Re: The Whatever Thread

[JGH27]

This is a highly unlikely possibility but have any of you ever had to go through small claims court? I understand Canadian laws would be different but any advice could be beneficial.

Long story short I did a camera gig back in September. My invoice states payment is due within 60 days. 60 days has since passed without any word on their part. I've called their office, sent several emails and its looking like I may need to file a claim with the courts in order to obtain the payment which is now 15 days beyond the given due date for payment.

[Raya]

@J: Yeah, I've had all the fun and games of the small claims court. I also do a bit of it at work (I don't do the claiming, but I grease the wheels for the credit control department to do their thing). Mainly, you need to get your evidence together first, because the more legwork you do now, the easier it will be for you/the harder it will be for them to get out of it. A lot of companies, due to cash flow, will ignore invoices for as long as possible so their numbers look better. They'll do anything to stall, so don't let them fob you off!

- Check your invoice and the wording, make sure it clearly says '60 days from end of invoice date'/whatever. You'll need this to prove they're in breach of contract.
- Get copies of any and all correspondence. Prints of letters you've sent, proof of posting etc. You need to prove you've done your best to alert the company.
- Get evidence of anything else related, eg, proof of delivery, acknowledgement of work done etc (one common thing I have to deal with is customers refusing to pay invoices because the delivery ticket wasn't signed, so we can't prove they received the goods, even though they clearly did).
- Usually I'd say contact the company one last time in writing, making it clear you will open a claim if payment is not received, but I think they've waited way too long.

I imagine opening the claim is very similar in Canada, fill out a form, submit it, wait for the company to throw a hissy fit. They'll either pay, or refute the claim, which is why you need all the evidence you can to back you up.

It's really not fun, but a lot of companies will do anything to get out of paying invoices, so don't give up!

[JGH27]

Thanks Raya!

I have saved copies of all email correspondence, emailed them a few days prior to the due date as a reminder and have followed up after but not a word from them.

I am only missing the receipt for the harddrive I had to purchase which they claimed they'd reimburse for which I have the number in writing several times but no official receipt.

I am going to make 1 final attempt tomorrow and if no one answers I'll be filing with the courts.

[JGH27]

Good news, contact has been made with the owner. He claims the accountant screwed up so my pay is on route.

[Relmitos]

Little bit late, my excuse is that the forum logged me out and I didn't notice for whatever reason, but glad that worked out for you J. That's definitely a lot easier then what it could've been.

[JGH27]

I'll feel better when the actual cheque arrives, still nothing and am currently at rock bottom on so many levels.

[JGH27]

FINALLY got paid from the job in September I did!

And it all went towards hockey equipment lol

[Raya]

Good going J Companies can be such a bitch when it comes to paying what they owe, good job on sticking with it and winning!

[JGH27]

Good going J Companies can be such a bitch when it comes to paying what they owe, good job on sticking with it and winning!

Ya, kept trying to screw me so I finally told him that until I'm paid I legally own the copyright on the material I shot. 20 minutes later I was paid in full

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