http://iluvhistory.livejournal.com/ ([identity profile] iluvhistory.livejournal.com) wrote in [community profile] artists_beware2010-12-29 10:54 pm

Update: Taking SilverFoxx420/GhettoImmortal to small claims court.

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.

[identity profile] kadaria.livejournal.com 2010-12-30 08:42 pm (UTC)(link)
It looks like depending on the state involved that they can garnish wages if she has a job (depends on state, in some you can't do this) to pay back the amount owed. Or the OP can put an execution on the artist's bank account and be paid from there.
Googled the info but it's obviously based in CT and it looks like the OP is in TX

[identity profile] stormslegacy.livejournal.com 2010-12-30 08:53 pm (UTC)(link)
Ironically Texas is one of the four states you can't garnish wages in: http://biztaxlaw.about.com/b/2010/02/05/you-won-in-small-claims-court-how-to-collect.htm

EDIT: But now that I think of it, doesn't only the person being sued's state matter?
Edited 2010-12-30 20:56 (UTC)

[identity profile] genkigami.livejournal.com 2010-12-30 09:17 pm (UTC)(link)
That's probably the most reasonable reason behind it. I've seen legal threats at least three times that I can think of out of this comm alone. It's still pretty stupid.

Her whole message struck me as guilty trippy and arrogant. Flat out telling the commissioner you don't care about their artwork and basically saying "BRING IT ON. TRY TO GET SOMETHING OUT OF ME NYA NYA"? Beware needed.

[identity profile] spiffystuff.livejournal.com 2010-12-30 09:21 pm (UTC)(link)
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"

[identity profile] solalia.livejournal.com 2010-12-30 09:31 pm (UTC)(link)
They have to have a job to have wages garnished. Plus if she gets a job that pays under the table the OP is screwed.

[identity profile] cesarin.livejournal.com 2010-12-30 09:34 pm (UTC)(link)
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:

[identity profile] stormrunner1981.livejournal.com 2010-12-30 09:50 pm (UTC)(link)
Some states if someone doesn't have a job will make them do community service to pay the person back (they will pay the prosecutor and go from there to get the money back).

So it all depends on what happens and where.

[identity profile] dinogrrl.livejournal.com 2010-12-30 10:54 pm (UTC)(link)
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.

[identity profile] bailzzararco.livejournal.com 2010-12-30 11:01 pm (UTC)(link)
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.

[identity profile] mrst4nkr.livejournal.com 2010-12-31 12:38 am (UTC)(link)
http://www.furaffinity.net/user/quicksilverx/ Is this another account of hers, or no?

[identity profile] wereguitar.livejournal.com 2010-12-31 12:40 am (UTC)(link)
Nope, different person altogether :)

[identity profile] mrst4nkr.livejournal.com 2010-12-31 12:41 am (UTC)(link)
I wasn't sure if it was the OP or the person in question, since their current icon is an exact match of the icon posted in the log screenshots. :x

[identity profile] pekingfoxie.livejournal.com 2010-12-31 01:14 am (UTC)(link)
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.

[identity profile] wereguitar.livejournal.com 2010-12-31 02:15 am (UTC)(link)
I think the icon came up because the OP posted a link to something Quicksilverx posted over on FA.

[identity profile] werewolfofwater.livejournal.com 2010-12-31 02:19 am (UTC)(link)
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.

[identity profile] quicksilver-x.livejournal.com 2010-12-31 03:43 am (UTC)(link)
Thanks! XD

Yeah, Marisa and I are not the same person at all.

[identity profile] strredwolf.livejournal.com 2010-12-31 03:51 am (UTC)(link)
Ouch.

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

[identity profile] x-thor.livejournal.com 2010-12-31 07:58 am (UTC)(link)
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.

[identity profile] x-thor.livejournal.com 2010-12-31 08:00 am (UTC)(link)
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.

[identity profile] mrst4nkr.livejournal.com 2010-12-31 03:03 pm (UTC)(link)
:) Oh. Okay! Sorry for the herping and derping. I am not used to facebook's thumbnail selecting system, I suppose.

[identity profile] thaily.livejournal.com 2010-12-31 03:29 pm (UTC)(link)
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.

[identity profile] sekhmet.livejournal.com 2010-12-31 03:32 pm (UTC)(link)
and her real name.

[identity profile] sperkle.livejournal.com 2011-01-01 10:11 am (UTC)(link)
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.

[identity profile] kc-shy.livejournal.com 2011-01-08 02:38 am (UTC)(link)
It usually is dictated by the state that you file in, not the state of the person in question. I know this was a week ago, but I'm just catching up on things, and happened to read your post :)

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