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]

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.

[wereguitar.livejournal.com]

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

[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.

[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.

[iluvhistory.livejournal.com]

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

[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.

[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.

[wereguitar.livejournal.com]

Not a problem! Her RL name is there too if you want to edit that out as well. Good luck to you both, I hope you guys can work something out.

[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.

[tornaderman.livejournal.com]

yeah, this. o_O
nope id rather go to court than work out something

[ashleyvsdestiny.livejournal.com]

And after 5.5 years without interest. If you account for inflation she'd still have made profit off that $600.

[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.

[ocelotish]

Her deviantart account has a link directly to her facebook page, if that makes a difference.

[iluvhistory.livejournal.com]

Her DA and VCL both linking to her Facebook is exactly why I haven't removed her legal name. Given that she moved from DA to FA to get new commissions while saying she hadn't taken them in years, I feel it's fair to maintain her legal name since she may start gallery hopping again. The only way people will know it's her is if they knew her previous galleries or her legal name.

[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.

[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.

[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.

[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.

[lilenth.livejournal.com]

Unfortunately, it sometimes does happen that even artists who can draw get lazy and start cheating, offhand we have had the whole starfinder tracing issue, shadowcatv10 who was caught grayscaling photos even though she had totally mad skillz, Linda berkavist outed for whole sale swiping of a photo published in a magazine and pretending her images were painted from scratch when they actually weren't, and quite a few others.

[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".

[solalia.livejournal.com]

Not necessarily. It really depends on the judge. He might give the plaintiff $500 or all of it, or even less than $500 if he decides the finished work is worth more than $100. Some judges will look at how long it took, that the work isn't finished and that it's a drop in the bucket compared to the amount that she was hired for and will award the full $600.