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solovyov
Feb 23, 2006

LAWYER FIGHT

Subjunctivitis posted:


So again, to reiterate, if I take him to court, I want to prosecute him to the fullest extent, and I don't think that is in small claims court. I am in the process of researching and contacting attorneys to see what my options are before I take any course of action. I'm also waiting out to see what he is trying to do for a bit, because I think he is really really inflating his side of the situation with hot air and bullshit.

This is sort of a tricky situation because I seriously doubt you need a lawyer's services to get your invoices paid but you probably need a lawyer to hold your hand/yell at you/bang your head against the wall explaining all this extraneous bullshit. Bottom line: you did Assistant work for him, he owes you money for that work. Ignore the "internship" issue. Ignore any other issue he brings up until he has a lawyer contact you. I assume your invoice is within small claims limits. I doubt a lawyer will agree to represent you under reasonable terms(do not retain a lawyer at an hourly rate for this case!) This is something you should be able to handle by yourself.*

File in small claims for the assistant's work you did, include whatever damages you are allowed (small claims guidelines are usually pretty thorough and instructive). Photog dude will be issued a summons to appear in court as part of the process of getting the case started. Show up for your court dates with all your documentary evidence of present claims (invoices, receipts, cancelled checks anything reduced to paper) as well as evidence of previous payment. You've done assistant's work for awhile for this guy, show invoices and proof that they were paid in the past. This will show the judge the pattern established between you and photog dude, rate of pay, what sorts of expenses were being reimbursed, etc. IGNORE THE PHOTO EDITOR STUFF. You never tried to get paid for it in the past, you're not trying to get paid for it now, it is completely irrelevant to your claim for payment for services rendered. If photog dude wants to try and tell the judge that he doesn't have to pay for your assistant's work because he thinks you owe him more free photo editor labor the judge will laugh/yell/tell him to file a counterclaim recording (for someone's future entertainment) his grievance. Even if he is in the right about you owing him free labor (he's not!), he is still not at liberty to deny you payment for the assistant's work.

Alternatively, select your favorite daytime tv judge and send his/her producers a letter explaining your situation because both you and photog dude are ripe for picking. Bonus: the show will pay any judgment you are awarded so unlike real small claims court you won't have to worry about collecting the money from photog dude after you win your case.

I'm not going to use my hard earned/expensive legal skills to explain all the other poo poo you've got going on, or aid you in vindictive pursuits. I'm going to rely on the authoritative intimacy that can only created by an anonymous online legal advice giving relationship and say: just leave all the other poo poo alone. Don't talk to the guy about it. Don't negotiate with him about it. DO NOT SIGN ANYTHING. If he has a lawyer contact you about anything, go get yourself a lawyer. Until then, leave it be.




*This is free legal advice offered by an attorney not licensed in your state, without concern or care for you tracking me down and filing bar complaints against me or suing me for malpractice because I have prepared a solid defense of "lol, look at this dumb bunny! I couldn't just leave him there!"

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solovyov
Feb 23, 2006

LAWYER FIGHT

Subjunctivitis posted:



Goddamn I should call Judge Joe Brown right now.

I am now actively cheering for you to lose your case because I gave you all the advice you needed last week and you're still fussing around wasting everybody's time with your goddamn details that don't loving matter.

The problem with giving free legal advice is even the stingy little assholes don't respect it.

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