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Have any of you dealt w/ small claims court here in Charlotte?
I did three stories for a local magazine publisher. Sent first invoice in September . . . started working on taxes and my bookkeeper advised I had never received payment for those articles. Sent another invoice in December.
No payment
Now I am getting really peeved. Appears magazines have been sold to another entity and as of this minute, I do not know who the buyer was, but am digging on that. They should have assumed the debt, but again - appears to me my invoices were never on their books as payables.
What would you do? Write letters to the former publisher and new owners (if I can ascertain who they are) . . . or go to Small Claims Court, or what?
Any ideas? Former owners are located in Meck - I have no idea where new owners are located.
Small claims court might be a waste of your time/money since the co. was sold. I would recommend trying the BBB or the attorney general's office. Even if the co. was sold, the co. that you wrote for is liable for the work. I assume that you have copy of the article as it was published? If sending a very stern "DEMAND" notice (by certified mail) does not work, I would send copies of it all to the atty general.
With small claims court, all you will get is a judgement against the co. which would be useless since it has been sold.
Small claims court might be a waste of your time/money since the co. was sold. I would recommend trying the BBB or the attorney general's office. Even if the co. was sold, the co. that you wrote for is liable for the work. I assume that you have copy of the article as it was published? If sending a very stern "DEMAND" notice (by certified mail) does not work, I would send copies of it all to the atty general.
With small claims court, all you will get is a judgement against the co. which would be useless since it has been sold.
Well, after doing more research (and getting some info from others who have also worked for this outfit) the guy that owned the magazines is still in business. In fact, it appears he just sold the magazine portion of his existing company, wh/ appears to still be in business. (He does videos and advertising, evidently) Who knows?
I am really aggravated. Yes, I can send the demand letters all over, LOL.
I also plan to call the Matthews Chamber of Commerce, BBB, and anyone else I can think to call if I don't get a check very quickly.
I was afraid Small Claims Court might be a big hassle.
Ani, was your piece published?
Just b/c the magazine was sold, doesn't mean you're not entitled to compensation. Keep at it. You know the sweaky wheel always gets greased.
Ani, was your piece published?
Just b/c the magazine was sold, doesn't mean you're not entitled to compensation. Keep at it. You know the sweaky wheel always gets greased.
good luck!
Yes, I have been able to prove that two articles were published. The third I don't know about b/c I have never seen that issue of the magazine. They were supposed to send me copies of the magazines w/ my published articles for my portfolio (wh/ was the only reason I agreed to write them - wanted some articles w/ my byline on them as most of what I write professionally is not attributed to me).
I found there was a website set up that has online versions of the magazine, but that one issue was not on the website (two different magazine titles). One is for the Matthews audience, the other is for the Cabarrus/Kannapolis audience.
ETA: The writer's guidelines state that they will pay w/in 30 days of receipt of invoice for all assigned articles, even if they are never published.
Location: The place where the road & the sky collide
23,814 posts, read 34,666,340 times
Reputation: 10256
Quote:
Originally Posted by anifani821
Yes, I have been able to prove that two articles were published. The third I don't know about b/c I have never seen that issue of the magazine. They were supposed to send me copies of the magazines w/ my published articles for my portfolio (wh/ was the only reason I agreed to write them - wanted some articles w/ my byline on them as most of what I write professionally is not attributed to me).
I found there was a website set up that has online versions of the magazine, but that one issue was not on the website (two different magazine titles). One is for the Matthews audience, the other is for the Cabarrus/Kannapolis audience.
ETA: The writer's guidelines state that they will pay w/in 30 days of receipt of invoice for all assigned articles, even if they are never published.
Ani, interesting that this company is involved with video, as I've run into a higher than usual incidence of failure to pay with them.
I would try one more time to get paid, & clearly state that you expect immediate payment & will take action if not paid immediately.
On day 31 submit a complaint to the attorney general, with a follow-up with the (tv) consumer reporter of your choice (The reporter will keep checking with the attorney general's office.)
Reporters will want to interview you but will happily either digitize you or shoot you in silhouette & process your voice so that it is not recognizable.
Ani, interesting that this company is involved with video, as I've run into a higher than usual incidence of failure to pay with them.
I would try one more time to get paid, & clearly state that you expect immediate payment & will take action if not paid immediately.
On day 31 submit a complaint to the attorney general, with a follow-up with the (tv) consumer reporter of your choice (The reporter will keep checking with the attorney general's office.)
Reporters will want to interview you but will happily either digitize you or shoot you in silhouette & process your voice so that it is not recognizable.
Well, I have written the owner at several addresses as of this morning. Luckily, another writer gave me what telephone numbers they have for the guy, as well. So I will also try those today.
If I do not get a response TODAY from him - either via phone or email - I am going to write the Matthews Chamber of Commerce, the BBB, the AG's office and anyone else I can think of writing.
Anyone know how I can find out who owns the publications now?
Last edited by brokensky; 02-09-2009 at 08:03 AM..
Location: The place where the road & the sky collide
23,814 posts, read 34,666,340 times
Reputation: 10256
Quote:
Originally Posted by anifani821
Update: Owner on phone and he is being very conciliatory.
He should be.
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