It is free but I am unhappy..and other stories

[pageantmama]

One other thing to consider about small claims court is how you will collect. If you win a judgement, you can pay a fee to garnish wages, but that idea is bust if she's self employed. Though it may feel good, there's no use getting a judgement with no way to collect.

That is what I am afraid of. Even if I had the money to file a claim, which I don't, she is self employed so they would not have any way of getting the money owed anyway. And she doesn't pay taxes on what she sells either so she is not even registered as a business I don't think. I have heard from several people about things like that she has done to other people. She had a photo shoot for a magazine down here a few months back and was charging 100.00 to be in her 10 page spread in the magazine. A very popular pageant magazine. 50 was to go to the photographer, 25 to the hair and makeup person, and then 25 to her for allowing us to wear her clothing. You would think she would not have charged me for my daughter to do it since I made some of the clothes she used in the shoot but she did. And you would also think having 10 pages that all the girls that did it would make it in the magazine. She decided to devote each page to only 1 or two girls and surprise surprise, all of her 5-6 granddaughters made it and then a couple of other girls made it in. A lot of the parents were pissed that they paid that much and didn't make it in the magazine. One lady even traveled down here to GA from TX and paid airplane fee, hotel fee, and her stupid fees for the shoot and her daughter did not make it in. Yes it may sound stupid but if you are in the pageant world it is an honor to be in this magazine, lol.

But anyway not only is there no way my daughter is going to make it in any ads now that she has done away with me and basically took my 100 for the shoot, she also screwed over the photographer. The hair and makeup person she brought was her daughter in law. Her daughter in law decided to get hopped up on pain pills before she came and she moved at the pace of a slug to do the hair and makeup. What should have taken about 10-15 minutes on each girl took her around 45 minutes. Instead of the shoot lasting for 4 hours for all the girls like planned it lasted over 12 hours AND she did not even get to all the girls and had to shoot it another day as well. So the photographer had brought in some helpers to help shoot all the girls that needed to be paid for 2 days instead of 4 hours, the place she rented for the shoot needed more money for more time, and then the thief lady tried to short her 150.00 for her part of the money. My family goes there for pictures so I know the lady well and she told me all this and said she would NEVER work with her again and would tell all her photographer friends not to either.

[notlovinit]

Could some one who actually knows this stuff possibly verify this:

If pageantmama was to file in her state, isn't it on the thief's head to show up where pageantmama filed? And if the thief doesn't show, isn't the ruling likely to default in pageantmama's favor? (I read some stuff on people using small claims to deal with issues like this a little while ago, but I can't remember specifics).

Any way, I wish you the best of luck on this.

Okay, I study criminal justice at my university and in response to your questions:
I don't know what state you are in, but in my state, yes they would have to come to the place charges are filed. I believe this to be the case in other states as well, but I don't want to say 100% for sure.
As for the other question, if she didn't show up the judgement would be in your favor 100%.
As far as collecting payment, it is very difficult to do and will likely not happen. It all depends on how she reacts to it. You can keep going back to the judge and report that she is not paying, but without a paycheck to garnish they can't really do anything.
However, what this could do for you is get you some sweet revenge. She will have the judgement listed on her credit report for 7 years and it will wreck her credit score. (I've actually seen this firsthand on a relative that had something filed against them in small claims and they didn't show up - pretty much this exact situation except different circumstances.) This will also show up on background checks and if she ever wants to join a career in the military or police or corrections or any other job that is sensitive about the background and credit score of it's applicants (I know this is probably far fetched that she would apply for anything like that)
Also, with a judgement against her you have solid proof to go to your community with and get her blacklisted. And hey, without any work, maybe she WILL apply for some government job with a background check.

[LillFilly]

You are getting taken advantage of far too often. It seems you want to help people with high quality, affordable outfits, but they're using you so much! I think you need contracts and at least payment for materials up-front. I got screwed once before, never again!

[Kristev]

Another advantage of going on a show. They pay you to come on, and if you win, the show pays the judgement. Not exactly justice because the oenalty doesn't come out of the defendant's pocket, but you do get your money if you prove your case, and your opponent is humiliated in front of three million people.

[taxguykarl]

I'm thinking you should document everything and take her to small claims court. I'm petty and would want to start mudslinging, but you're right that will only make you look bad and you're running a business after all.

Remember the lawyers' cliche: When the facts are on your side, argure the facts. When the law is on your side, argue the law. When neither are on your side, just argue.

[Blue Ginger]

Bonus plus = if you go on TV with the claim, they may show some of your beautiful designs.

You may even got work out of it.

[Andara Bledin]

File a complaint with the IC3.

They are the default place to start for any crime that had an Internet-based component, including social networking, chat, or email.

I imagine that you have more than enough information for a strong case against her for theft.

You deserve better than that lying, scamming bitch.

^-.-^

[Mystic]

I agree, you need contracts. The fact that you've been working so long without them and have so many issues with people is a little silly. You need to protect yourself from throwing your hard earned money out the door because it's painfully obvious that people in your industry, much like many others, are venomous and will use you at any chance they get.

Cover your butt, get contracts written up and follow through when they are broken.

[Sapphire Silk]

That is what I am afraid of. Even if I had the money to file a claim, which I don't, she is self employed so they would not have any way of getting the money owed anyway. .

Don't let that stop you. Filing fees for small claims court are small. It'll be worth it to get a judgement; if she refuses to pay, it will destroy her credit score. That'll hamper her ability to: get a cell phone, cable/tv service, utilities, buy a house, buy a car.

She'll pay more for a house or car in interest rates. Utilities, cell service, etc will all make her pay a large up front deposit for service. She won't get the best credit card deals.

It really isn't worth it for her over $300.

But even if she decides it is, you will feel better because you will have stood up for yourself. Don't let this bitch walk all over you. She is laughing at you.

Make her cry instead.

[Jetfire]

N'ing the comments about starting to use contracts too. They don't have to be formal, but they should clearly outline what you are going to do and what they are going to do, even if it is written in crayon on a napkin. The idea is you get the terms down so both parties know what to expect. Generally speaking, vocal contracts are worth the paper they are written on; having Paper/Email contracts will save you a lot of hassle down the road, and make it all the easier to go after deadbeats like that other person.

[Andara Bledin]

That's one of the bonuses to doing communications via email/text/IRC, but you have to keep good records to be able to use the above as something better than a verbal contract.

I figure that it's ok to work on a verbal basis as long as the amounts/materials involved don't get high/personal enough that you will be notably upset if the other side flakes out/reneges/cheats on you. Once they get to the point where them not paying or misusing your work will actually piss you off, then it's time to break out the legal documents.

^-.-^