Legal Question in Business Law in New York

A film company we did sound for owes us $23,000

Round house music, inc completed over

380 hours of audio editing for

recording for One City Productions LLC

for a total of $23,500.

The production company failed to pay

30 days after the audio master was

delivered.

What can we do to recoup what is owed

if the production company has no real

assets?


Asked on 1/22/07, 9:36 pm

6 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: A film company we did sound for owes us $23,000

Either go home or sue them and try to get what is owed you. From a business decision point of view, the answer should be very clear.

Good Luck

RRG

Read more
Answered on 1/22/07, 10:15 pm
David Simon Hogan & Rossi

Re: A film company we did sound for owes us $23,000

It sounds like you are putting the cart before the horse, not that looking toward the future is a bad thing. You first need to get a judgment against the production company before you can start executing on assets. That means suing them. However, if you know that they are thinly capitalized, and you have a legitimate basis to believe that they will be transferring or squandering assets, then you might be able to seek an order of attachment to freeze anything they do have while your lawsuit is pending. This is why it is always a good idea to try to get personal guaranties whenever you do business with a small company or LLC.

Hopefully you have a contract with them that provides that you can recover your reasonable attorneys' fees, costs and disbursements in the event they breach. Otherwise, if they have any reasonable defense requiring the case to go to trial, you could possibly spend $23,000 on lawyers.

Consult with an attorney to see if you can file a motion for summary judgment in lieu of complaint. If you can, that might be a shortcut to the judgment.

Read more
Answered on 1/23/07, 12:23 am
Scott Levinson Korybski & Levinson

Re: A film company we did sound for owes us $23,000

When you say the production company "failed" to pay, are you saying that they are refusing to pay? Is there any basis for that refusal? Are they still in business? There are a number of questions to answer to get a better picture on the situation. Nevertheless, in the end, if they are in business and are unreasonably refusing to pay, you can sue the production company and obtain a judgment against them. At that time collection efforts can be started. In terms of "assets," they may have accounts receivable that you can attach. My firm handles these types of cases and I would be happy to discuss this further with you. Feel free to contact me at your convenience.

Read more
Answered on 1/23/07, 8:44 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: A film company we did sound for owes us $23,000

If you have ever received a check from them,the records of that acount can be subpoenaed and in conjunction with an action to reover your fees, you can seek to attach the acount. Alternatively,

determine whether there are individuals who might be liable. If you wish to disuss this, feel free to contact me.

Read more
Answered on 1/23/07, 10:56 am
Steven Czik CZIK LAW PLLC

Re: A film company we did sound for owes us $23,000

The first step would be to initiate a lawsuit either via a summons and complaint or a motion for summary judgment. If the production co. does have minimal assets then you may want to seek an order of attachment as well. We happen to be right in the neighborhood and this area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

Read more
Answered on 1/23/07, 1:46 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: A film company we did sound for owes us $23,000

One of the first issues to consider is what business form was the company operating under. Depending on what type of company this was there are a variety of options.

You should contact my office for a further consultation on this matter. You can reach us by email at the email address provided below, you can visit our website at www.cgonzalezlawfirm.com or you can contact us directly at 2127098303

Read more
Answered on 1/23/07, 7:32 pm


Related Questions & Answers

More Business Law questions and answers in New York