Having real problems with a commission

[jez0]

Hi everyone, just looking for some general advice as i have no idea what to do about this.

I paid a very respectable Hollywood SFX artist to do a private commission for me. He was very enthusiastic about it and things progressed very well for the first few months. He said we would work together every day up until the time to mold. Things started taking longer as he was working on movies and other projects. But would reassure me that things were going great, which is perfectly understandable. We never really specified a completion date. Any way, fast forward to 2 years later in November last year he promised to send me updated pics within a couple of weeks. It has been around 7 months since then and he has not responded to any of my emails or Facebook messages.

So after hearing nothing for 7 months, i asked for a refund which he responded to immediately. He apologised and agreed to give me a refund

"Please give me some small time to bring you a payment and I will have you fully reimbursed within a few pmts there after"

After a week had passed i sent this

"Hi XXXX, hope you are well. Don’t want to pressure you at all, am happy to give you time, I was just wondering if you knew when I could possibly expect to receive the refund ?"

He replied with

"I'm not sure yet, As soon as i have something solid i will email you, For sure, Thanks"

I'm a bit confused as i always thought refunds were given in a pretty timely fashion. Others were telling me that i needed to get on top of this asap, so i sent this at the beginning of July

""If you can get anything to me by the end of the month that would be really helpful" I figured 4 weeks was pretty reasonable

I didnt hear anything back all month so i sent this last night

"Hi,if possible I really do need the refund in the next few days. I am desperately trying to avoid further action and would really like to resolve this asap"

He then sent me this

"Hey

We jointly decided not to go any further on the project. I told you then, As now i have no job presently.
I asked for a refund after not hearing anything for 7 months after he ignored multiple emails and facebook messages

There is no deception on my part work is slow. I offered you a refund when i had the money, I don't have money now, Simply between jobs.

He has never offered me a refund when he had the money, the only time a refund was ever discussed was when i asked for one at the start of the month

If you want to rev yourself up...thinking i am trying to wrong you, Your doing that alone with out my participation...

His inaction and the length of time this has been going on is his participation.


Work with me.....we will get a refund, when i have a job and money.

If you want to send me sharp emails, well thats not my hope...


I would like us to be cool and resolve this calmly"

This is a guy who has these movies to his credit

Star Trek
Hellboy
Avengers
Batman Vs Superman
Into The Woods
Pirates Of the Caribbean
Underworld

the list is endless really, he has his own studio and goes around the world teaching and he cant afford to refund me until he gets another job?

Am i in the wrong here ? because i feel like the bad guy ? It has been 2 years and 3 months since i paid for this.

 

[Moviefreak]

If he has a list of movie credits like that, I am positive that he has some film used movie props laying around his shop. He should man up, sell some stuff off and refund you. I'm sure he could sell some screen used stuff off pretty quickly if he has to.

 

[TazMan2000]

I would assume there is no contract drawn up. Your only recourse is to pursue this legally or wait until he gets a job and pays you back. But even if you pursue it in the courts, you still might not get a refund. If you go the legal route, ensure you have all of your documentation backed up in triplicate (emails, texts, etc.). You could trash him on this forum, and if he hears about it, he could possibly cause you grief, so I would be careful, unless you know you aren't ever going to get a refund.
How much did you pay him, if you don't mind me asking?

TazMan2000

 

[jez0]

I paid $2700

 

[JoeG]

See if he's willing to work something out. Maybe he has something of similar value that he can send you and that you can in turn sell to recoup your losses. You can try small claims court, but thats likely more hassle than you've spent in the first place. As much as it stings, you may have to chalk this up as a loss. Be prepared for that eventuality if you can't work this out.

And you're definitely not the bad guy, but with something like this you should always get everything in writing up front. Without predetermined deadlines with penalties in place for not meeting those deadlines, you were going on blind faith that he would ever finish this for you to begin with.

 

[jez0]

It never really crossed my mind to get any sort of contract written up, he is so well respected in the Industry i never actually thought that anything like this would happen.

 

[WhillB]

What a scum bag.

If he/she actually does have even one if those movies in his portfolio, than they are an idiot and have made a lot if poor life choices to be so broke.

Sorry, but every time I hear a story like this, it ticks me off. There's no excuse for no communication. We all have voice, text, email communication in our pockets, 24/7.

 

[propmaster2000]

If money is a problem and he can't find a job to refund the $2700, maybe he should just do the original commissioned job with materials he has on hand in his studio or give you comparable items from his shop in trade...he could invite you to his studio.

 

[Moviefreak]

If money is a problem and he can't find a job to refund the $2700, maybe he should just do the original commissioned job with materials he has on hand in his studio or give you comparable items from his shop in trade...he could invite you to his studio.

I agree, he most likely has supplies in his shop and apparently plenty of time since he is out if work. He should just buckle down and get the commission done.

 

[Customrelic]

$2700 is not an amount that a court of law wouldnt care. Actually, its quite the opposite. I had to file against someone last year for $1500. And the best part is that it gets filed from the town you live in. That in itself is a great tool in getting a refund. Nobody wants to have to fly to an out of state lawsuit. And if he decides not to show up and you win by defult, the judge can issue you up to 3 times the original amount being sued for. There are plenty of ways to collect your money too. they will tag his ss number with the judgment and anything linked to it (paycheck, job application, bank account etc) is subject to garnishment. Believe me, if you file a suit in court next week you will have your refund in a matter of days. 10 years ago i would agree if someone said "chalk it up as a loss). But not anymore. The laws of changed so much. Dont let that just go and do nothing. I did it and it worked perfectly. Send him an email ( and reg mail) saying he has 10 days to refund you or you will be filing a lawsuit. Keep all corespondence between you. Good luck. I hate thieves

 

[propmaster2000]

It's really sad that a SFX artist with credits like these...

Star Trek
Hellboy
Avengers
Batman Vs Superman
Into The Woods
Pirates Of the Caribbean
Underworld
+ many more...

would allow this to happen.
He has probably worked with the best for many years and can't do the work anymore.
It takes a steady hand to sculpt and the competition is fierce.
Can not find work if know one hires you...it's hard to say.


.

 

[jez0]

Only problem is that I'm in the UK and hes in California, I'm not sure how the law applies when its International

 

[TazMan2000]

I paid $2700

Ouch. I would agree with Customrelic. However, most small claims courts have different amount limits that you can make a suit for. Best check your area and his to determine what that amount is. "Theif" may be a strong word for him, since, in my opinion, he intends to 'eventually' pay you back, when it's totally convenient for him (perhaps if he wins a lottery or something, lol). But he is definitely a "Scumbag". Don't give up and keep us updated.

TazMan2000

 

[propmaster2000]

Only problem is that I'm in the UK and hes in California, I'm not sure how the law applies when its International

Dang, did you find him on line through his web sight or a referral?

 

[TazMan2000]

Only problem is that I'm in the UK and hes in California, I'm not sure how the law applies when its International

In that case, the only way will be to seek out a lawyer. It may not be that expensive. Sometimes all this will take is getting a lawyer to write a letter to him, stating that you will be pursuing legal action. It's amazing how an email from some sort of authority (especially internationally) might get a fire lit under someone's butt. Mind you, if he doesn't respond, the cost to pursue it further will rise exponentially, most likely. Can you get a free consultation with a lawyer in the U.K. just to speak about your issue?

TazMan2000

 

[jez0]

Dang, did you find him on line through his web sight or a referral?

I was looking for a really good artist so i found him through the Stan Winston School. I could get a free consultation, I'll look into it.

 

[TazMan2000]

Hmm. Sounds like the Stan Winston School would be disappointed to find out you are having this kind of trouble. Use every avenue you have to get your money back.

TazMan2000

 

[Customrelic]

Ouch. I would agree with Customrelic. However, most small claims courts have different amount limits that you can make a suit for. Best check your area and his to determine what that amount is. "Theif" may be a strong word for him, since, in my opinion, he intends to 'eventually' pay you back, when it's totally convenient for him (perhaps if he wins a lottery or something, lol). But he is definitely a "Scumbag". Don't give up and keep us updated.

TazMan2000

you are right taz, "thief " is the wrong word. Scumbag is much better. He did offer to pay it back eventually. And i agree 1000 percent with what you said in a later post. I bet the school the recommended him would love to hear how he screwed you.

I didnt realize you were in the UK. Do lawyers there offer free consultation? If so, You could use that as advice on how to proceed without actually retaining a lawyer. Im sorry you are going through this.

 

[Snikt]

I would put the clown on blast and mention his name here if he doesnt comply with a refund. Lots of people on this site are in the industry, and knowing that he is a scumbag would cost him. Unfortunately thats the only way people listen sometimes, or learn their lesson. Thats very unfortunate, and if someone is doing those types of movies, and is at Stan Winston school, they have that kind of money. This really upsets me. And 2700 bucks is a big chunk of change. I wish I could help in someway, but man. Dont give up obviously, and keep us posted.

 

[MadMike]

Over two years ago, you paid someone 2700$ to build something, he hasn't finished it yet, and now you want your money back.
Don't get me wrong, I can totally understand that you want your money back and dont want to "work" with this guy anymore.
But do you want your money back because he hasn't delivered yet, or because you need/want the money?

I mean, if he has no job right now, he should have enough time to finish your commission, but from the communication you presented us, this does not seem to be an option, neither for him nor for you.