VO-BB - 19 YEARS OLD!

[Drew]

...sue a 'client' to get paid. There's a certain agency in a town called Atlanta that hired me to voice and produce a bunch of auto spots. I did a spec...got approval and did the full order. In the end their cleint went a different direction. They tried to get me to accept a ridiculously lower rate and I stood firm, as my deal was with them not their client, the spec spot was approved and I was given the go ahead to voice and produce all 8 spots.

I've sent them two notices by certified mail with the second notice politely, but firmly stating that I will file a cause for action if I don't receive payment before September 1st. To date, they've ignored me.
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www.voiceoverdrew.com
Skype: andrew.hadwal1
Although I have a full head of hair, I'm quite ribald.

[dhouston67]

Haven't had the privilege. I hope they get the message and pony up...
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Great Voice. Great Choice. For Voice Talking and stuff.
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[Frank F]

Simply said, Yes I have had to take several clients to court.

Two things (among a lot more):

1: What kind of documentation do you have supporting your issue and the rate originally offered? Do you have a contract? Is it signed, and by whom? Are there emails outlining everything you were to create, and a timeline to do it? Do you have any written documentation - including emails which put a price per spot or for the set of spots? etc.? Does it outline any specifics about IF the spots are used and IF they were not used for broadcast?

2: How much are you willing to spend to defend this issue and cover the losses which might/will occur to your name, reputation, and potential future work?

Is it worth it?

In my cases, yes. But if you do not have solid documentation, NO verbal requests or orders... think long and hard... and if you can settle the issue like gentlemen - do so...

As you might observe, I do not "go for the throat", - - - at first. Change your tactics if necessary, don't give in... yet. But, you must have a postiion of strentgh to negotiate from to keep the damage to your reputation minimal.

The 'art of negotiation' should be a major course of interest for these types of situations in our business.

Frank F
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Be thankful for the bad things in life. They opened your eyes to the good things you weren't paying attention to before. email: thevoice@usa.com

[audio'connell]

Agreed with Frank on the docs. Without them,, there is no case.

Secondly have your case reviewed by a trusted lawyer friend (less likely to charge you). Likely your case would be in small claims court where you would defend yourself so out line your factual points and let the judge decide.

Good luck....if you've got your ducks in a row...be not afraid! Sue the bastards!
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- Peter
audioconnell Voice Over Talent
Your friendly, neighborhood voice over talent

[Drew]

Oh, this is most definitely a small claims court case. The total due is just under a thousand bucks. And, yes I have nearly ten emails, all printed out giving me written directions to move forward with the work.

Oddly, when I initally called the agency president to discuss the situation, I got a very obtuse lecture regarding how many of his spec projects never reach fruition. I stopped him short after I explained that his producer got the okay from their client after hearing the spec spot and supplied me the additional scripts with directions in writing to have them by the next day.

"Oh..um, well...let me talk to her and get back to you," he said.

Of course, he never got back, and now refuses to take my calls.

At the very least I will report him to the BBB, and maybe put the matter in collection. The collection agency will take a good chunk if they get payment, but there's a principle here. I've dealt with other agencies who've commissioned work from me only to have the client change direction a full 180. Yet, I was paid the full amount. No questions asked. No nonsense.
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www.voiceoverdrew.com
Skype: andrew.hadwal1
Although I have a full head of hair, I'm quite ribald.

[Bill]

you might want to consider a letter on attorneys letter head laying it all out and requesting payment. that might let them know you are serious and shouldn't cost all that much if you have an attorney friend.

[Frank F]

Three Words for Every Voice Over Talent's Toolbox: Pre-Paid Legal.

Any questions? Ask off-line and get an answer off-line.

Frank F

(No, I do not act as a representative of this business).
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Be thankful for the bad things in life. They opened your eyes to the good things you weren't paying attention to before. email: thevoice@usa.com

[kgenus]

[Drew]

So, in essense, the suggestion is to let this particular deadbeat continue to shit on people because to take action only casts the aggrieved as a whistle blower? The older I get the more cynical and jaded I become.
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www.voiceoverdrew.com
Skype: andrew.hadwal1
Although I have a full head of hair, I'm quite ribald.

[kgenus]

I can see how my words might be taken out of context soo....

"Amen to that!" - Keep a lawyer on retainer, something I learned eight months ago and will do for quite some time. You never know when you'll need one. It's business.

"It's the last thing you want to do, especially to people with whom you work." - Lets face it, taking someone to court is the last thing anyone wants to do, it is not about principle, nor is it personal. It's business.

"Remember, the people you see on the way up are the same people you see on the way down." - Something I was taught by Wayne Cameron at the Peabody Conservatory of John Hopkins University back in 1988. It's personal business.
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Genus

[Frank F]

No Drew, I don't think you understand. Just have your "ducks in a row". You Have Rights, If you are prepared and understand your rights, use them - wisely. This theme is what our country was founded upon. The ability to know when and how to use your rights.

A strongly worded letter from an attorney explaining that you are 'not happy' and there are ways to settle the issue (including attorney fees) is a lot less costly than going to court.

Do not assume you will "win" just because you have the right paperwork. And for Pete's sake, get a contract from this point. A contract which you can email to the client, and noted that when sent back via email it becomes a legal and binding agreement This contract/agreement doesn't have to be an epic, but it should cover the basics.

There is another tactic which you might use until the case is settled... a "cease and desist" to all radio and television station airing commercial announcements for the client (this means any and all clients of the advertising agency) until such time as the case is settled.

It's a nasty trick, but the ad agency will not be doing much business in the market or out of the market for quite some time - I would bet they will attempt to settle your issue quickly.

I firmly believe that it's good to 'be nice' (Movie: Roadhouse 1986) and only when you cannot be nice in negotiations do you 'go for the throat"... "and take it outside" - - or to court in this situation.

It is best to go for a 'win-win' situation, but you have the right and obligation to choose what you want to do to resolve the matter.

Oh, and according to your scenario, you do have two "Defendant's" in this case: 1) The ad agency who contacted you by way of their producer who gave you the OK to do the spots; and 2) the client who gave approval or the OK to go ahead and order the spots to the agencies producer. You being the complaintant must be prepared to go after each.

Frank F
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Be thankful for the bad things in life. They opened your eyes to the good things you weren't paying attention to before. email: thevoice@usa.com

[Spacegypsy]

Drew, I'm sorry to hear you have been through this.
It's such a downer, I know, and to add insult to injury of not being paid, it's you who has to go through the hassle of proving you should have been.
In the past 3 years, I have had 2 non-payers. (Well, 2 jobs who should have paid who didn't, there are also peeps who used my auditions without asking)
One of the jobs was what I consider a sizable sum, and yet in the outcome I estimated the time it would take me to pursue the matter against time doing other things, and I decided to let it go.
I know, a bit of a wimp, yet something told me that the bugger would be "getting me at it" twice, if I let it ruffle my feathers,
I did pursue the matter with the BBB, since I did notice that this guy had a complaint against him with them already - but BBB do not help creditors, only consumers who have fallen prey. Least ways, that was what I was told by them. They did not even log the report.
Sometimes, I seriously would love to host a VO report system for things like this. They do already have one in the modelling industry.

[Drew]

I'd rather have root canal than take this action. Obviously, my next step is to see a lawyer. My sister-in-law is a high profile assistant DA. I'll probably have her write a "nice" letter to the bum.

Meantime, PM or email me if you'd like the identity of this agency.
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www.voiceoverdrew.com
Skype: andrew.hadwal1
Although I have a full head of hair, I'm quite ribald.

[CWToo]

Yeah... lawyers. Sheesh, I am now in that part of my life that I have THREE lawyers. Oof-dah.

By the way, be careful about being too litigious. You want a reputation as being a good businessman but not as a troublemaker. Going to court guarantees that you will never do work for that agency again for a payment problem that really isn't their fault. It would be better public relations, and pay off in the long run, if you were to work with them about payment. I'm not suggesting that you just roll over, by any means.

By the way, did you know that a single radio spot costs the average advertising agency $5,000.00 to produce? That is the time put in by the AE, the creative director, the writer, etc. Interesting, no?

[Pam]

Drew-along with Frank's idea of cease and desist to the broadcast outlets, you also might want to contact the client themselves or have them cc'd on the letter from the attorney. Not to extract payment from them, but just to inform them about who they are doing business with. Sometimes a little pressure from the clent, even though they were the ones who decided to go in another direction, goes a long way. Good luck!