Trying to collect payment

[pitkin2020 1]

that doesnt help then really, couple of options dependent on you as a person

1) chase through courts

2) write it off to experience

3) Get your own back!!!

[prestonservco 26]

If she hasn't paid for the design work, then she doesn't own it.  Is it copyright infringement for her to use it? 

[Rodger 527]

I would say yes according to what John has posted ... BUT way too costly to prove & not a sure bet on winning . In court some people are professional liars & they can tell their story anyway they want to as long as no contract or unbiased witness shows up .

[MaderDesign 3]

Preston, thats what I was thinking too. Can i tell her to pull the shirts from the store?

[CyberSultan 6]

I would at least report them to the BBB.  You can report a company to the BBB whether they are a member or not.

[prestonservco 26]

You can tell her whatever you want Mader.  If she believes you, great.  Then she can stress about it.  LOL.  If she doesn't believe you, so what?  It's not like she's playing it straight.

I don't encourage lying, but, nothing wrong with steering her imagination!

[BannerJohn 1,324]

I would just go by her place and let the air out of her tires and be done with it.She is clearly crooked and also not very nice.

[Guest manwayvan]

Honestly I would fight it as much as I could stand to. It's all about principal and she might be out bragging to other people and they might try to stiff ya somewhere down the line too..and besides if someone can sue mcdonalds over hot coffee then by hell I would sue her for loss wages and hardship. Every day that you are without your money then I would interest it due to the fact that you are operating on your own dime now and shouldn't have to if a customer owe's. But then again Id jack up her shit if it was 5 bucks lord knows what I'd do for 250.00

[Booper 2]

Sounds like its time for some Guerrilla warfare tactics, mass emails from the members here threatening to destroy their business reputation on a global scale, signboards on the road infront of their shop saying "SO & SO DOESN'T PAY THEIR BILLS" etc..... after all, we ARE signmakers LOL!

[MaderDesign 3]

I have emailed and documentation showing she is selling the shirts and i have all the original artwork as well. Including dates when sent to printers. I have all the emails for her and I back and forth including the invoice.

I'm fighting this. It's only $60 for Small Claims Court. If I win I get the money and she pays the fees. If i lose, then i'm out $60. I want to win, and prove a point.

[Booper 2]

Even if you do win I dont think you actually walk out of the courthouse with the cash in hand, I think you STILL hafta go after her to pay it, and that could be months more on top of how long you will wait for a court date.  So the 250 now becomes 250 plus 60 plus an entire days wages lost to goto court plus fuel plus the aggravation of it all. I still say post up the name and website and let the evil masses do what they will LOL!

[MaderDesign 3]

She pays the court costs if I win, no matter what. I don't have to pay. But they will make her pay me, if not then i'm sure they will handle it. Gas is not a problem, the court house is only a few miles away.

[Dakotagrafx 7,297]

Now you have made the line in the sand and MUST follow thru or your word means nothing. . . . Integrity - say what ou will do and do what you say.

With that said  post coro 12x24's around town and ad in local shopper selling the same thing for less - a lot less. It's yours as she did not pay for the design!  Flood the market >

[sheister 1]

Now you have made the line in the sand and MUST follow thru or your word means nothing. . . . Integrity - say what ou will do and do what you say.

With that said  post coro 12x24's around town and ad in local shopper selling the same thing for less - a lot less. It's yours as she did not pay for the design!  Flood the market >

RIGHT ON! and good luck with your claim in court. Its not the money its the principle of the matter!

[MaderDesign 3]

It's both BannerJohn. It's $250. I mean iunno about you guys but that's quite a bit of money. Specially with Christmas around the corner. Will I hurt if I don't get it? No. It's the point of it and it's the money I want. That money could buy my wife part of a purse lol

[midwaste 4]

As was stated earlier in the thread, all you will get in small claims court is a JUDGEMENT that she owes you the money.  The court will not dock her paycheck/checking account, take it from her income tax refund, or foreclose on her house to get your money back.  You will essentially be right back where you are, with nothing but ill will toward you and wasted time.

How long has it been since delivery of the design, Mader?

Also, it's important to keep in mind that she can spread just as much bad press about you as you can about her.  The difference is, you are on the custom service side, whereas it appears that she sells finished goods.  She'll be selling t-shirts that not a soul cares who designed, while telling anyone who will listen to never use this guy Mader for any design work.

[MaderDesign 3]

The final design was September 2 and I sent her a final invoice 2 days ago.

I really don't care who she tells it to. This city is so small that my name is out there for a good reason, because of the work I produce. Not sounding cocky but I've built a reputation that I deliver every time.

Fact is, she is selling a design she does not own the rights to. She has not paid for the rights so therefore i'm entitled to the money she collected from selling these.

[Dakotagrafx 7,297]

now you need a way to calculate how many shirts she has sold without the rights to the design to add that to the Small claims bill

[pitkin2020 1]

for those of you that wouldnt take a non payer to court for design work you have completed please let me have your details i need some design work done lol

As for Mader i think you have made the right decision, as long as you are prepared to not receive the $250 you have nothing to lose, FIGHT IT or you may aswell as pack up shop now as you will be getting a lot more customers like this in the future.

I just dont understand why anyone would be in business if they just give up at any hurdle, and why they are so afraid to fight back at customers, the old saying "The customer is always right" is the biggest lie ever to be told, very rarely are they right. 

Anyway i think you have a good case as its not only about non payment its also a copyright issue, they havent NOT paid you because of an issue with the design especially if they are selling a product with the design on it, hard proof of that would help you (I.e photo inside their store with your design on the product).

[BannerJohn 1,324]

for those of you that wouldnt take a non payer to court for design work you have completed please let me have your details i need some design work done lol

As for Mader i think you have made the right decision, as long as you are prepared to not receive the $250 you have nothing to lose, FIGHT IT or you may aswell as pack up shop now as you will be getting a lot more customers like this in the future.

I just dont understand why anyone would be in business if they just give up at any hurdle, and why they are so afraid to fight back at customers, the old saying "The customer is always right" is the biggest lie ever to be told, very rarely are they right. 

Anyway i think you have a good case as its not only about non payment its also a copyright issue, they havent NOT paid you because of an issue with the design especially if they are selling a product with the design on it, hard proof of that would help you (I.e photo inside their store with your design on the product).

this has never happened to me. Why? Because I get the money up front. I don't know a single sign shop here or where I used to live who does any design work, or cuts an inch of vinyl,without cash in hand.Even a deposit is better than nothing.

[Rodger 527]

As was stated earlier in the thread, all you will get in small claims court is a JUDGEMENT that she owes you the money.  The court will not dock her paycheck/checking account, take it from her income tax refund, or foreclose on her house to get your money back.  You will essentially be right back where you are, with nothing but ill will toward you and wasted time.

How long has it been since delivery of the design, Mader?

Also, it's important to keep in mind that she can spread just as much bad press about you as you can about her.  The difference is, you are on the custom service side, whereas it appears that she sells finished goods.   She'll be selling t-shirts that not a soul cares who designed, while telling anyone who will listen to never use this guy Mader for any design work.

I'm not sure how it works in other states , but in Maryland & West Virginia .... the same court that awards the judgement will attach wages etc . I know , I have been a witness in a case in each state mentioned . 1 case , the person was judgement immune & never paid a penny . The other , the woman's husbands wages was attached . It took over a yaer to get paid , but the judgement was paid with interest . I think Mader has enough evidence to win his case even without a contract .

[BannerJohn 1,324]

such is NOT the case in Ohio, or for that matter, most states, in SMALL CLAIMS COURT.  Collecting is up to you.

Things may work differently in CIVIL COURT but small claims is not civil court.

[spacegraphics 0]

I have been fighting for payment on a design job since February. It has been e-mails back and forth and him saying he will pay in a few weeks, blah blah. I 99% of the time get a deposit on design work, but let him slide since I have done work for him in the past. I have his "assurance" again this week that he will mail payment. Not sure if it is worth going to court over. I didn't have him sign a contract this time, either.

I just got burned on a set of vehicle magnets and car window decals, too. She was in a hurry to get them, so I got them together really quick and now she says she can't afford to pay for them. So, I am stuck with them I guess. Friend of a friend situation here, so I again let it slide on up front payment.

Back to design work, though. I have a contract regarding ownership of artwork and payment requirements BEFORE I let anyone take anything. It is more work to chase them down and make them sign a contract, but at least you will have it on paper for legal issues if it comes to it?

These are the issues that keep me working at a 9-5 job. Everyone is looking to screw someone over. Even more so with the economy being slow. I guess there is a balance between being a nice business person, but a stern one. Keep all bases covered and get some $ up front.

[American And Proud 2]

[MaderDesign 3]

I wish I would have had the money up front. But i've done a lot of design work for her and her company before and she's always paid right on time without blinking an eye. Thats the only reason I didn't make her sign something.

But she sent me an email that highlighted an email from the printer saying that he told me that the blue shirts wouldn't work right and that if i didn't tell her he was sorry.

But I find the email on September 2 where I forwarded all the email that the printer and I were exchanging. And I even CC all them to her as well. So I know she got the emails about the blue shirt discussion. This was before they even printed.

If she thinks I don't have a leg to stand on because of that then she has another thing coming.