What is the name of your state? CT.
I am a freelance artist, that produced work for a small press publisher out of New York state.
There was an NDA, and contract for my services. Payment for these services was not forthcoming. Not just to myself, but to several other freelancers (at last count, 20) across the country. But I will inquire only regarding my own situation. Promises of payment were made, then threats of legal action for my "going outside the NDA", which did not occur, other then the fact I openly spoke how this person had not paid me. Anything in regards to the publishers IP, storylines, were never disclosed. The publisher had accepted my work, had used it for promotional materials and website content for his purposes. This person has a chronic history of calling upon his lawyer (which now has grown to two separate law firms working these issues), usually causing the aggrieved talent to back down. However, when confronted for a name or contact information for said lawyer, so as to resolve the issue, none is given. Instead, it's a barrage of threats (some physical), taunts, and delaying comments of "you will find out soon enough".
I have now, after a year of waiting for my money, decided it's time to take this publisher to Small Claims Court. I know I can file in CT, because that's where the work was performed. I can inform you that he has already been taken for exactly the same thing already in two separate Florida cases. Though I know this does not set precedent in any way, I mention it because of questions I have in regards to this case later in my message. Subsequently, the publisher did not show up for the cases, supposedly under his attorney's advisement. No letter was sent, no notification that he had problems getting to Florida for the date. He just didn't show up. He has also stated that the judgments against him will be easily overturned, again by his unnamed representatives, and that he doesn't really recognize Small Claims as being a "big thing". Inconsequential was his term.
So here are my questions.
1) If I take him to Small Claims, and he does not show, nor files any paperwork giving cause for his absence... is that usually something any sort of appeal can be based on?
2) If I win the suit, what would I have to do to file the judgment in NY, so as to try to collect?
3) If I win the suit, can I request at that time (in court), what form of payment is acceptable to pay? i.e. I wouldn't trust a check of any sort from this individual. Is it possible to request either a money order/bank check/cash as acceptable payment.
I am a freelance artist, that produced work for a small press publisher out of New York state.
There was an NDA, and contract for my services. Payment for these services was not forthcoming. Not just to myself, but to several other freelancers (at last count, 20) across the country. But I will inquire only regarding my own situation. Promises of payment were made, then threats of legal action for my "going outside the NDA", which did not occur, other then the fact I openly spoke how this person had not paid me. Anything in regards to the publishers IP, storylines, were never disclosed. The publisher had accepted my work, had used it for promotional materials and website content for his purposes. This person has a chronic history of calling upon his lawyer (which now has grown to two separate law firms working these issues), usually causing the aggrieved talent to back down. However, when confronted for a name or contact information for said lawyer, so as to resolve the issue, none is given. Instead, it's a barrage of threats (some physical), taunts, and delaying comments of "you will find out soon enough".
I have now, after a year of waiting for my money, decided it's time to take this publisher to Small Claims Court. I know I can file in CT, because that's where the work was performed. I can inform you that he has already been taken for exactly the same thing already in two separate Florida cases. Though I know this does not set precedent in any way, I mention it because of questions I have in regards to this case later in my message. Subsequently, the publisher did not show up for the cases, supposedly under his attorney's advisement. No letter was sent, no notification that he had problems getting to Florida for the date. He just didn't show up. He has also stated that the judgments against him will be easily overturned, again by his unnamed representatives, and that he doesn't really recognize Small Claims as being a "big thing". Inconsequential was his term.
So here are my questions.
1) If I take him to Small Claims, and he does not show, nor files any paperwork giving cause for his absence... is that usually something any sort of appeal can be based on?
2) If I win the suit, what would I have to do to file the judgment in NY, so as to try to collect?
3) If I win the suit, can I request at that time (in court), what form of payment is acceptable to pay? i.e. I wouldn't trust a check of any sort from this individual. Is it possible to request either a money order/bank check/cash as acceptable payment.