Theft of Services

[cathieking]

I am a Freelance Photographer. I recently took a client to court for not paying for a job I did for him. I was never about my work that he never paid, he just always made excuses why he didn't have the money, so I did not continue doing the job until he paid what he owed. I had a signed contract with him and a stack of email correspondence with all his statements when he would pay. So I filed a claim and got threatening emails in return saying he would see me in court so I know he received it. He never showed in court so I won the case. He must of received the court decision because I just received an email saying he wanted to settle but was giving me allot of demands. I emailed him back that he should of come to court to negotiate. His response was that the person I filed the claim against and to whom I had a contract with does not even exist. (You are suing people that dont even exist.) Is what he wrote exactly. I don't know how do go forward. He is obviously has done this before because when he hired me he said he had problems with last photographer he hired and he said he hired one to complete the job I did not finish.

 

[presutin]

Was this a small claims court suit?

 

[cathieking]

Yes this was a small claims case

 

[Michael Wechsler]

If you have a judgement against him then you should probably begin the collections phase. You send him a copy of the judgment and a demand for payment within X days or you will need to take further legal action against him where he may also be liable to pay costs of execution (expenses in trying to get paid.) He can hem and haw all he wants but if you've got his name and a judgment, he's going to have to explain to a court later why his assets shouldn't be seized, e.g. His wages garnished, bank account frozen, etc.

 

[cathieking]

Thank You but what he is telling me is he did not sign the contract with his real name. That the person I thought I was dealing with is a non exsisting person.

 

[dee_dub]

So his name is "A" but he signed the contract using the name "B" seeking to avoid payment?

Not only is he still liable to pay the contract, he's also committed some sort of fraud or obtaining services under false pretences.

 

[cathieking]

Thanks dee_dub but what is my recource. It may be fraud but who is going to stop him, I am sure he has done it before.

 

[dee_dub]

You said you have a judgment against him. Go enforce it against him. That'll learn him. If you want, get the police to press criminal fraud charges. That'll learn him even more.

 

[SMW444]

You are dealing with a con artist.

"His response was that the person I filed the claim against and to whom I had a contract with does not even exist. (You are suing people that dont even exist.) Is what he wrote exactly."

Go to the judge and show his email to you, so the judge can issue warrant of arrest for fraud.