I agree with Geoff about the housefly and the howitzer. Small claims court
produces only a document that says they must pay you. You still have to
collect (more costs, more time, more anger). I have successfully used a
Commercial Affidavit of Fact. This document clearly states that if they do
not pay within 30 days the amount doubles every 30 days, as well I have the
right to put notices in all the newspapers, contact every bank imaginable,
and if I wanted to put up placards down their street. They still did not
want to pay. I received a cheque from their lawyer in 28 days. I prefer
bazookas to howitzers for withheld payments.
Nora
Geoff Hart wrote:
which it was because the contract was terminated before the book was done.>>
If you really need to establish a rep as one bad dude who nobody messes
with, you could invoke one of the nastier legal tricks a family friend once
tried (successfully) in such a case: Explain to your contact that you plan
to take the case to small claims court, and have the judge call in every
person who dealt with you, from the company president to the lowliest
engineer/developer who provided text, as a witness. Even if they think
they'll win, the inconvenience and lost time this process would entail is so
huge that they'll probably cave in. But be aware that this is swatting a
housefly with a howitzer, and leaves craters and scorched earth in its wake
that seriously disrupt your future business landscape. Use only in truly
desperate cases and if you're prepared to deal with the consequences!
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