Jonathan Sanchez Posted August 31, 2012 Share Posted August 31, 2012 Hi, Got another client who has refused to pay. I'm thinking about filling for a lien on his residence and I was wondering if anyone here has had experience with the matter (in the U.S.). I'm just an illustrator so I didn't need a construction license, so I dont know if the fact that I have no "license" will prevent me from filing a lien. I will be talking to an attorney, but would love to hear personal experiences first hand. Thanks. Link to comment Share on other sites More sharing options...
Ernest Burden III Posted September 1, 2012 Share Posted September 1, 2012 Novel. A mechanic's lien from an illustrator? Give it a try, then. Generally, we only have collections suits to get paid. Attaching someone's property is the next step after you win in court. What happens is you sue, wait six months, their attorney files for a continuence because someone's dog coughed up a chicken bone, then you kick their ass in the hearing (easiest part--you did the work, they didn't pay) THEN their attorney offers you half now or they'll appeal which adds another six months. You take half after a year of angst. That's called 'winning in court'. Find another way, if possible. Now, if your contract includes language like 'usage rights upon full payment' and a client used the work commercially, you've got copyright and fraud issues. Link to comment Share on other sites More sharing options...
heni30 Posted September 1, 2012 Share Posted September 1, 2012 I've always thought of putting some money aside in a collection fund to hire a couple of goons to go and negotiate a settlement with non-paying clients. Seems like it would be cheaper and get quicker results. Link to comment Share on other sites More sharing options...
Tommy L Posted September 1, 2012 Share Posted September 1, 2012 I'll goon. Link to comment Share on other sites More sharing options...
heni30 Posted September 1, 2012 Share Posted September 1, 2012 Do you have relevant experience? ..........bouncer; military front line; martial arts? How much do you weigh? Mean attitude? Link to comment Share on other sites More sharing options...
Tommy L Posted September 1, 2012 Share Posted September 1, 2012 6'1" weigh 210. Not much of a fighter though, I'd probably have to hug the money out of them. Link to comment Share on other sites More sharing options...
Ernest Burden III Posted September 2, 2012 Share Posted September 2, 2012 British soccer fan? You'll do! Link to comment Share on other sites More sharing options...
Jonathan Sanchez Posted September 2, 2012 Author Share Posted September 2, 2012 The client who's refusing to pay is a developer who hired me to produce images for a home he plans on selling soon. Placing a lien on it would hit him where it hurts. Florida law protects the rights of professional services (architecture, engineering, surveyors) to place liens on such properties. My only dilema is wether my service would be considered "professional". I'm not licensed, but my images could have been used to sell the home. As a matter of fact, I have evidence that he's tried to use my prelim images with watermarks for such a purpose (i've not given him watermarkless images since it is my policy to not do so until final payment arrives). Link to comment Share on other sites More sharing options...
Tommy L Posted September 2, 2012 Share Posted September 2, 2012 (edited) If all avenues of reasonable communication have broken down, especially if he's actually told you he's not going to pay, then try threatening the lien before moving on it. Maybe that will be enough. By the way, many lawyers offer their services free for the first appointment. If the lawyer recommends you proceed then a letter from a lawyer will carry more weight than just from your self. Did you have the client sign a contract? Edited September 2, 2012 by Tommy L Link to comment Share on other sites More sharing options...
Jonathan Sanchez Posted September 4, 2012 Author Share Posted September 4, 2012 I do have a contract with him. Link to comment Share on other sites More sharing options...
John Dollus Posted September 4, 2012 Share Posted September 4, 2012 make sure to retain copies of your evidence of use before you contact him about the lien. If he removes the site or replaces the images,your evidence may disappear. Link to comment Share on other sites More sharing options...
Scott Schroeder Posted September 4, 2012 Share Posted September 4, 2012 As long as the payment terms are explicitly lined out in the contract, as well as the payment invoice, you should have no issue with legal action. I'm not sure if you can get a mechanic's lien since it's fuzzy as to what a rendering actually is in terms of legal talk. Take up a lawyer on a free consultation talk as to your actual options. Then, you may be able to place an attorney's lien on them for legal fees plus payment. Link to comment Share on other sites More sharing options...
Jonathan Sanchez Posted September 4, 2012 Author Share Posted September 4, 2012 I'm not sure if you can get a mechanic's lien since it's fuzzy as to what a rendering actually is in terms of legal talk. That's the question at hand. Can my renderings be considered a "professional" service provided to the owner for improvements/remodeling/renovations on his property? Was hoping someone in these boards had experience with the matter, but apparently not many illustrators have gone down this route. I'll talk to the attorney I guess. Link to comment Share on other sites More sharing options...
Ernest Burden III Posted September 4, 2012 Share Posted September 4, 2012 Now, if your contract includes language like 'usage rights upon full payment' and a client used the work commercially, you've got copyright and fraud issues. That. Having such language opens up options without the contract appearing threatening. You still need to show they used the work commercially, but there are more teeth than simple collections. And even if you cannot get a mechanic's lien under local law, you can still attach property once you've won a judgement and they still haven't paid. Best of luck. Link to comment Share on other sites More sharing options...
Jeff Mottle Posted September 4, 2012 Share Posted September 4, 2012 Depending upon how much he owes you, you could also just hire a collection agency. Court ordered collections are a bit of a joke as if they don't pay you still have to hire a collection agency anyway. May as well just skip the time consuming and irritating court part. There are pretty much no rules to hire one as long as you have a contract to show the money is owed to you. In the past when I've not been able to collect I just send it straight to collections. The main issue is the amount (at least in the US when I've tried) most collectors are not going to try too hard unless the amount is over $5K. I've tried for $1-2K and the best you'll get is a demand letter and a nasty phone call or two. If that does not work, they just stop working on it. They also take between 25-35% depending on who you hire. There are collectors everywhere and I've even hired them in different countries where the client is based. Always a last resort, but when you flat out stop communicating with me or tell me you're not going to pay, you know I'm going to come after you. The lien is a cool idea though...hope that works out for you. Could set a new industry precedent. BTW, I'm all for paying into a "special" goon fund. Sounds like a novel idea LOL. You might be able to mess around with an architect, but don't f**k with the illustrators...they're all "gooned" up. Hahahah Link to comment Share on other sites More sharing options...
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