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.

[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.

[kadaria.livejournal.com]

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

[stormslegacy.livejournal.com]

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?

[kc-shy.livejournal.com]

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 :)

[solalia.livejournal.com]

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.

[stormrunner1981.livejournal.com]

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.