pay me please

[eltf177]

you want the full $300 plus x% for each day it was late.

Plus legal fees!

[Jester]

Legal fees? Really? Let's think about this.

While I think legal action is a bit much for the amount in question, I could understand it. But this would be something that would take place in small claims court, due to the amount. And honestly, a lawyer for small claims court?

I know what you're thinking. I do. "Damn the torpedoes, hire the lawyer, and have the school pay the legal fees when I win." Well, there is no guarantee of that. The win is pretty much a slam dunk. But I would not be surprised by a judge saying that the school did not owe the legal fees, since a lawyer is overkill for small claims court, especially since the contract is pretty much a smoking gun. I would also not be surprised by a judge saying that the school DID owe legal fees....up to X amount. Either way, there is a good chance that F&F would get left holding the bag for a decent amount of legal fees, all for $270.

Is legal action a course of action to be considered? Yes. But in this case, the threat of being dragged into small claims court, plus the potential negative publicity that could be generated (if, say, a local paper got a hold of the rather interesting story about the Catholic school not paying for its performers), should be enough to beat the school into submission.

Using an actual lawyer for this would be the legal equivalent of using a shotgun to get rid of a mosquito.

[eltf177]

Lawyers are rarely needed for Small Claims. I meant filing fees plus time and trouble.

[Jester]

Oh. That makes a lot more sense.

[Jetfire]

As a loyal Judge judy and People's Court watcher, I'm pretty sure you can NOT be reimbursed for "the trouble to go into the court and file/to go in front of the judge". On the other hand, if you win you do get your filing fees back.

Plus I'm not positive on this (and I'm not even American, let alone a lawyer), but Small claims courts aren't even allowed to bring lawyers in; the idea of them is that everyone is on an equal footing there, so it's just you versus whomever you are suing in front of a judge.

In any case, the best thing to do is to make sure you have all of your documents in your attempts to get the missing money, as well as the original contract (and anything either party signed). Sounds like you got a signed statement from the Principal saying the school still owed the difference as well which is good.

Send them a final notice for when to pay by (give them no more than a week and make sure you get a receipt saying they received it), and then consider going to small claims court. (Who knows? We might see you on Judge Judy from all this. )

[Lachrymose]

f_and_f would at least get her money that way, but the school wouldn't be punished since on all the judge shows the producers pay the judgement, no matter what they lead you to believe.

Wouldn't we want to see both happen?

[csquared]

Unless you already have a lawyer on retainer, it will most likely cost more than the $270 your looking to collect.

It looks like attorneys are allowed in Maryland Small Claims Court (google-fu, one finger typist style - I found this http://www.courts.state.md.us/distri...dccv001br.html ). However, the idea is that Small Claims Court is simplified and you do not need an attorney.

Interest, attorney's fees and court fees are discussed in the link above. Boils down to what is in the contract.

Personally, I would badger them daily for another two or three weeks before I resort to Small Claim Court. Of course, you are also going to spread the word around to your fellow musicians that these people need to pay in advance.

Hope the check shows up soon.

[flutes_and_fabric]

Lawyers are allowed into small claims court here, but honestly I wouldn't want nor would I need to waste the money on one. Unfortunately because there was no talk of interest in the original contract I cannot collect interest. If I were to deal with this school in the future I would make them add interest to the contract (honestly it was no trouble for me to drive down there, perform 15 min, and then leave for $100. I'd do it again, but would request to be paid by check in person after each performance, not in a lump sum at the end.) As much as I would like my money, I'm not going to take them to small claims court. It's time I'd rather spend on something else. I'm just going to send an e-mail to the teacher and principal every day. Pay or else! Or else what? I'll annoy you! I don't think this will come back to me during my job hunt (I want to be a teacher) because I spoke with the music supervisor for this county and he doesn't like this school's principal anyway, and honestly, as a jewish gal I'm not in the market to work for the archdiocese (had to google that for spelling), I did some of my student teaching at a different catholic school and I loved it. The boys were awesome and nice, and the main band teacher wasn't all that focused on religion, but then some times did make me uncomfortable. Especially saying prayer before class. It was just weird for me. And it wasn't even the subject matter, because I'm all up for respecting other people and their beliefs. I think it would even be strange for me if I were at a predominately jewish school and we prayed before class. I guess the action is just strange for me. Please do not turn this comment into a serious debate. That's how their school did it, so they were right, the end.

[flutes_and_fabric]

Oh yeah, forgot to add in my last comment: Still on check watch, day 25 or something close to that. I'd have to look up the exact day, but I makin steak and pasta and biscuits from scratch, and I'm too lazy to go up all the stairs to my room.

[MaseMan]

Send them an invoice via certified mail.

[JambaBamba]

I doubt very much that the principal or the teacher physically write the checks; can you find out who the accounting person is and start calling them as well? For all you know the Principal is being pissy and the accounting person doesn't even know that you're owed a check.

Also, with that school I think you should request the check to be given to you at least one week prior to the performance. Or at least have them give it to you before you go on...

[bainsidhe]

I wish you the best of luck with this. It's sadly a perfect example of passing of the buck (no pun intended). Please keep us updated.

[draco664]

If it were me, I'd go back to the school (after making sure the bursar was in that day) and say that the check was lost in the post, so please put a stop on that one and cut me another one while I sit in the reception waiting, thankyouverymuch.

Sometimes, you've just got to stay in their field of vision. The old "out of sight, out of mind" applies.

[Geek King]

As a loyal Judge judy and People's Court watcher, I'm pretty sure you can NOT be reimbursed for "the trouble to go into the court and file/to go in front of the judge". On the other hand, if you win you do get your filing fees back.

Please keep in mind that those TV Judge shows have their own rules, many of which have nothing to do with the real legal system. In most jurisdictions in the USA, you can indeed ask for reimbursement for time and filing fees in addition to damages in small claims. It is up to the Judge to decide if the requested compensation is reasonable if you win.

[Andara Bledin]

If you want to make certain that a check was written, then ask for a check number.

I do this all the time when customers are jerking me around as regards late payments.

^-.-^