Can I demand cease of distribution if the publisher did not pay for ads design?

[Wtcelesta]

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

A person who publishes take-out menus for restaurants with local business ads hired me to design several menus and ads for him, published the menus and has not paid me for the design work. I plan to sue in the local small claims court. A question, though: can I demand cease of distribution of the menus that I made until he pays me? This way all the owners of the restaurants involved will be after him as well to settle the debt. Is it possible? If yes, what is the legal process to request it?

 

[Zigner]

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

A person who publishes take-out menus for restaurants with local business ads hired me to design several menus and ads for him, published the menus and has not paid me for the design work. I plan to sue in the local small claims court. A question, though: can I demand cease of distribution of the menus that I made until he pays me? This way all the owners of the restaurants involved will be after him as well to settle the debt. Is it possible? If yes, what is the legal process to request it?

The non-sarcastic answer is no, just sue the guy.

 

[quincy]

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

A person who publishes take-out menus for restaurants with local business ads hired me to design several menus and ads for him, published the menus and has not paid me for the design work. I plan to sue in the local small claims court. A question, though: can I demand cease of distribution of the menus that I made until he pays me? This way all the owners of the restaurants involved will be after him as well to settle the debt. Is it possible? If yes, what is the legal process to request it?

You could go to court for an injunction, to prevent further distribution of the menus - but you will need to show the court that there is no other remedy available to you (e.g., suing him for the amount owed) and irreparable injury will result if the injunction is not granted.

 

[Wtcelesta]

Thank you for responses. Will just have to sue him.

 

[quincy]

Thank you for responses. Will just have to sue him.

You could have an attorney send him a demand letter first, advising the publisher that legal action is being considered if you do not receive what is owed you for the work completed. That might encourage him to pay and it would eliminate for you the need to take the matter to court.

Good luck.