Legal Question in Entertainment Law in California

How to collect on film job

I was hired on very short notice to dialect coach an actor during looping

sessions for a film in Sept. 2005. I have not been paid for my work (total is

$4200) and the production company now tells me that since the film is over-

budget, the completion bond company has to approve all payments. I was

told I'd get partial payment over a month ago, but haven't received anything.

Do I need to file in small claims court? My county (Ventura) or theirs (LA)? I

was hired over the phone, and the sessions took place in Burbank.

Thanks.


Asked on 2/26/06, 11:06 am

3 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: How to collect on film job

The film company at issue is in breach of contract, and you do have remedies available at this time. You have actionable rights in small claims court, however, there are certain procedures you need to follow in order to help ensure your claims are successfully adjudicated, i.e. civil demand letter prior to filing, etc...

If you would like prompt, affordable legal assistance in this matter, contact us directly for a free phone consultation.

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Answered on 2/26/06, 12:17 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: How to collect on film job

The problem with small claims court is that you must appear personnally. You could file in Superior Court and have an attorney represent you, and the matter would probably resolve without a trial. Interest is accruing that you are entitled to, and you may need an attorney to collect any judgment awarded in small clains court anyway. Be sure that AFTRA does not have any collective bargaining agreement under which your profession may be covered. Call me directly at 6192223504.

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Answered on 2/26/06, 2:32 pm
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: How to collect on film job

Unfortunately, it is not uncommon to not get a response from a production company before you involve an attorney. The first step that we usually take is send a demand letter and see if that will start amicable dialogue so that you do not have to bring a lawsuit. If you get no response, small claims court is your next option but from what I gather you may not have a written contract so it will be up to you to prove the terms of the oral agreement. You could file in Ventura county but it may make more sense to file in LA county since LA courts will have more experience with this type of action. We could help you with the demand letter and try to facilitate an amicable solution.

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Answered on 2/26/06, 2:36 pm


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