CLIENT BROKE AGREEMENT TO PAY

[DBANKRUPT]

MY CLIENT OWES ME $3,858 for audio/video and editing services. She refused to honor a verble/trust agreement to pay a minimum of $500 every two weeks until running balance is paid in full. Her last payment was made on Feb. 16th 2001. Payments prior to this date was still never submitted with consitancy of every two weeks even with most payments discounted (per invoices) by more than 25%. Two months ago she told me by phone that she does not have the money and not to call and "Harrass" her again regarding the amount owed. She laughs at me saying,... "take me to court, my credit is bad anyway,... I bet you won't get anything... I work freelance fool".

Questions:
Am I a fool? What are the odds of getting any funds by taking her to Prose' Court here in Chicago?
The taped show that I have filmed and edited for her is still being reran each week on a cable station. Is there even a way to get an order to stop the cable company from broadcasting it?

I would appreciate any advise. David

 

[JETX]

Sounds like you have a problem. Basically, by not getting payment on delivery, you made a LOAN (for the amount owed) to her based on a promise to pay in the future. And you did this without ANY credit review to show the likelihood of her paying you. And now, she is challenging you to go after her claiming that she has no assets to pay anyway, so your judgment would be worthless.

However, you do have some options. It sounds like she is not aware that a judgment is NOT like 'normal debt'. Once you have a judgment in your hand, the state laws give you some 'special enforcement tools' to use to try to recover the judgment. These include garnishment, executions, depositions, etc.

Based on your post, I assume that she runs some type of business (promoted by 'your' video). Is this business incorporated??? Was your product ordered by a corporation, by herself (as an individual) or a non-incorporated business (d/b/a)??? Does the 'responsible party' have ANY assets you could seize with a judgment??? If so, take the sleaze to court and grab the goods.

As for your attempts to stop the video, did you have the right to retain ownership in the event of non-payment?? If not, then you probably have no LEGAL right to stop the running, but you can certainly send the station a certified RRR letter demanding that the cease and desist showing the video. The station might do so, or they might refuse. In any case, nothing lost except a stamp.