html#post3228654

The complaint I would like to make involves her withholding a client deposit check specifically made out to me and trying to leverage that into having me sign a broad and inaccurate Letter of Indemnification that has no basis in reality. I did not sign the letter even under threat of litigation. She did not pass on the check. I performed the engagement and was paid in full the night of, by the client. That was very awkward and I did not get the job this year (after 2 years of doing it). She also refused to return property of mine-- music scores--even after repeated requests.

I contacted the police in the town she has her office in and they said at most they would go talk with her and that it is probably a civil matter or small claims court case. What I would like to do is have her served in some manner that would settle the question of who did what and who is at fault. I want to be able to publicly defend myself to my business peers if need be, even through social media, and have the basis to do so without liability. I don't know if I have a claim for financial damages and the cost of the music scores is about $50., but I was stabbed in the back and it continues.

Questions: should I start with the police? What kind of case could I make? And then what, I can tell the story and get my books back? Small claims court? I have an email thread with her that spells the whole thing out. My main goal here is to clear myself and throw her into the mud. I know it's not pretty, but neither is she.

Thank you!
This is a civil matter - why would you waste the time (a precious resource) of the police? If you feel you are out money, file a small claims suit.
 

quicksand

Junior Member
This is a civil matter - why would you waste the time (a precious resource) of the police? If you feel you are out money, file a small claims suit.
Thank you for your reply.

Because I thought it might reinforce my claim in court, and further more cause her embarrassment. What use would I have for the deposit check 8 months after the event happened?
 

quicksand

Junior Member
A public peeing match doesn't make you look better.
I know that. But how can I currently walk around saying she stole from me without proving it? I never talk about it but I keep hearing about her talking about me in the negative.
 

Zigner

Senior Member, Non-Attorney
I know that. But how can I currently walk around saying she stole from me without proving it? I never talk about it but I keep hearing about her talking about me in the negative.
If you feel she owes you money, sue her in small claims court.

If you walk around saying she stole from you, you may find yourself a defendant in a defamation case.

You can explore bringing a defamation case against her if you feel strongly enough about it. Keep in mind that a defamation action can be very costly.
 

quicksand

Junior Member
If you feel she owes you money, sue her in small claims court.

If you walk around saying she stole from you, you may find yourself a defendant in a defamation case.

You can explore bringing a defamation case against her if you feel strongly enough about it. Keep in mind that a defamation action can be very costly.
Thanks for the sound advice. Can I blog the details and display the emails and documents in a straightforward manner, without defaming?
 

Zigner

Senior Member, Non-Attorney
Thanks for the sound advice. Can I blog the details and display the emails and documents in a straightforward manner, without defaming?
A public peeing match does NOT make you look better. If I saw you doing this, I'd steer FAR clear of you.
 

quincy

Senior Member
Are you trying to defend your reputation against false claims made by the booking agent to your former clients? Or is this more about the money paid by the client and withheld by the booking agent?

Defamation lawsuits rarely repair reputations. They are about money, awarded to compensate for injuries suffered as a result of published falsehoods.

For the same cost as a defamation lawsuit (and for probably less), you could invest in advertising that positively promotes you and your ensemble and your past accomplishments. Send out postcards to former and potential clients, post flyers (where legally permitted), freely distribute business cards touting yourself and your services, and start networking - join groups (organizations, associations) that are related to your business.

This can be a better way to combat negative (and even defamatory) comments than pursuing a legal action or blogging about the nastiness. Lawsuits and negative blogs publicly air dirty laundry and it is often only the dirt that is remembered by the public.
 
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quicksand

Junior Member
grounds for defamation?

So no relief!
If a third party is willing to go on record that she says unfounded negative things about me, would that be grounds for a defamation case? Or do I need someone to record it being said? (Which might be illegal if not unethical).
 

Zigner

Senior Member, Non-Attorney
If a third party is willing to go on record that she says unfounded negative things about me, would that be grounds for a defamation case? Or do I need someone to record it being said? (Which might be illegal if not unethical).
You are absolutely determined to wallow in the mud, aren't you? :rolleyes:
 

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