Who do i go after?

[BADRAP]

What is the name of your state? California

My question is this I am a freelance graphic designer and I was Hired around the first of the year to do a project for a corporation.
I gave them my estimate and told them I need a third up front to start the work. The person who was hiring me (One of the owners of the company) gave me a check for the third up front to start the job.

I started the job immediately now three months later he fires me and wont pay me for my time. the job is done and would have been done two months ago but I could not get him to give me alot of what I needed to finish it all. text photos ect. and still has not. So what I need to know now is who do I sue or take to small claims? Him or the corporation. I'm only asking this because the check I recieved to start was from the guys personal bank account not from a company checking account...

thank you in advance to anyone with my answer.

 

[BADRAP]

Anyone anyone?

Come on anyone?

Ok I think I should serve the guy not the corporation yes? or no?

I would like to do this asap... Thanx

 

[JETX]

Sue both of them. The corporation and the individual.

 

[BADRAP]

OK. How? Do I have to get each served seperately or together?

And how much can i ask for from each? Do I split the total owed

between the two. (corporation & the guy) or do I ask for the

total owed twice? I dont think that is right is it?

thank you

 

[BADRAP]

Thanx JETX

 

[JETX]

"Do I have to get each served seperately or together?"
*** Each party is served independently.

"And how much can i ask for from each? Do I split the total owed between the two. (corporation & the guy) or do I ask for the total owed twice? I dont think that is right is it?"
*** Nope. Name both in the caption of the suit, then detail your claim. You only have ONE lawsuit, with two defendants.

 

[BADRAP]

THANX AGAIN JETX

BADRAP

 

[BADRAP]

Hello I am from California .

THIS IS A GENERAL OVERVIEW OF THE FACTS:

I am a freelance graphic designer and I was Hired around the first of the year to do a project for a corporation.

I gave them my estimate and told them I need a third up front to start the work.

The person who was hiring me (One of the owners of the company) gave me a check for the third up front to start the job.

I started the job immediately now three months later he fires me and won’t pay me for my time. The job is done and would have been done two months ago but I could not get him to give me what I needed to finish it all. Text, photos and other info needed. And still he never did.

THE FOLLOWING QUESTION HAS BEEN ANSWERD BY JETX.

So what I need to know now is who do I sue or take to small claims, the guy or the corporation?

I'm only asking this because the check I received to start was from the guy’s personal bank account not from a company checking account...

(And I will name both the guy as well as the corporation. Thank you again JETX.)

Ok I did go to the library and checked out a book on how small claims work and so far I feel I have a great case. Except the book didn’t answer or explain how or if I can somehow get a copy of the guys bank statement or the official copy of the check he wrote to me to start the job?

I believe I need it to prove he hired me. Although I do have a few e-mails from him in which he states “I haven’t forgot about you. Keep working along the same lines like you have been doing I’ll have those things you need in a few days.” So that should prove he is aware I’m working for him.

 

[JETX]

Once you file your lawsuit, you have the right of pre-trial discovery. As such, you can send the other party a Request for Production..... and/or a Subpoena Duces Tecum to get the documents you need.

 

[BADRAP]

THANX AGAIN JETX...

You are very helpfull.

 

[JETX]

You're Welcome.

 

[BADRAP]

I sent my final "demand for payment" letter
(Certified & regular mail) two days ago and they have till the 17th to pay. then I file in small claims. I will let you know the out come if it goes that far.

This guy is a real piece of work. But in a way he has been a learning experience... About the fact I need a more in depth contract aggreement than I have been useing.

 

[ladyc4]

I recommend that you spend the money to have an attorney help you develop that contract. Freelance/independent contractor people can get hung out to dry in too many ways with the times being what they are.

 

[BADRAP]

You are most likely correct. because I have always been a hand shake and a nod kind of guy. but that is very difficult to back up in court im sure. If I was doing better financially I would invest in a contract Attorney. but for now I need to rely on the public library.

I am a much better artist / graphic designer than I am anything else but thank you for your advice I will remember it and when I can afford a custom designed contract I will have one drawn up.

Ps. my mom lives in michigan you must be freezing

 

[ladyc4]

Naw-we got a regular heatwave coming- might get up to 50 degrees Saturday. We're all looking for our bikinis.

I hear you on the cost of an attorney...if you are kinda stuck at roll-your-own, just remember Murphy's Law,and write the contract based on "If anything can go wrong, it will-and at the worst possible moment."
Hope you get your money out of this deal-good luck!