Legal Question in Credit and Debt Law in North Carolina
I videotaped a meeting for a non-profit and they are refusing to pay saying the camera work was terrible. There were 6 or 7 places in the video where the camera operator drifted or was jumpy. I edited in the power point slides from the event to cover these and find nothing wrong with the final video. How can I get them to pay me? the amount owed is $503.63. Thanks
1 Answer from Attorneys
Did you have a contract with them? What does the written contract say, if anything? Assuming nothing is in writing, then what I would do is write a letter and send it to the director of the non-profit.
You can make a demand for the full sum, but since you admit the video was not of the best quality in spots, why don't you offer to compromise in some way if they will pay something? You could offer maybe a price discount due to the problems especially if they pay the sum by a due date. You could them a discount on future work. You could allow them to pay in installments if they are having a cash flow problem. I will leave the details up to you as you know your business.
Ask for some kind of response or payment within 30 days and tell them you will explore your legal options if you do not hear from them. Send the letter UPS/FedEx or certified mail so that you can prove you sent it and that they got it. And keep a copy for yourself.
If no response is received, then I would file a small claims suit against the non-profit company. Sue the corporation but serve the complaint on their registered agent. You can sesrch for the registered agent info at:
http://www.secretary.state.nc.us/corporations/CSearch.aspx.
The court will schedule a hearing. They may or may not show up. If they don't, well and good as you will most likely get a judgment. Bring the letter with you, explain that you were hired to do the video, that the work was done and that they have refused to pay. Show the letter and copy of the bill owed to the judge.
If they show up, they may try and argue how bad quality the video was. Tell the judge why it was not of bad quality and bring a copy and maybe equipment and offer to play it for the judge. The judge will make a decision. If you don't like the decision, you can appeal, but the sum involved is not worth it.
If you get a judgment, see if they will pay. If not, then you need to see if the company has assets of any kind. If they do, then you can get a writ of execution and have the sheriff seize the corporate assets or if you can levy on any bank accounts that the corporation has.
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