• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Suing a publishing corporation in New York City

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Nancy29

Junior Member
What is the name of your state? California

I'm a photographer in CA, A magazine in New York City had agreed to purchase first rights publishing of some photos I had shot. The total price was $4000 . They have published this work recently and have pretty much stiffed me-- They are a corporation.

I have to sue in small claims in NYC?

Do I send a demand letter first?

Do I stand a chance collecting the judgement? -- I know they are in business and have publications on stands now. Also they are registered in NY as a corporation

Thank You in Advance --
 


dcatz

Senior Member
I have to sue in small claims in NYC?

Yes, for many reasons, not the least of which is to avoid having to domesticate a judgment. You don't mention whether there was a contract and, if so, if it had a "choice of law" provision.

Do I send a demand letter first?

You don't have to, but it might save you the cost and inconvenience of litigation.

Do I stand a chance collecting the judgement?

Absolutely, if they are publishing and distributing. But you might consider commercial collection counsel in NY and suing them in a "higher court".
1) The cost of traveling to and from and then enforcing your judgment may equal or exceed the fee.
2) Particularly the advantage of having someone local, who is familiar with the law and procedure, is experienced in enforcement and can act quickly may be cost-justified.
3) Starting with NY counsel, a demand letter may be enough to get you paid.
Just thoughts.
 

Nancy29

Junior Member
I have to sue in small claims in NYC?

Yes, for many reasons, not the least of which is to avoid having to domesticate a judgment. You don't mention whether there was a contract and, if so, if it had a "choice of law" provision.

Do I send a demand letter first?

You don't have to, but it might save you the cost and inconvenience of litigation.

Do I stand a chance collecting the judgement?

Absolutely, if they are publishing and distributing. But you might consider commercial collection counsel in NY and suing them in a "higher court".
1) The cost of traveling to and from and then enforcing your judgment may equal or exceed the fee.
2) Particularly the advantage of having someone local, who is familiar with the law and procedure, is experienced in enforcement and can act quickly may be cost-justified.
3) Starting with NY counsel, a demand letter may be enough to get you paid.
Just thoughts.

Thanks for the quick reply-- There was a Verbal agreement and I have Emails requesting invoices from the photo director. They Published 4 different sets of photos I had submitted for Publication upon agreement-- which was stated in the photo sets. I deal with many magazines and this is a standard practice--

Is it possible to have this litigated without me going to New York? Also if I do sue in Small claims and win would the judge possibly add on my travel expences?

Thanks again
 

dcatz

Senior Member
Also if I do sue in Small claims and win would the judge possibly add on my travel expences?

That’s easy – no.

Is it possible to have this litigated without me going to New York?

That’s more difficult, and I have to give you a somewhat oblique and two-part answer. In my state (CA), attorneys are not permitted in SC and 85% of SC cases go to a hearing (trial). In higher courts 5-8% of cases go to trial. In commercial cases (and yours is a commercial case), >5% go to trial. Something is owed (perhaps not the creditor’s claim, but something) and it’s prudent and cost-efficient to settle on terms. Therefore, there is a difference between “litigated” meaning “go to trial” and meaning “possibility of going to trial”. We haven’t made that distinction.

I would have to advise you to confer with NY counsel to gauge the possibility that a filed case would go to trial and require your appearance (my guess is “slim to none”, but I’m not NY). You need to weigh the sufficiency of the evidence you have to carry the burden of proof (which is your responsibility) and conclude this without trial.

If that still leaves you wondering, let me try one other approach: NY corporate defendants must be represented by counsel in SC and higher courts. It would cost as much or more to defend via counsel as it would to pay you, and it would appear that you have a good case. Therefore, it would make little sense to pay counsel and also lose the case. If there is no dispute, this may just be a cash-flow problem that requires a whack on the head for attention.

If that just makes things more confused, post back; I’m trying to clarify.
 

dcatz

Senior Member
If it helps additionally, in NY SC, business judgment-debtors must pay within 35 days or $100 may be added to judgment. And businesses that fail to pay judgments may face a refusal of renewal of their grant of a business license. Two more reasons why my guess is that this doesn't go to a litigated trial, if you have sufficient evidence.
 

You Are Guilty

Senior Member
To further clarify, while you can be represented by an attorney in NY small claims, were the case not to settle and went to trial, you would absolutely need to be present. And, as noted, the great majority of small claims cases do proceed to a hearing/trial.
 

Zigner

Senior Member, Non-Attorney
Thanks for the quick reply-- There was a Verbal agreement and I have Emails requesting invoices from the photo director.
I know this may seem like a silly question - but did you actually SEND the invoices (paper copies, not email). Also, have you called them?
 

Nancy29

Junior Member
Invoices and other issues

U are so Nice to help-- thanx :)

I believe I had mailed invoices for 2 sets of photos

OK-- These people are a bunch of dead-beats ( I have learned this through my research). So I have decided to file. I had sent a demand letter in December (Before that I had emailed and called).
Tonite i pulled the trigger and filed electroniclly through Ncourt. Now i'm hoping i did not screw-up; -- I named 3 defendants-- the 2 names listed at NYS Department of State
Division of Corporations Entity Information. and the corporation itself-- Is this OK?

My documentation (proof)

1) Original digital photos

2) model releases with my name as photographer

3)ID's of models

4)invoices

5) Emails with corporations as well as phone history

6)copies of magazines that my work was printed in-- they used my pics in 4-6 pages in 4 different issues
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top