Blackbird Video
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Feb 14, 2006, 9:18 PM
Post #1 of 13
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The Trash Man now wants to settle with me
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Well, the story is getting more interesting.
For those new to this story, here are the broad strokes ---
Last Fall, I started working as a sub contractor for a Video Production Company a couple of hours from me, who promised to pay me for travel, mileage, four hour minimum, etc. etc. etc. if I covered some depositions for him; since he "has a lot of trouble finding qualified videographers."
I worked a lot very quickly and sent him invoices.
Too much time went by without getting paid, so I began to inquire why. He was a real jerk about it, and I realized I may be dealing with a welcher. He owed me about $4,000.
Finally I got paid for an invoice and I noticed he had crossed out line items and paid me what he felt like paying me.
He was real bitchy when I contacted him and I demanded to be paid for the work I did.
More invoices were paid --- incorrectly.
Then he really screwed up. I shot an all day deposition, and he insisted that "it was less than one hour."
Here are the updates:
I was so furious, I called the court reporting firm that hired him and asked them how long the deposition was, and to let Mr. X know, so he can pay me the correct amount.
I then printed out some old e-mails Mr. X sent me, where he mentioned he will pay me a four hour minimum, etc. I faxed them to Mr. X.
He did not seem to care so I hired an attorney.
One of the court reporters offered to help settle the matter, but Mr. X has made no effort to do so.
Today I communicated with my attorney. Mr. X's attorney wrote a letter with the following points:
MR. X is willing to provide remuneration but will NOT pay me for transportation costs.
The attorney then claims that MR. X has a viable cause of action against me for defemation and tortious interference, and that if Mr. X pays me what he owes me, that I will have to sign a letter of retraction, sign a nondisparagement agreement, blah, blah, blah.
FYI I have 5 lawyers in my family. Over the years we have all laughed about people making stupid, empty threats like "LIBEL!" "SLANDER!' "DEFAMATION!" "TORTIOUS INTERFERENCE!" Basically those are threats that idiots use who know nothing about how our legal system works. Point blank ---- people go to court to win, not lose. It is nearly imposible to win such cases. And even if you win, what do you win? You can not squeeze water out of a rock!
What's he going to do, sue me for calling a court reporter and asking how long a deposition was? He's going to spend money going to court for that? And if he wins, what does he really think he'll ge to get out of me? Gimme a break.
As for defamtation ---- he would have to prove I LIED about him and ruined his standing in the community TRUTH IS THE BEST DEFENSE.
As for "tortious interference" he would have to prove that I purposely went out of my way to destroy his business and that court reporters will not work with him anymore because I called about the length of a deposition.
It's all so silly.
I hate when lawyers think everyone is so stupid that we will fall for such silly threats.
As far as I am concerned, that guy owes me money and he needs to pay me, and I have no reason to sign any thing, any time, just to get paid.
"Defamation" ???????? Give me a break.
The other day I went out to eat and the waitress gave me back too much change ($6.00 and some coins). I told her she gave me too much and she denied it. My friend was motioning to me to let it go, but I didn't. I knew I was right. It was a small place. Every dollar counts. They have only a few employees. Maybe she would lose her job over this. Or at the very least, she may have had to put the money in the register at the end of the night to balance the books. Maybe she could not afford it. She still would not believe me . So I put it in her tip jar and told her, "Well if I am right, here's the money for the register. If I'm wrong. Keep it." And I left.
Then the world has insects like Mr. X who won't pay me for what I was hired to do. And then he hires an attorney to make empty threats --- claiming that tring to get proof of what I am owed is considered "defamation" and "tortious intereference." Give me a break.
Ivan Tors was right. Dolphins are smarter than humans.
(This post was edited by Blackbird Video on Feb 14, 2006, 10:20 PM)
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