Legal Question in Business Law in New York

Freelance Artist wants payment!

I have completed a freelance project and have not seen any payment. The invoice is past due and my client stopped responding to me the day I delivered the final product.

I am located in NY. I have a contract which has a clause in it stating that any legal issues will be arbitrated in Brooklyn, NY. However, the producer I worked with (who signed the contract) is in CA. The final client (the producers' client) is in Japan. I worked with another artist located in Atlanta. I hired the other artist under the agreement that I would invoice our total amount and pay her when my client paid me. We did this because there was a quick turnaround and not enough time to get her a separate contract. The producer in LA was aware of the situation. I have email documentation proving this.

- Can this go to Small claims court in NY despite the parties involved being located everywhere?

- Would this be an issue between myself and the producer in California since we signed the contract?

-Small claims court handles cases up to $5,000. The other artist and myself are owed more. Can the artist in Atlanta sue for a sum up to $5,000 and I sue separately for a sum up to $5,000?

-If I win in Small Claims court how do I gaurantee payment?


Asked on 3/11/07, 2:41 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Freelance Artist wants payment!

You can not go to small claims court, for two reasons: 1) becuase the defendant is not located in New York (the small claims court will not send a summons outside the city lines) and 2) because the contract calls for arbitration, not litigation.

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Answered on 3/11/07, 4:17 pm


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