How to get agreed payment for service

[Dan_Patrick]

This is my first post, so I'm not even sure this is the right place for this.

I'm a writer and completed an assignment for a magazine, delivering the story and an invoice on March 30, 2006. The story and invoice were delivered to the Los Angeles editorial office to the magazine's editor, who made the deal. He then asked me to invoice the magazine's publisher, in Aurora, Colorado. I did so on March 31. The amount invoiced and owed is $4085.00.

While the editor was very complimentary about the story, in spite of multiple phone calls and e-mail messages to him, I have never been paid, though the magazine ran the story and is still publishing new editions.

Is there anything I can do? Is this a small claims matter? Who is responsible, the editor who asked for the story and agreed to terms or the publisher? I suppose that's a key question, as the publisher is in another state, though he does occasionally travel to California - and to events all over the country - representing his magazine. The editor and editorial offices are local.

Any ideas how to rectify this would be much appreciated.

Thanks very much, Dan

 

[seniorjudge]

If you mean that the editor and the editorial offices are local to you, then sue those people in small claims court in your area.

 

[Dan_Patrick]

If you mean that the editor and the editorial offices are local to you, then sue those people in small claims court in your area.

Forgive my ignorance, but I live in West Los Angeles. There's a small claims court fairly near here, I think. The magazine's editorial office is actually out of the editor's home, in Thousand Oaks. Would I go to the court here and have him served there? I know nothing about the process.

Thanks very much for your reply.
Regards, Dan

 

[lwpat]

The California Courts website is very informative about small claims. Start there.

 

[seniorjudge]

Forgive my ignorance, but I live in West Los Angeles. There's a small claims court fairly near here, I think. The magazine's editorial office is actually out of the editor's home, in Thousand Oaks. Would I go to the court here and have him served there? I know nothing about the process.

Thanks very much for your reply.
Regards, Dan

If you can find an official from that company in your county, you need to serve that official in your county.

 

[Dan_Patrick]

Well, that may take some time. Is there any statute of limitations or anything like that in small claims suites? Can I start the process and just wait for him to appear in L.A.? Or does he have to be served within a certain period of time after I do whatever it is to start the processs?

Again, thanks for your help. Dan