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Collection 201 - The Contractor Lien ??


mikefilosa

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I am now at 120 days over a balance of 1350 on a three-weekend talk show production, the first of the six shows scheduled to air on Starz!inBlack (???) next week, according to the Starz network website...

There are several people involved with this non-union show, here in Atlanta, in the same boat... 

Does anyone have any insight on filing a contractor lien on a show or production?

I may try to do this, either alone or with some partners (multiple liens) if such an action can take place with speed, low investment, and actually have an effect on the network and production company towards getting paid.

I invoiced as a corporation, so I'm not sure if Georgia or Federal Labor laws could help, but it's safe to say that

any insight here should be plenty useful to all of us.... this "undetermined credit terms" thing in our business is getting a bit too much.... I will be getting much more contractual this year, with specified late penalties, etc etc.... 

(my last TWO jobs of 2007 - check at the end of the day - what a concept! Just like the plumber! )

Mike Filosa, CAS

Atlanta Field Production, Inc.

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Mike,

Some states allow a contractor to place a lien against the final product (in your case, the television show), but some do not. Tennessee used to allow this, but because unknowing home owners were being held at bay by the trim carpenter who had not been paid by the builder, Tennessee decided to do away with the law.

A trip to the small claims court clerk might be enlightening. However, it might work just as well to contact the owner of the show (probably not the production company) or any celebreties involved. They may be unaware and will put presure on the production company to do right. This has worked for me in the past.

gt

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Guest afewmoreyears

Thank goodness I have never not been paid.....  ever... probably good luck.... that being said,  If I have NOT worked for a client before, and they are from out of town, or Non union... I request a check when we wrap... period....  Only once did they not have one due to some bullsh_T story.  I told them the days material will be at my home till a check is produced.... Then drove off... You should of seen them run after my van...  I still relish that memory... They drove one over in an hour....  funny how they had one then...

Mostly they understand and are happy to do so IF they are politely told in advance.... and reminded the night before the gig.

Been there done that...  Best of luck....  I hope you can get it taken care of.....  Good advice to try to contact others and let them pressure them from the top down....

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Sadly, I am in a similar boat with one production I worked on. They owe me several thousands of dollars, but seem unwilling to part with the money. Pretty much everybody else who has worked on this production is in the same boat. :(

I'm giving them another 30 days then I suspect I'll end up writing it off.

Wayne

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Sadly, I am in a similar boat with one production I worked on. They owe me several thousands of dollars, but seem unwilling to part with the money. Pretty much everybody else who has worked on this production is in the same boat. :(

I'm giving them another 30 days then I suspect I'll end up writing it off.

Wayne

If they're local to you, go bang on their door. If they're out-of-towners perhaps someone here can do the banging for you. Posting their name here would help others from being taken by them.

Eric

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Posting their name here would help others from being taken by them.

I agree.

One of the Jeep forums I frequent has a "Dealerships to avoid" section, how about a category like that on here?

"Deadbeat Productions" or something similar?

Maybe help motivate production companies considering shifty practices if they know they'll be blacklisted in public.

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I like the idea of listing troublesome productions, however this must be done with caution, as there may be legal entanglements.  before the current Internet era, back in the days of DOS, I had a friend who ran a grip equipment company in HNL have a bad experience with getting paid.  he faxed his local competitors about it, in the hope of getting the "producer" blacklisted until he got paid.  This particular guy was a litigious SOB who was always suing folks with deeper pockets (representing himself) and he won a libel judgment against my friend, who also had to pay an attorney to represent him in his losing case!

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Some states allow a contractor to place a lien against the final product (in your case, the television show), but some do not. Tennessee used to allow this, but because unknowing home owners were being held at bay by the trim carpenter who had not been paid by the builder, Tennessee decided to do away with the law.

Thanks for the input - I have done some preliminary legwork, and what I come up with is information about

Contractor Liens rather specific to building / home construction... 

Glen, or anyone else - would there be a specific type or name attached to a lien on a "final product" ?

Thanks in advance....

Mike Filosa, CAS

Atlanta

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Hi, Mike

Rich's advice is great, and reflects how I was finally paid for a long past-due job. Also remember to keep track of any costs associated with your efforts to collect, in addition to your time. Many jurisdictions allow the addition of reasonable costs to any collection judgement.

In the past a tactic many of us here in the DC area used to help collect from a client that owed many of us many thousands of dollars was to enlist the help of the clerk of the small claims court. The guy in question owed enough to enough people for it to work. We had him served notice for hearings on Monday, Wednesday and Friday of one week, Tuesday and Thursday of the next week, etc. It worked only because he owed so much to so many people so close together. Our local's BA was in law school at the time and he came up with the plan.

Hope you get paid,

JG

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I thought I would update folks on my deadbeat production. I was told that the check was signed and was going out in today's mail. Now, I still have to see if it happens and if the check itself clears (really I doubt if I'll have problems with it clearing), but at least in my case things do seem to be resolving themselves.

Wayne

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