Update: Taking SilverFoxx420/GhettoImmortal to small claims court.

[iluvhistory.livejournal.com]

I posted earlier with my ongoing issues with trying to get a refund or commission for  $600 from SilverFoxx420/GhettoImmortal. After sending her a message regarding her recent commission work and a possible payment plan, I waited two weeks before sending her a final resolution request. She was informed of my intention to take the commission issue to court if she would not provide a resolution plan. She responded saying that I should take her to court.


It was at this time she uploaded the only physical work I've seen her complete for this commission in the entire five and a half years it was in progress. She also was able to respond to my message in one evening, but was unable to do so prior for the past two weeks or ever before.
It's entirely unfortunate that this commission has gone this way, but there appears to be no other way to regain losses.

Comments

[solalia.livejournal.com]

If she really doesn't have a job, even taking her to small claims you won't get any money. Plus they will probably not give you the full $600 since she did some work. Just FYI. I hope it works out so that you're happy with the outcome.

[stormslegacy.livejournal.com]

I think given the scope of the commission in questions (2 large sketchbooks) the op would get all of it back because I'm pretty sure that late work counts for nothing in most states--even without a contract deadline most states specify a time period between 6 months and a year in which work must be done. 5 years is too long.

[stormslegacy.livejournal.com]

That's a real shame. I can't believe she spurned even an offer of a payment plan, you've been nothing but super-reasonable. =(

Good luck. Hopefully the limitations isn't greater than five years in your state, some are =/ If you do win, she's going to find that she not only owes you the money but also fees as well. Keep us updated.

[iluvhistory.livejournal.com]

In my state the limitation timing only starts after the final agreed completion date of a project. As our final agreement was this year, it is a non-issue.

I was very surprised that she refused a $30/mo payment plan given that she spends half that amount a month on WoW. Different people have different priorities I guess.

Thanks for the good luck wishes.

[wereguitar.livejournal.com]

You should edit that note and remove her employers phone number.

[iluvhistory.livejournal.com]

Oh jeez! I intended to do that before my initial post, removing it now. Thanks so much for spotting that.

[martes.livejournal.com]

I'll be very interested to see how this is resolved, because, as far as I know, nobody has ever taken a non-producing artist to court.

[genkigami.livejournal.com]

Wait, so you ask for a refund and give a payment plan if she can't do it in one fell swoop... but instead of trying to work something else out she tells you to sue her?

What. Just... what. My brain boggles.

[mandyseley.livejournal.com]

She's probably bluffing under the not-entirely-unreasonable assumption that no one actually goes through the trouble of suing artists. Lots of people threaten it, very few actually do it.

[ariakitty.livejournal.com]

I am really surprised she turned down your payment-plan. I would prefer a payment plan over being sued!

I really hope this works out and you get your money back, and she gets her life in order. It's a shame she's so flighty, her art is really cute.

[uozlulu.livejournal.com]

I wish you luck and I'm glad to see you are going to take action.

[lilenth.livejournal.com]

Good luck with it.

Though I could be totally wrong about this and this is only speculation currently; am I the only one who thinks there's something odd about her work? Perhaps it's just her style but that kind of uncertain body, slightly unfitting anthro parts is often associated with someone who is tracing or heavily copying an existing photo/image and slapping extra bits on it to make it into someone's character.

[iluvhistory.livejournal.com]

Someone on my last post pointed out three images from her DA gallery that were traced, but they have not sent me the originals yet so I do not know for sure.

Two of the images were already removed, this one (http://silverfoxx420.deviantart.com/art/Rock-you-like-a-hurricane-68092631) is the only picture still posted.

[shukivengeance.livejournal.com]

Best of luck with this. Keep us updated with how this goes. I get the whole 'sue me anyway, I don't have anything' is an assumption that you're bluffing.

[xcourtkneex.livejournal.com]

Wowwwww...Honestly, how much more difficult would it be to just finish what she started? I've been burned out and completely unwilling to draw before, but jeez. I finish my commissions. Especially if they're of that size and scope. How can she even live with herself? >_>

Good luck with this. I'm dying to find out how it turns out.

[blackberrypie.livejournal.com]

:o With a big amount like that and a 5 year deadline? I'd be all over that! I'm so sorry it didn't work out for you though and I hope that if you do get her into court that something can be done. Its disgusting that people just think it will just go away. I'd be glad to see someone show it doesn't just disappear.

[shinmaxwell.livejournal.com]

wow...I sincerely hope things work out for you in some way! Good luck!

[kadaria.livejournal.com]

I'm still floored by "Well I don't do art anymore so I can't do the work and I don't have any money so I can't refund you".

[cesarin.livejournal.com]

I agree, its ridicoulous how she goes "lol all your options are gone.. you're FUCKED!"
and thinking she can just flail like nothing happened and not her fault D:

[spiffystuff.livejournal.com]

Yuck! What an irresponsible person. "Hi you gave me $600 but I don't want to do anything INCONVENIENT to pay you back".
Unfortunately I don't know much about what happens if you win small claims, how hard they can pressure someone to pay you back. I do think it's possible she thinks you are bluffing and using it as an excuse not to deal with you anymore. "My armchair lawyer says not to talk to you". I hope you are going to pursue the matter, as it's not a good idea to use the s-word* without being willing to follow up.

* "sue"

[dinogrrl.livejournal.com]

Wow. I mean, yeah, I'd probably call someone's bluff too if they told me they were going to sue me, but at least I wouldn't do it to their face :p. That's just a dumb move. Certainly won't win anybody over, that's for sure.

Which brings up the point that threats mean nothing if you're not actually going to go through with them.

I really hope you can get some sort of agreeable (for you) resolution from this.

[bailzzararco.livejournal.com]

It's so disappointing to see how often this happens. I was taught that you don't buy what you can't pay for and you don't accept money for what you can't deliver. This must be a very complicated concept in reality.

[mrst4nkr.livejournal.com]

http://www.furaffinity.net/user/quicksilverx/ Is this another account of hers, or no?

[wereguitar.livejournal.com]

Nope, different person altogether :)

[pekingfoxie.livejournal.com]

WOW.
I am just... well I can´t find words for how I am feeling! You were super nice to her all the time. The payment plan you suggested was more than fair. I can´t believe that she didn´t accept the plan of paying 30 per month. She deserves to be dragged to court. :/

I really hope that this gets resolved. Also, I´m sorry that you never got your sketchbooks. I like her art and enjoyed browsing her galleries.

[werewolfofwater.livejournal.com]

600 dollars is a LOT of money to just shrug off with the excuse "I don't do furry art anymore cuz I'm bored with it and I spent all your money ok lawl"

like you said, it wasn't charity, and I'd probably feel inclined to sue too if I paid that much and didn't get what I paid for.

[strredwolf.livejournal.com]

Ouch.

Hope you get it back, even if they have to garnish her tax returns to get you the money.

[x-thor.livejournal.com]

Yikes.. Her attitude is so lame. She OWES YOU 600$ (minus whatever for the finished work).. and yet.. She's playing WoW? Thats 15$ a month, plus the new expansion was like, what, 49.99$.. If she can afford that luxury she can afford to send some money your way.


There is a big difference between having NO money and flat out not wanting to give away any money (which she is doing..)


It's a shame, I really like her art too.

[x-thor.livejournal.com]

Oh, and if it is actually possible I hope you go through with the small claims court - someone needs to prove to these deadbeat artists that it's NOT okay to do this to customers.

[thaily.livejournal.com]

Regardless of outcome, I think taking her to court sets a good precedence and hopefully some other irresponsible artists will realize they're not untouchable, their fandom popularity and fanboys mean shit and get their lazy asses to work on fulfilling promises they've made to their customers.

[sperkle.livejournal.com]

Hopefully everything gets better for you once this is all done. As somebody did say hopefully this will get through to the artist to show that they are not invincible to the legal system.

[buymysnakeoil.livejournal.com]

Her attitude is appalling. It's clear that she flat out doesn't want to pay you back and she's just making excuses.

Please do take her to court. If it doesn't work, at least it'll scare the wits out of her and maybe make her think twice before scamming money. I hope for the best for you, though!

And, at the end of all this, I hope you did learn your lesson about who to trust with your money. An expensive lesson, yes, but I'm sure you're probably a lot more responsible with your money now, so at least you've got that.

[metallik-hasse.livejournal.com]

Collect all the evidence you have, emails, receipts, the whole nine yards. A lot of times court will find online stuff sketchy, because the defendant can claim "it was my friend using my account, lol". Any real life evidence you might have is a good thing to have on hand. Also make an organized time line with printouts you can give to the judge. $600 is a couple months rent for me, so I can sympathize with your desire to have that money refunded.

[metallik-hasse.livejournal.com]

http://silverfoxx420.deviantart.com/ she seems to be updating this?