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Old January 21st, 2005   #1 (permalink)
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Default Info about law in USA

Hi,

I'm new here, cause my english is not ... perfect...

I'm a freelancer in Paris, and I've made some visualization works for a customer based in Miami. But, you know what ??? Since I ask him to pay, he doesn't answer...
So I'm wondering how can I adress him an "order to pay" ?
I've looked for info on the internet, but it is difficult to understand the laws of my own country, so imagine for an other one !

If someone here has an experience to share with me, it would be welcome !

Hope I will read you soon.
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Old January 21st, 2005   #2 (permalink)
mbr
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Default Re: Info about law in USA

Do you have a contract?

Unfortunately, there is no way for you to 'make' him pay. You could take him to court, but most likely that'd require you going to Miami and waiting possibly a year to the court date. Then it's just his word against yours.

Sorry to say it, but when someone doesn't want to pay, there is no way that isn't costly and time consuming to make them. Best way to do things is to get a large portion up front, esp. if it's some developer that has an incorporation for each project (and thereby no assets you can sue for - this happened to me, I could have sued and won, but the LLC had no assets and the cost to do it was just not worth it, although it sucks and it was a lot of money, and I did have a contract).

Just try to be nice and firm. In the future, don't deliver until you get money. Nice thing about our work is we can send a compressed jpeg to show it's done, then get the money, then send the hi res (I'd only do this if the person seemed sketchy, like not wanting to pay upfront).

Good luck.
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Old January 21st, 2005   #3 (permalink)
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Default Re: Info about law in USA

Thanx Markus for your answer.

I've established an estimate, signed by the customer, which mention the advance and engage him to pay, but I have not a formal contract.
In fact, I've wrote this thread to find an equivalent of the french procedure known as "injonction de payer", which is a sort of quick trial : you fill a form in the Chamber of Commerce, and the customer receive an order to pay. I would hope to find an equivalent in the US system.
But it's true that I can't afford a trip to miami...

Thanx for your lights.
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Old January 21st, 2005   #4 (permalink)
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Default Re: Info about law in USA

Even if you make it to court and win then you still have to get your money which puts you in the same place you were to begin with. The best way is to take a lien out against a piece of property that they own that way if they can't sell until the lien is removed. But they have to be selling property to make it of any use.
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Old January 21st, 2005   #5 (permalink)
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Default Re: Info about law in USA

There is no simpler way than going to court ???
I was thinking that France as the worst procedure in this case !

I can't think that there is not a smart way to resolve this dilemn !

edit for markus : I've sent a jpeg (200x200) for a logo, but the customer was pleased with ! It satisfied him...

Last edited by ovo-id; January 21st, 2005 at 03:20 PM.
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Old January 22nd, 2005   #6 (permalink)
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Default Re: Info about law in USA

oh well everyone gets a client who does not pay which just makes you a little smarter the next time around .... sorry abt it ovo ....just be careful next time i guess
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