Legal advice needed, filing for small claims

[Deunamist]

Hi guys,

Anyone filed for small claims against a client before?

We have a client whom we have a shot quite a bit of footage for, and after submitting the drafts we think he's not going to pay up, based on his angry replies. Anyway, the only reason why we think he's hopping mad is because he changed his ideas again, like, between the time shooting was wrapped up to the time the draft was delivered. Bear in mind, client was on set for the entire duration of production, as requested by us.

On our part, we had delivered based on what was agreed upon and even if there was last minute on-the-set changes, we had made the recommendation to him clearly and only acted upon his approval. We think it is not fair to us for him to blast us with a list of items that was never mentioned beforehand, even though he was on set. The changes that he was demanding in the list of items to correct, will not be able to be reproduced unless we do a reshoot (which will incur additional cost, and which we obviously think he will not agree to).

95% of the deposit that has been paid went into production. I am only filing the claims because I need to pay my staff and myself for the work that has already been done.

Has anyone been in a similar situation before?

 

[kandinsky]

From your post:

1) You think he's not going to pay up
2) You think he will not agree to the additional costs for reshoot

It's not very clear what your last communication was with your client (e.g. have you sent your invoice?), or whether you know what his real intentions are.
Is this a new client? If he's serious about wanting to get the work done, maybe there's still room for negotiation.

If I were in your shoes, I might do it like this:

Communicate everything clearly in writing (delivered in person):
1) As what you're asking for now is beyond the scope of our original agreement/contract, it will require a revision of the original quote.
2) We're sorry that you are dissatisfied with the process so far. Maybe offer some measure of discount on the revised/additional quote as a sign of goodwill. (Difficult if the margin is already low, esp due to prior discount)
3) If you wish to kill the project now, we will still have to invoice you $X due to work already done. If you do not wish to honour our contract, you leave us no choice but to file a claim with SCT.

As much as it sucks, I'd assume responsibility for the miscommunication if I think there's a good chance that the relationship/project can be salvaged. Unless it's a case where you're pretty sure it wasn't really a miscomm, but the client's just plain nasty/unreasonable and nothing's going to change.

Don't have experience with filing claims or clients like that so far, maybe the more experienced guys will have better suggestions for dealing with this.

This doc might be helpful: http://app.subcourts.gov.sg/Data/Files/File/DIY Kit (SCT).pdf
Provides extensive info about the process (looks pretty time-consuming).

 

[Deunamist]

Yeah, new client, and the deadline for delivery was the beginning of this month, but reply for the draft only came in a few days later. He's making everything sound like we are screwing up his ideas, but at the same time he is not telling us exactly what he wants and just being really nasty and unreasonable, even going so far as to accuse the talents of 'sucking'.

Thanks for the advice dude, will check out that link.

 

[RhysCheng]

im no lawyer. but i think it is better for you to try to talk to your client. if it fails, get a lawyer.

 

[ellery]

Small claims is now a PITA. They will not make a decision on who is right or wrong. They expect you and your client to work this out - it is call mediation. The first thing they will inform both parties is basically neither is totally in the right or wrong; you both have areas where you are right and you are wrong. You need to discount some on yr invoice, client if refused to pay needs to pay something. Even if client does not show up, SCC will not rule against him. Basically you are better off working this out. Point also is that even if SCC ruled against the client, ie he has to pay; he can still choose not to do so. To enforce that judgement you need to get a baillif at I remember $200/hr to go to client registered office to sticker his office equipment as a prelude to a sale to recover money for judgement. Again this is more of a legal hanging of pig's head by an ah leong. If the bugger owns nothing of value well you have just spent some serious money to try to scare him. Sad right ?

Check you paper work. You did put what was discussed and agreed on paper and had gotten sign offs right ? Is it also a good time to remind the client that until payment is done in full they have no rights to use footage or the for approval stuff.

 

[JacePhoto]

Small claims is under SGD 10,000. Google the place to file.

You need to have valid documentations, i.e signed invoice, signed delivery orders.

I had the case throw out because i dont have the above. I also lost the case and the judge humiliated me. Also, dont act strong and mighty, confident. Act instead weak, vulnerable, but not a fool. Best if you are a female and the defendant is a Male. Judges fall for stereotypes. They usually protect the weak. Better still, cough blood on the spot. Thats what my client, small, weak, blood coughing female did! haha!

Then again like what others said, maybe you are not getting the client's brief correctly?

 

[Deunamist]

Hi all thanks for the replies. Situation actually resolved before the turn of the New Year. We told the client he does not know what he was doing and he actually agreed. Then we sold off to him all the footage that was shot.

 

[kandinsky]

That's great news. Glad you could start 2013 without that hanging over your shoulder.

 

[Deunamist]

That's great news. Glad you could start 2013 without that hanging over your shoulder.

yeah man.. happy about that, thanks!