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Is there even anything i can do?

Discussion in 'Bad Dog Cafe' started by adamkavanagh, Dec 24, 2012.

  1. Mike Simpson

    Mike Simpson Doctor of Teleocity

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    I cant imagine playing past the second gig that you didn't get paid. I would be very, very surprised if you ever see most of the back pay. We get paid at the end of every gig except one that pays by payroll direct deposit next week. How long would you work at Home Depot or Wal-Mart if you didn't get a paycheck?
     
  2. TeleTim911

    TeleTim911 Friend of Leo's

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    Didn't you mention this on another thread? I wanted to comment then.

    I always have a contract, even for benefit gigs (freebie jobs)...if nothing else for insurance purposes.

    I've taken two bars to court over paying me, they both lost. They ended up paying court costs, process servers, filing fees, attorney fees, and my attorney even got added in extra for time and trouble. One bar went out of business after I sued him and won, he still had to pay me. Best part, I paid attorney a $1 retainer fee, and he never charged me another dime. He just liked me and the band for some reason.

    A couple other times all attorney did was make a phone call for me, next thing I knew I had cash in my hand. Sometimes that's all it takes.
     
  3. charlie chitlin

    charlie chitlin Doctor of Teleocity Silver Supporter

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    Last time that happened to me we left with a cigarette machine, pinball machine and foosball table..
    Not the most convenient payment, but what're ya gonna do?
     
  4. Mike SS

    Mike SS Poster Extraordinaire Silver Supporter

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    All businesses hate bad publicity. I once helped a young man get a used car dealer to make things right with him, and it didn't cost a dime. I told him to tell the car dealer he was going to the Better Business Bureau, and the city's Chamber of Commerce and complain. The scam artist car dealer suddenly decided to give him a different car.
     
  5. onenotetom

    onenotetom Tele-Afflicted

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    Can I play in your band?:cool:

    Back to the original post: I have a renter that has been with me for 20 years. She always gets behind but has always paid until the last couple of years where she got to the point that it is impossible to make up. I choose to let her stay but know that I am out the money.

    They could have given you $2,000, $1,000 or $500 but instead you got nothing. Plus they drug you down there. This business has serious financial issues and odds are they are past the point of being able to catch up. You are going to have to choose what you are going to do. I wish you luck!
     
  6. TheGoodTexan

    TheGoodTexan Doctor of Teleocity Ad Free Member

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    My folks ran into the same exact problem with a renter a couple of years ago, and chose the same action that you did - just working with the lady and trying to help her stay on top of things, to make the best of the situation. That is... until a brand new car showed up in her drive way. My father called to ask her about it, and she did not hesitate to say that she did indeed purchase it herself and was making payments on it.

    At that point Dad gave her 90 days to catch up on rent in full, or be ask to leave. She did not catch up on rent, but she was able to drive away from the house in a very nice car.

    Dad said that her personal finances were really none of his business, but that he wasn't going to finance a car for her.
     
  7. TJNY

    TJNY Friend of Leo's

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    [​IMG]
     
  8. tpaul

    tpaul Poster Extraordinaire

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    It's helpful in this sort of situation to have a friend who is an attorney. Don't expect them to work for free either, but often they will write a brief letter on your behalf, on their letterhead, requesting payment owed. A letter from an attorney will sometimes get action without anybody actually having to go to court.

    However, I understand the OP's position. It sounds like he has a longstanding relationship with this venue that has overall been positive, and he doesn't want to lose the gig. Plus, he's thinking he'll probably get paid if he waits. The problem is that while waiting, they're still expecting him to play his regular weekly gigs for free. Threats, letters from lawyers, refusing to play, etc. will result in his losing the gig. Tough to know what to do in this situation... best of luck, let us know how it turns out.
     
  9. kelnet

    kelnet Telefied Ad Free Member

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    When I was playing for a living, we played week-long gigs, and we always got paid at the end of the week. But then, we always had a contract, and the gigs were arranged through a booking agency. There was accountability.
    I'm not understanding the math here. Is it $500 per night, or $500 per week? You've given the bar owners at least three weeks of free entertainment. How much more will you give them?
     
  10. telequacktastic

    telequacktastic Tele-Afflicted

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    If they used to pay and can't anymore sounds like the time to look for a gig that does pay to replace the gig that doesn't. Eh, it happens.
     
  11. KokoTele

    KokoTele Doctor of Teleocity Vendor Member

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    Your friend sounds like a biggest sucker in this situation. How can you use them for their money if you're not getting paid? $500 is a good rate for an easy gig like that, but only if you get paid on time. I bet that if you weren't doing this gig, you could have played enough at other places to earn nearly that same money, and have gotten paid on time.

    You've been screwed. If you go back there and play any more gigs you're helping the club owner to screw you.

    My favorite plan: show up for the next gig, and demand to be paid before you set up. Unplug the jukebox and find a big, burly bouncer type to guard it. if he's not going to pay you to be the entertainment, then he's not getting any entertainment that night. A quiet bar tends to be an empty bar.
     
  12. Mike H.

    Mike H. Tele-Afflicted Silver Supporter

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    Hire a couple of bikers as your "Business Managers" and pay them another visit.
     
  13. charlie chitlin

    charlie chitlin Doctor of Teleocity Silver Supporter

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    Yup...
    And get someone else to stand outside telling people , sorry...bar closed tonight.
    Been there several times.
    It sucks.
    It's especially hard to get paid if you're not a bit of an a$$hole, too.
     
  14. scat4me

    scat4me Tele-Afflicted

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    I would throw a party for my friends run a $4000.00 tab and tell them to take it out of what they owe you.
     
  15. Joe-Bob

    Joe-Bob Doctor of Teleocity

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    Best idea so far! :twisted:
     
  16. StarliteDeVille

    StarliteDeVille Tele-Meister

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    I took this approach and it worked. I worked at this restaurant, and the owner decided he wanted me to do a weekly open mic. I didn't really want to do it, so I told him I would have to make 50 bucks a night, beer and food. To my surprise he said that was fine. As these things normally go, it was really big initially, and I was paid each night. Then, I didn't see the owner for awhile. He paid me and several others at the restaurant cash, so I was often waiting on that money too. He hated being at his restaurant. He would come in to do a few month's worth of paperwork and winding yelling at whoever was there about overnight tabs. I decided leaving a tab could get me some food, beer and his attention. The other managers would ask me if I wanted to close my tab, so I (more than likely so they didn't have to hear the rant) could avoid his wrath. I told them to make sure mine was on top and to have him call as soon as he started his tirade. He finally asked me if I wanted to talk about my tab, and I told him I would love to. I kept track opf what I was owed, and of course he had no idea because he never did the paperwork he just came in and bitched about tabs. It wasn't that night, but I eventually got my money. He also paid for my plane ticket to England and gave me the week off to go play, a cash advance once to get album art done, paid for me to see the Stones twice and gave me 500 bucks when I finally threw in the apron. It was a unique situation and I knew I would be more than taken care of in the end, but not having cash for your work when you are supposed to is annoying when you aren't working with much in the first place. I probably came out ahead in the end, but I( am sure that is not always the case and sometimes you can't wait it out.
     
  17. gmann

    gmann Friend of Leo's

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    Either of these would work. I hate to resort to violence but these guys have no intention of payin' you, ever. Are you new to this business? If you let these guys get away with it why would any other club pay you?
     
  18. Bartholomew3

    Bartholomew3 Friend of Leo's

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    Civil matter - cops don't care and won't get involved. Sucker gig. A Lawyer can't get what the club owner doesn't have, it will probably take 2 years to get into court & require big court costs to file and prepare with no guarantee of getting paid --- even with a win.

    Walk away and don't make the same mistake again. If you have proof and enough evidence file it in small claims court in your area - still doesn't mean you will ever get paid. Seizures cost a bundle to enforce. Maybe you will get the owner's furniture or business car. The last seizure I did in Montreal was a restaurant due to unpaid rent and I got a judgement for the owner's Mercedes.
     
  19. Dave_O

    Dave_O Friend of Leo's

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    You have got to be joking, mate.

    Our American cousins have a saying:
    "Fool me once, shame on you.
    Fool me twice, shame on me."

    The only time we don't get paid on the night is when there are tax invoices involved. In that case there are also written agreements and paper trails to back it up.
    Otherwise, it's cash on completion.
    And if they don't pony up, you DO NOT play there again and you let anyone who'll listen know what a pack of lying, cheating scumsuckers these guys are.
    You don't get $500 for that. You've given away $500 worth of services.

    4 gorillas??
    You'll never see that money.
    Walk away and tell every other muso you know that these @rse-wipes don't pay.

    But don't tell them this part of the story; they'll laugh in your face.
     
  20. Lunchie

    Lunchie Poster Extraordinaire

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    +1

    Your obviously not going to get a lump sum. Have them pay you double before you even set up. If he pays you play, if he doesnt, go home. Also get something in writing!

    Why worry about loosing it if your not getting paid? Let someone else play for free.
     
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