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-   -   taking a sponsor to court for not paying (https://gfy.com/showthread.php?t=640956)

fris 08-04-2006 04:41 AM

taking a sponsor to court for not paying
 
has anyone actually done this?

can it be done?

FuqALot 08-04-2006 04:47 AM

probably not. usually the smalltime webmasters are getting fucked.. they learn and move on while the big ones are still being paid, or agreed to some kind of settlement.

Egomancer 08-04-2006 04:50 AM

It can be done, but when a sponsor does not pay this means that they do not have the money - which means that you will never get them back even if you win. And to spend 10k on lawyers and shit to et eventually back 3k does not worth it!

Egomancer

Sarah - GTS 08-04-2006 04:57 AM

You could try a collection agency first (if you haven't already). They are usually free unless they collect, then they take 25% of what is owing.

We actually did this with a sponsor a few years ago, as "Egomancer" said if they don't have any money you probably won't collect. But hey, its worth causing the owners a real pain in the ass by sending people after them right?

cramos 08-04-2006 10:04 AM

dude you can do it but if you pay on layer more that the own you dont do it

SmokeyTheBear 08-04-2006 10:08 AM

yes it can be done , will it work is another question :)

I paid to have a lawyer start a suit against a sponsor , but we never made it to court, they recieved word from my lawyer , they paid me.. done. It cost me several hundred even for the limited work he did ( write 1 letter ) but it was worth it.

Tanker 08-04-2006 10:10 AM

will it work is the big question and do they have the money to start with so that you can get it from them if a judgement is made

jayeff 08-04-2006 10:23 AM

Depending on the size of your claim, you may not need a lawyer. Check your local regulations for how much you can pursue via small claims and if you are inside that limit the paperwork is easy and the costs negligble (both in the US and UK). Unless the debtor disputes the claim, you will almost always get a judgement in your favor, but then you have the job of collecting. Often that isn't as tough as it sounds when the person owing you money realizes that (depending on local laws) your/the court's agent can sieze enough property to cover your debt at auction. So a letter copying the judgement is worthwhile before going to a third party for collection.

I don't know where you are or where you are pursuing this claim. If it is the US you will need to check whether this applies, but (at least as of 10 years ago) in the UK the amount at which you can file bankruptcy proceedings against someone is very close to the ceiling on small claims. Again the paperwork is easily filled out on your own and filing costs are cheap. A refusal to pay a legitimate debt is de facto regarded as inability to pay (ie bankrupt), which tends to make people sit up and take notice. I used that route many times for larger sums and got paid every single time without going near a courtroom.

Stumps 08-04-2006 10:46 AM

Quote:

Originally Posted by SmokeyTheBear
It cost me several hundred even for the limited work he did ( write 1 letter ) but it was worth it.

:1orglaugh :1orglaugh :1orglaugh

lawyers :Oh crap

digifan 08-04-2006 12:07 PM

Quote:

Originally Posted by FuqALot
probably not. usually the smalltime webmasters are getting fucked.. they learn and move on while the big ones are still being paid, or agreed to some kind of settlement.

But fris is not a smalltime webmaster.

Stumps 08-04-2006 12:20 PM

fris is big timer

AsianDivaGirlsWebDude 08-04-2006 12:23 PM

Sponsors never shave and they always pay. It's true - it's in all their ads.

ADG Webmaster

teksonline 08-04-2006 09:42 PM

Quote:

Originally Posted by Egomancer
It can be done, but when a sponsor does not pay this means that they do not have the money - which means that you will never get them back even if you win. And to spend 10k on lawyers and shit to et eventually back 3k does not worth it!

Egomancer

That's where you are way off.. If you can prove fraud.. and I guess not paying without the intention to make payment could be proven as fraud.
you can collect more than your debt, in small court cases a fraud case proven can claim the max alllowable cost as a seperate offense, for example if you sued for 3k and proved fraud, you can win your 3k plus court costs, plus the juridictional limit of let's say 5k for a total of 8k+.. the judge might even up your original 3k for certain purposes..

Even more if not going through small claims court as there would be no limits.


Everyone's like I am not going to pay some lawyer 4k to get back 2k
We'll think about this, most cases won't even go to court... Look at the other end of it.. If you sue someone, he needs a lawyer, and what's that going to cost him?? If he actually has money, you are going to get a settlement.

BIGTYMER 08-04-2006 09:54 PM

Quote:

Originally Posted by Stumps
fris is big timer

No, I'm BigTymer. :winkwink:

Daruma 08-04-2006 09:58 PM

is it dee?

Webby 08-04-2006 10:07 PM

Quote:

Originally Posted by Fris
taking a sponsor to court for not paying

has anyone actually done this?

can it be done?

Anyone who does not pay a valid and substantiated claim can have a court give judgement. Happens every day - the net is no different.

Depending on the jurisdiction, this can be easy or hard. US "appears" to depend on throwing $10K at lawyers and hoping for the best, - but there are several other ways without bullshit - it's just a matter of knowing some useful people who will go before a judge and get an order for furniture/assets to be removed, then get a truck and collect the assets.

Some other countries it just costs.. around $100 ish (no lawyers needed). Again, depending - there are some nice corp laws where *any* company (even IBM and MS) can be legally closed down for failing to pay $100 - tho in pratice, they always pay :)

studiocritic 08-04-2006 11:21 PM

Quote:

Originally Posted by Webby
Again, depending - there are some nice corp laws where *any* company (even IBM and MS) can be legally closed down for failing to pay $100 - tho in pratice, they always pay :)

References? Sources?

Degenerate 08-04-2006 11:23 PM

doubtful its worth the time.... which sponsor is it?

d00t 08-04-2006 11:38 PM

Sometimes it's worth paying more just to make sure the scumbag stays the fuck out of the business.

Bro Media - BANNED FOR LIFE 08-05-2006 12:03 AM

Serious Business

martinsc 08-05-2006 12:06 AM

Quote:

Originally Posted by BigTymer
No, I'm BigTymer. :winkwink:

:1orglaugh

Webby 08-05-2006 12:32 AM

Quote:

Originally Posted by studiocritic
References? Sources?

Only did this once in the EU - there happened to be a nice clause under company laws where you can pop in front of a judge, state the case and collect a warrant for removal of assets. If the warrant cannot be satisfied, the company is put into liquidation in that jurisdiction within seven days.

Only time I used it was on a public company and on presentation to reception - they paid immediately.

Wiggles 08-05-2006 02:57 AM

wow surprised so many people have had to do this.


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