hire a lawyer to write something for you saying youre gonna sue em in all that legally jargon. If that doesnt work, going any further is gonna cost ya.
I've done quite a bit of freelancing, I don't trust people easilly, if its not a well known company that people i know have worked for or an established studio in the industry I usually ask for 50% upfront, that seems to work fairly well to establish some trust.
I once went 3 months without getting paid on a freelance gig. I had to start calling him on the phone and sending him an email every other day asking if the check had been cut yet. It was a small amount of money, but It was mine. I earned it.
I'm trying not to get stressed over this but it's really messing up my budget for the year. Legal dudes in the UK cost about £80 an hour.
Basically I handed him the invoice 4 months ago, 2 months ago he asked me if I could do some extra on the project, I agreed and did it. he then got back to me saying that I delivered the work too late and he had to use another artist to complete the project, and will deduct the other artists fee from my invoice.
this man doesn't live in the real world, but he seems to be pushing me to take him to court.
In his last email I got "As you correctly point out, "no contract was made" and, as such, ******* TV Ltd are under no legal obligation whatsoever to pay you the fee you demand for any work (complete or otherwise)"
Hawken: been there. did work back at the end of april and am only now being paid. granted I've learned my lesson. never wrote up a contract, which I plan on doing from now on.
You did verbally agree on things correct? at least in canada a verbal contract/agreement is as binding. bust this guys ass. depending on the amount it may be worth a lawyer and it may just be worth going to small claims court.
For future contracts I basically plan on putting a clause where the amount owed within 30 days or so is the close to the originally quoted and after 30 days up the amount by so much per week after said 30 days or something similar to that.
I guess your biggest problem is that you are now in Japan. The Citizens Advice Bureau can't even help. What about a Japanese laywer?
I've only ever had to resort to the law once before, for a deposit some was refusing to pay back.
As soon as I told them that the amount of money was not the issue, it was the principle, they started to panic (most peple think it is the money.). We were buying a house so we had a current solicitor. I DIDN'T Lie...I said something along the lines of:
"The money means nothing to me. This has gone far enough, and I'm now prepared to see this matter resolved in court. My legal advice comes from C*****L****** whom I spoke to earlier, and they are now representing me."
(I said this in the middle of the office at work)
They *were* representing me in the purchase of our house, so I never actually lied. Strangely, 15 minutes later I had a phone call from the landlady telling me that it was all ok and she was sorry for the misunderstanding.
Well, he still made a derivative work of their concept but the adaption (i.e. the model) is his and he can forbid derivative works (i.e. anything that includes even a part of the model). I wonder if they've "tainted" other assets by including parts of the model?
My tutor omn m illustration course didn't get paid for 2 years from a famous wildlife organisation, even though he did the work at short notice and did a great job.
A well known retailer published his work without permission in the form a of a jigsaw.
basically he asked me to do some game graphics for another company that pays him to put games togther. 4 months after the invoice is issued and I got another email today: "
WITHOUT PREJUDICE
Dear Hawken
I await hearing from your legal representative.
Regards,
--
"
This dude has just made sure that I'm not bluffing. If I'm not, he gets a new one ripped for him in court. If I am, he gets a free game.
If you don't mind sharing, how much money are we talking about here? If it's not too much money, he's probably assuming that it'll cost you more in legal actions than it you'd receive.
I'm willing to take a hit of about £100 off the invoice to avoid court. He made a million and one excuses but finally I think we have agreed to disagree. I brought up the unpaid invoice a lot.
I've had some slow pays, but never had to go legal on anyone. I did have an illustration prof who gave some good working advice. He said that a simple letter from a lawyer can motivate many people, even if you don't intend to push it all the way to court.
He also gave discounts to clients who paid him early. He billed them Net 30, but they got a 5% discount if they paid within 15 days. Many did.
File a claim agaist him in small claimes court for unpaid contract invoice. If you are owed under $2k, small claims court is the way to go. Just do it, stop talking to this twat and just take it to court.
BTW - pretty sure you represent yourself in small claims court. You could always ruin this guy and contact the people he does buisness with (who ever is getting the end product from this guy) and tell them straight up what is going on. They will likely cut ties with this cunt and then the circle of tomfoolery will be complete....
Exchanging emails and calls will only increase his belief you are bluffing and he can get away with not paying.
Actions speak louder than words (or emails?) hehehe
I know in the US you could file for a lien which would make it very difficult for him to get any kind of credit until it is settled. It's a simple process that doesn't take a lawyer. Not sure about the local laws there though.
Last year did a contract and didn't get paid for it, but I had been lead to believe that my tasks were signed off and admitted myself to hospital for surgery right when they wanted changes, so I'm not sure I have grounds for pushing, and I was hoping I'd get more work; I never chased my money. They never gave me more work either, so I lost out doubly, but I keep hoping
I'm not sure about pursuing this sort of thing, but then I'm a remote artist - so damned remote it's not funny, and I guess I'm not really in a position to fight breaches of contract, even if I've done my part to the letter of the law, because it's just not practical from here.
I think you should chase this though. You're a wonderful artist, and knowing that I imagine they got bloody amazing work out of you. As I said, I'm not sure of how things work there, but there's no reason you should take a loss if you fulfilled your contract. Just watch the costs involved so you don't end up spending all your earnings from this job on getting your earnings paid out.
Sorry if I'm repeating what others have said. I have the headcold from hell and am distinctly fuzzy mentally.
Sgt Hulka still owes me $2g's from Zaero! I just didn't work for him anymore, and was too busy with new work to care. Best to be careful who you muck with as not to ruin future opportunities. Sue someone today for what you thought was right, and you end up with a suey reputation tommorow.
[ QUOTE ]
Sgt Hulka still owes me $2g's from Zaero! I just didn't work for him anymore, and was too busy with new work to care. Best to be careful who you muck with as not to ruin future opportunities. Sue someone today for what you thought was right, and you end up with a suey reputation tommorow.
[/ QUOTE ]
Yeah, there has to be a balance though, or people just won't pay unless they feel like it. An artist who completes a contract should be able to expect payment, and then pursue that payment if it's not forthcoming, without fear of gaining a bad rep'. A fair legal action is a fair legal action after all, and no employer who has the intention of paying their talent for work done should be deterred by that.
He's now suggesting to pay me at the end of August. I'm torn between accepting or just taking him to court... the end of august is 5 months after the invoice was given to him.
The options are to wait another month for £400 or go to court and possibly reclaim £600. That is unless he reacts to a letter that will cost me £50, from a lawyer. In which case I'd lose £50.
May sound like pennies to some people, but has screwed up my shedule, I also have bills to pay etc.
he's not offering to pay at the end of august, he's jsut trying to get you off his back for a month.
i'd at least talk to a lawyer, most of them will talk to you and see if you have a case for free, and beyond that i would go to every message board on the internet that his games fanbase may come from, and let folks know what a complete tool this guy be
If I were in that situation I'd likely take him to court based just on principle, even if the money I paid cancelled out or even cost me a bit compared to the money I make, it'd be worth it to ding the asshole.
Unless your really low on cash. I'd also get his name out on the market, let people know who he is and what he's like.
Replies
Basically I handed him the invoice 4 months ago, 2 months ago he asked me if I could do some extra on the project, I agreed and did it. he then got back to me saying that I delivered the work too late and he had to use another artist to complete the project, and will deduct the other artists fee from my invoice.
this man doesn't live in the real world, but he seems to be pushing me to take him to court.
In his last email I got "As you correctly point out, "no contract was made" and, as such, ******* TV Ltd are under no legal obligation whatsoever to pay you the fee you demand for any work (complete or otherwise)"
You did verbally agree on things correct? at least in canada a verbal contract/agreement is as binding. bust this guys ass. depending on the amount it may be worth a lawyer and it may just be worth going to small claims court.
For future contracts I basically plan on putting a clause where the amount owed within 30 days or so is the close to the originally quoted and after 30 days up the amount by so much per week after said 30 days or something similar to that.
Is there no legal insurance in the UK?
I've only ever had to resort to the law once before, for a deposit some was refusing to pay back.
As soon as I told them that the amount of money was not the issue, it was the principle, they started to panic (most peple think it is the money.). We were buying a house so we had a current solicitor. I DIDN'T Lie...I said something along the lines of:
"The money means nothing to me. This has gone far enough, and I'm now prepared to see this matter resolved in court. My legal advice comes from C*****L****** whom I spoke to earlier, and they are now representing me."
(I said this in the middle of the office at work)
They *were* representing me in the purchase of our house, so I never actually lied. Strangely, 15 minutes later I had a phone call from the landlady telling me that it was all ok and she was sorry for the misunderstanding.
(cheers from co-workers)
Fucking can go both ways.
A well known retailer published his work without permission in the form a of a jigsaw.
basically he asked me to do some game graphics for another company that pays him to put games togther. 4 months after the invoice is issued and I got another email today: "
WITHOUT PREJUDICE
Dear Hawken
I await hearing from your legal representative.
Regards,
--
"
This dude has just made sure that I'm not bluffing. If I'm not, he gets a new one ripped for him in court. If I am, he gets a free game.
I'm willing to take a hit of about £100 off the invoice to avoid court. He made a million and one excuses but finally I think we have agreed to disagree. I brought up the unpaid invoice a lot.
Remind me never to do work with this chump again.
He also gave discounts to clients who paid him early. He billed them Net 30, but they got a 5% discount if they paid within 15 days. Many did.
/jzero
BTW - pretty sure you represent yourself in small claims court. You could always ruin this guy and contact the people he does buisness with (who ever is getting the end product from this guy) and tell them straight up what is going on. They will likely cut ties with this cunt and then the circle of tomfoolery will be complete....
Exchanging emails and calls will only increase his belief you are bluffing and he can get away with not paying.
Actions speak louder than words (or emails?) hehehe
I'm not sure about pursuing this sort of thing, but then I'm a remote artist - so damned remote it's not funny, and I guess I'm not really in a position to fight breaches of contract, even if I've done my part to the letter of the law, because it's just not practical from here.
I think you should chase this though. You're a wonderful artist, and knowing that I imagine they got bloody amazing work out of you. As I said, I'm not sure of how things work there, but there's no reason you should take a loss if you fulfilled your contract. Just watch the costs involved so you don't end up spending all your earnings from this job on getting your earnings paid out.
Sorry if I'm repeating what others have said. I have the headcold from hell and am distinctly fuzzy mentally.
Sgt Hulka still owes me $2g's from Zaero! I just didn't work for him anymore, and was too busy with new work to care. Best to be careful who you muck with as not to ruin future opportunities. Sue someone today for what you thought was right, and you end up with a suey reputation tommorow.
[/ QUOTE ]
Yeah, there has to be a balance though, or people just won't pay unless they feel like it. An artist who completes a contract should be able to expect payment, and then pursue that payment if it's not forthcoming, without fear of gaining a bad rep'. A fair legal action is a fair legal action after all, and no employer who has the intention of paying their talent for work done should be deterred by that.
He's now suggesting to pay me at the end of August. I'm torn between accepting or just taking him to court... the end of august is 5 months after the invoice was given to him.
The options are to wait another month for £400 or go to court and possibly reclaim £600. That is unless he reacts to a letter that will cost me £50, from a lawyer. In which case I'd lose £50.
May sound like pennies to some people, but has screwed up my shedule, I also have bills to pay etc.
Sue someone today for what you thought was right, and you end up with a suey reputation tommorow.
[/ QUOTE ]
Seems to me the only people who would really look at something like that are most likely the ones that you would want to watch out for anyways.
i'd at least talk to a lawyer, most of them will talk to you and see if you have a case for free, and beyond that i would go to every message board on the internet that his games fanbase may come from, and let folks know what a complete tool this guy be
Pull the lawyer card.
Unless your really low on cash. I'd also get his name out on the market, let people know who he is and what he's like.
Mind ya, I've got no experience with such things.