Re: Anybody from MA on this group?

From: jmhcustomart <jmhcustomart_at_yahoo.com> <jmhcustomart_at_yahoo.com>
Date: Thu, 09 Jan 2003 13:14:15 -0000

--- In SkunkworksAMA_at_yahoogroups.com, "Reverend Hobbes D. Cat"
<hobbesdcat_at_y...> wrote:
> Just a few points, I assume and hope your lawyer
> already covered with you:
>
> 1) Make sure that if you are filing suit that you get
> your full recourse. In other words, make certain that
> the terms set out full coverage of legal costs in
> addition to any outstanding debts owed you. It would
> suck to win the case, only to loose all, if not more
> to the legal firm.

  Yeah, I was advised to actually sue the company for the amount
owed, plus interest, plus attorney and court fees. And if this
breaks Rabco's bank, too fucking bad. He's had to chances, and I'm
not playing games anymore.

>
> 2) Make certain that you have obtained every original
> print/ and art you can. I think you mentioned you did.
> Don't risk the chance they will destroy the original
> art.

  I had all the originals/masters returned to me after I sent a very
threatening letter to Rabco. But I think Sean feels I won't do
anything because I'm in FL and he's in MA. Unfortunately for him, I
have everything documented and all correspondence is hard-copy.

>
> 3) Find out the financial records of the company, if
> you have alreadyeady. You can do this easily as most
> companies are required by law to file their
> information. While Rabbit Valley may not bpubliclycaly
> traded stock company, there is a good chance there are
> financial recotheytehy have to file. This will help to
> prove they have the funds to cover you. At
> worsupenoaenoa them for the records.

  I was sent accounting records by Rabco, detailing what was sold,
and how much was made. I'd just like to know why he felt he could
continue to sell my stuff without paying me. I wonder how many other
artists aren't getting paid by Rabco...

>
> 4)Also, find out the # of the print run. Find out how
> much of the stock they sold.

  Got that. And it's a lot.

>
> 5) Medical expeincurredured due to non-payment. You
> have a potential for a strong liability suit there...
> keep your options open.

  Not only that, but I had to live off my credit cards for awhile
since Rabco wasn't paying me, and the money which _should've_ been
sent by them was needed to cover my usual bills. Now, both cards are
nearly maxed out, and a 23% APR is a LOT of interest.

>
> 6) Go over the contract with the lawyer..who knows,
> maybe there is a clause in there that will help.

  The contract sent by Rabco to me was never signed by me, as I did
not agree to many of the terms. Rabco began to abide by the terms in
_their_ contract without my agreement. Might be something there, too.

>
> 7) Tread carefully, and don't let the lawyer badger
> you into doing something you don't feel is right, like
> accept a plea up front for far less than you are owed,
> ect.

  Oh don't worry about that. >;)

--JMH
Received on Thu Jan 09 2003 - 05:14:18 CST

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