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#1
long story short, i got a call from my drummer friend during intermission of a musical saying their bassist didn't show up and didn't call. i go and play the gig and one the next day. the director of the musical sends full checks to the original band musicians and its up to them to divvy up their checks amongst their subs (throughout the two week run, most of them had to get subs at least once). guess who didn't pay their sub? my guy.

i've called him multiple times for weeks. he called back once and said we'd figure out the details and pay me when his check came. the checks came weeks ago and i haven't heard back. so i'm taking him to small claims court. hopefully when he gets 'served' he'll just pay me and then some to cover my court fees.

buuuut. let's say he wants to go to court.

it was $30 per show. he missed three. i played two. that's $60. however i think i deserve more for the fact that i was disrupted in my day, two hours before the gig, to play a two act musical that i've never heard or practiced. and i spent the night after the gig practicing for the final matinee show the day after. i think i'm entitled to around $80-$100 based on inconvenience and the time since then that's he's ****ed me out of money that could've otherwise been spent towards damage deposits or rent.

is that fair? will that go in small claims court? it seems like it should. there should be a penalty fee assessed in addition to the $60 i'm owed. if there isn't, what's to discourage him from doing this in the future?

who else has been screwed out of gig money?

tl;dr -- **** you, just stop being a baby and read it. it'll take like three minutes tops.
#DTWD
#2
Can't say anything like that's happened to me before. Hope you get it sorted though.
#4
I have no idea if it'l be sorted in small claims court, but is it really worth going to court over $60?

You're not entitled to more than $60 because you didn't have to do it, it wasnt a contract, and yeah you were inconvenienced but you didnt have to do it.. you chose to do it.

Still sucks though

Edit: Misread... i thought you meant you just played a gig in a pub or what ever, didnt realise you said a musical. So my post probably doesnt mean shit
Originally Posted by CaptainJack666
i can see why he likes elevators, theyre a truly uplifting experience


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Last edited by CoF-Dean at May 25, 2010,
#6
wow, you're taking someone to court over $60? thats low
sɹǝʇndɯoɔ ɥʇıʍ poob ʇou ɯı uʍop ǝpısdn sıɥʇ sı ʎɥʍ pob ɥo
#7
Quote by CoF-Dean
I have no idea if it'l be sorted in small claims court, but is it really worth going to court over $60?

You're not entitled to more than $60 because you didn't have to do it, it wasnt a contract, and yeah you were inconvenienced but you didnt have to do it.. you chose to do it.

Still sucks though


but he orally agreed to pay me over the phone after the fact. and he said we'd negotiate the price at a later date. so obviously he was willing to pay more than $60. AND he told me he would pay me and then went weeks without returning calls.

clearly i'm entitled to more than $60. even if I'M not, he HAS to be penalized and forced to pay more. think about it. if all he has to pay me is $60 what is to discourage him from doing this in the future. if he only owes $60 he can screw ANYONE over and then, worst case scenari, pay them their money they're owed in court. there has to be an addition charge in order to deter this kind of stiffing.
#DTWD
#8
You wouldn't be able to get more than $60 since you can't charge them for inconvenience if you chose to do it.
#9
Quote by Outerspacegrass
wow, you're taking someone to court over $60? thats low


around $60. it's more like $80-100. our original deal was $75.

and it's not low. it's called small claims court for a reason. i did a job. i'm owed money. maybe when you stop living with mommy and daddy and start paying rent and utilities you'll get it.
#DTWD
#10
Quote by primusfan
around $60. it's more like $80-100. our original deal was $75.

and it's not low. it's called small claims court for a reason. i did a job. i'm owed money. maybe when you stop living with mommy and daddy and start paying rent and utilities you'll get it.


You'll be inconveniencing yourself even more so if you take it to court, and won't there be fee's for the courts time? It seems like a far length to go to over even $100. I agree he shouldn't be able to get away with it and its not fair, but "when you stop living with mommy and daddy" you realize life isn't fair. Just don't offer to be the back up guy for this dude anymore, word of mouth contracts are hard to prove
Originally Posted by CaptainJack666
i can see why he likes elevators, theyre a truly uplifting experience


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#11
Quote by CoF-Dean
You'll be inconveniencing yourself even more so if you take it to court, and won't there be fee's for the courts time? It seems like a far length to go to over even $100. I agree he shouldn't be able to get away with it and its not fair, but "when you stop living with mommy and daddy" you realize life isn't fair. Just don't offer to be the back up guy for this dude anymore, word of mouth contracts are hard to prove


nah. it's either court or going to his house and demanding it. besides:

1. the court thing is mainly a bluff. as soon as he gets the notice i'm "suing" him he's probably just going to pay me. i have other musicians i know that have done similar things before and they said it never actually went to court, the offender just paid them to avoid having to go (including the court fees).

2. i know some other musicians who actually use intimidation and/or physical violence to get their money. and these guys are professional musicians. it's just the way it works. i'm trying to take the high road in this one. but i'm GOING to get my money.
#DTWD
#12
The fees for small claims court are pretty cheap though arent they?

Over here anyway, last i checked you had to pay like €10 for claims up to €2000
#13
ok so $60 dollars is alot of money for you, you should work more hours. And dont whine about rent and utils, I pay them too, they're only ~450 / mo. In the time you spend preparing for court, going to court, worrying about your money, and posting angry messages on the internet, you could make that money back easily. Me, id rather pay $60 dollars than go through all that bs.
sɹǝʇndɯoɔ ɥʇıʍ poob ʇou ɯı uʍop ǝpısdn sıɥʇ sı ʎɥʍ pob ɥo
#14
Quote by primusfan
around $60. it's more like $80-100. our original deal was $75.

and it's not low. it's called small claims court for a reason. i did a job. i'm owed money. maybe when you stop living with mommy and daddy and start paying rent and utilities you'll get it.

Not only that, but it discourages him (hopefully) from trying to rip someone else off.
#15
Quote by Outerspacegrass
ok so $60 dollars is alot of money for you, you should work more hours. And dont whine about rent and utils, I pay them too, they're only ~450 / mo. In the time you spend preparing for court, going to court, worrying about your money, and posting angry messages on the internet, you could make that money back easily. Me, id rather pay $60 dollars than go through all that bs.


if you're so loaded and my thread has so enraged you, how about you send me my $80 so i'll shut up about it?
#DTWD
#16
Quote by Gyroscope
Not only that, but it discourages him (hopefully) from trying to rip someone else off.

exactly. thank you. i've got some ****ing principles and dignity. i mean i've got rent covered either way for june. i'm just saying $60 is POTENTIALLY the difference between making the payment and ****ing up your lease. people can't just get away with screwing other people. remind me to hire outerspacegrass for a gig and then stiff him because he's obviously too much of a pussy to do anything about it.
#DTWD
#17
Quote by Outerspacegrass
ok so $60 dollars is alot of money for you, you should work more hours. And dont whine about rent and utils, I pay them too, they're only ~450 / mo. In the time you spend preparing for court, going to court, worrying about your money, and posting angry messages on the internet, you could make that money back easily. Me, id rather pay $60 dollars than go through all that bs.

Way to miss the point. This is about principle, not just about sixty bucks.


EDIT: Late Quailman is late.
Last edited by TheQuailman at May 25, 2010,
#18
Quote by Outerspacegrass
ok so $60 dollars is alot of money for you, you should work more hours. And dont whine about rent and utils, I pay them too, they're only ~450 / mo. In the time you spend preparing for court, going to court, worrying about your money, and posting angry messages on the internet, you could make that money back easily. Me, id rather pay $60 dollars than go through all that bs.



WTF planet do you live on where you can live off of 450 a month? I make 450 in a weeks pay, but that doesn't come near to paying my rent and bills. My rent alone for my 1 bdr apartment is 480 monthly. Get out of this thread and get out of your mom's basement.

Primus, I hope that guy pays.
#19
outerspacegrass is under the ridiculous assumption that monthly rates for rent and utilities are universal for everyone.

and thank you. he's some 37 year old, pothead, jam band-loving loser. if he doesn't pay up, i'm going to start letting everyone know not to hire this guy.
#DTWD
#20
Wow, your personally insulting outerspacegrass for having an opinion? You posted this on a public forum on the internet, expect to get some people that disagree with you. If you were so 100% sure on suing him and threatening him why did you make a thread asking for our opinions?
Originally Posted by CaptainJack666
i can see why he likes elevators, theyre a truly uplifting experience


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#21
Quote by CoF-Dean
Wow, your personally insulting outerspacegrass for having an opinion? You posted this on a public forum on the internet, expect to get some people that disagree with you. If you were so 100% sure on suing him and threatening him why did you make a thread asking for our opinions?


stop being a dumbass.

i asked if anyone's ever been and whether or not, in their experience, i can get an additional penalty fee assessed. i didn't ask anyone if they thought i was "low" for taking someone to court over $60. he's the one trying to start some shit.
#DTWD
#22
I'm not being a dumbass, you're just being a ****ing narcassist. Fair enough, you're right that you didn't ask if we thought it was low, my bad for that.
Originally Posted by CaptainJack666
i can see why he likes elevators, theyre a truly uplifting experience


Join The NSW FTW Group
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#23
Quote by CoF-Dean
I'm not being a dumbass, you're just being a ****ing narcassist.


i've never ****ed a dead person in my life.

Fair enough, you're right that you didn't ask if we thought it was low, my bad for that.


i am always right.
#DTWD
#24
I'm with Primusfan on this one.

When you cover for someone, you're entitled to the renumeration associated.

The guy entered a verbal contract to pay Primusfan, and even admitted that there was an "inconvenice" to be taken into account, showing that he was prepared to pay more.

Primusfan is well within his rights to take this action, in order to not only get what's rightfully his, but also to try and show this apparent deadbeat that he can't get away with ripping people off, as there are people who are prepared to stand up and not take his shit.

I say good on you Primusfan.
Quote by GLP_Arclite
Pooping is well good though, to be fair.


I've got a handle on the fiction.

I'm losing my grip, 'cos I'm losing my fingers.
#25
thank you metacarpl. your asskissing is duly noted.

i still don't really think it's going to get to the point of ACTUALLY going to court. i still want to talk to some of my lawyer friends about it. i'm hoping this mutual friend of ours will get him to pay me. no one will give me his address and he won't return my calls so she's basically my only hope short of "suing" him.
#DTWD
#26
Quote by primusfan
thank you metacarpl. your asskissing is duly noted.

i still don't really think it's going to get to the point of ACTUALLY going to court. i still want to talk to some of my lawyer friends about it. i'm hoping this mutual friend of ours will get him to pay me. no one will give me his address and he won't return my calls so she's basically my only hope short of "suing" him.


Would you prefer the kisses higher up? Or on the fleshy part?

Seriously though, it ****s me off when I hear stories like this. I'm a gigging musician too, and nearly had a similar experience with a club refusing to pay us. Eventually the threat of legal action was enough to make the owner cough up, but word got around and he had to shut down a few months later. The place was then taken up by someone else, and was run as a fantastic little venue, although I think it recently shut due to financial trouble.

Thanks a lot, recession.

EDIT: On closer inspection, the asskissing wasn't duly noted, as you spelt my username incorrectly.
Quote by GLP_Arclite
Pooping is well good though, to be fair.


I've got a handle on the fiction.

I'm losing my grip, 'cos I'm losing my fingers.
Last edited by metacarpi at May 25, 2010,
#27
This exactly the type of dispute that small claim courts were set up for, so you're absolutely right to take action that's available. Get the ****er told that if he doesn't pay up by the end of the week you'll take it to the courts, hopefully he'll just pay up and save you the hassle.

Failing that Judge Judy will settle this shit
Nothing of me is original. I am the combined effort of everybody I've ever known.

¨°º¤ø„¸¸„ø¤º°¨
#28
well hopefully, in a bid to avoid going to court, i sent a facebook message to him since he doesn't answer my phone calls. a rather strongly worded one. but not threatening. just calling him out for being a piece of shit basically.


did it ever dawn on you i'm not trying to take your money? i'm just trying to get back the money i earned that was mistakenly given to you.

i'm tired of all these ****ing excuses that i'm hearing secondhand of all things. have to get rachel to speak for you because you're too much of a pussy to call me or answer the phone when i do? i'm tired of the bullshit. your stepdad's sick; you're sick. etc. etc.

boo ****ing hoo. i had emergency surgery a few days ago and left the hospital ASAP, IV tape still stuck to my arm, driving from IL to KY to play four hour bar gig. yet you have the sniffles and can't even muster the strength to call me or text me to sort out the payment?

you're a grown ass man; start acting like one. it's ****ing pathetic that you're twice my age and i have to lecture you about responsibility.

- dave
#DTWD
#29
Do you have to pay anything in a small claims court, or will he have to pay the fees for it as the one who is in the wrong?

Obviously this guy thinks it's ok to slack off and still get paid for his time, you should scare him with court to get the money, you did work for it after all.

Harder than him too, since you had to learn all the parts at the last minute.
#30
i think i have court fees to pay but, should he be found in the wrong, he will pay them. i think anyway. seems fair enough. otherwise it wouldn't make much sense to go to court if the fees were going to negate any kind of monetary reparations won. but then the justice system is anything but just, so you never know.
#DTWD
#31
Quote by primusfan
i've never ****ed a dead person in my life.


i am always right.


****ing a dead person = Necrophillia
Narcassist = In love with yourself

Which also disproves your 2nd statement, you're not always right
Originally Posted by CaptainJack666
i can see why he likes elevators, theyre a truly uplifting experience


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#32
I'm not sure there are fees since you represent yourself. I'm guessing though
Nothing of me is original. I am the combined effort of everybody I've ever known.

¨°º¤ø„¸¸„ø¤º°¨
#33
Quote by CoF-Dean
****ing a dead person = Necrophillia
Narcassist = In love with yourself

Which also disproves your 2nd statement, you're not always right


both statements were jokes. you couldn't even spell narcissist right.
#DTWD
#34
Quote by CoF-Dean
****ing a dead person = Necrophillia
Narcassist = In love with yourself

Which also disproves your 2nd statement, you're not always right

It's narcissist, not narcassist. (It doesn't even have anything to do with this situation.)
And I'm with primusfan here. The other guy didn't live up to their agreement.

Edit: Beat me to it.
Last edited by Shenlong at May 25, 2010,
#35
Haha sick i'm getting owned cause i made a mistake with one letter in a word.
Originally Posted by CaptainJack666
i can see why he likes elevators, theyre a truly uplifting experience


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#36
Quote by Mistress_Ibanez
No it's because you were patronising and suggested Primusfan shouldn't get paid for the hard work he did, and said he would understand the real world "when he stops living with mummy and daddy".

That's not a nice thing to say.


actually i was the first to use the mommy and daddy thing against someone else.

and since when have you ever been on my side? it feels so wrong! call me sexist or something.
#DTWD
#37
Quote by primusfan


2. i know some other musicians who actually use intimidation and/or physical violence to get their money. and these guys are professional musicians. it's just the way it works. i'm trying to take the high road in this one. but i'm GOING to get my money.


For a smart guy, this was a stupid thing to say.

I hope you get your money, Dave.
Catch me,
heal me,
Lift me back up to the Sun
I choose to live
#38
Quote by primusfan
actually i was the first to use the mommy and daddy thing against someone else.

and since when have you ever been on my side? it feels so wrong! call me sexist or something.


Yeah I re-read and hoped I had deleted the post before anyone would realise I was wrong >_>

He was still suggesting life is unfair and you should just suck it up and accept not being paid, and I don't think that's right at all, you big sexist
#39
Quote by Firenze
For a smart guy, this was a stupid thing to say.

I hope you get your money, Dave.


lmao. when i said i'm GOING to get my money i didn't mean to imply i was going to use violence. sorry.
#DTWD
#40
Quote by primusfan
lmao. when i said i'm GOING to get my money i didn't mean to imply i was going to use violence. sorry.


no worries then.
Catch me,
heal me,
Lift me back up to the Sun
I choose to live
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