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] 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 :)

[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] 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.