Theft of Services

[Lbug261]

What is the name of your state (only U.S. law)? New York State

I am a Tattoo Artist and tattoed a woman the other day. She left here very excited and happy with her tattoo, she was even showing her husband how I redrew it for her and said she loved it. 6 days later when a tattoo is shedding its scab, she must have decided she did not want to pay so she stopped payment on her check ( I know I should not have taken a check for this type of service) I called her twice and was told she was not home. I left my name and number and was told she would call me. You guessed it she never called. I left a message on her machine telling her, that since she did not call I was looking into small claims court. I also told her she needed to send a money order in order to avoid court. I asked why she never called me or made any attemp to contact me. I have her release form and took 3 pictures before she left. My husband was at the table when she left and Heard (not saw) how happy she was. He even comented to me about it. Her huband and daughter were there with her. My first call to her I talked to her husband and he was very surprised to hear she stopped payment. I consider this theft, I will take her to court if she does not pay. What chances do I have to get my money?

 

[justalayman]

depends on several things;

you winning in court (seems pretty cut and dry from your description)

you being able to get her to pay the judgement

in lieu of her willingly paying the judgment, you being able to collect via other means (garnishment or seizure of property) to fulfill the judgement.

Have you spoken to the prosecuters office. I have not looked it up but stopping payment on a check without justifiable cause is a criminal action as well as the civil situation.