Eleanora Eden on thu 14 nov 02
Well I just got an offer from that gallery that they will pay me half of
what they owe me in return for a promise that I will not badmouth them
around to the chambers of commerce! (That little barb was my husband's
idea, and it is very likely the motivation for them to come forward and
settle this.)
Now one might think that acceptance would be capitulation or not principled
and there is a part of me that thinks that but the other more practical
piggy in me doesn't agree and here is that thinking.
I am saved the ENORMOUS HASSLE of a small claim which, fortunately, I
hadn't done yet. And instead of writing a fancy letter to the chambers of
commerce we just have to write an acceptance letter to this gallery. It
is very possible that a judge would split the difference as a matter of
policy. Not fair, but there it is, a court case is always a gamble. The
clincher is that a judgment from a court is only the BEGINNING in the
process of trying to get payment. Actually getting the cash from an angry
non-paying business can be a gargantuan task.
Certainly I can earn that other half at least twice in the time it would
take me to push forward with the case. And the gallery would be waving its
offer around as proof that I had been irrationally litigious.........
I'm sharing this with you all for more than the therapeutic value of laying
it all out. I think it is helpful to people who are just getting started
in business to see this kind of sticky cogitation. I once got a judgment
against a gallery in California and was not able to collect on it. It was
very depressing.
Eleanora
Eleanora Eden 802 869-2003
Paradise Hill Road eeden@vermontel.net
Bellows Falls, VT 05101 www.eleanoraeden.com
June Perry on thu 14 nov 02
Eleanora,
A collection agency would take 1/2 which may be the reason they are offering
you half, figuring that if you go to court and win, the collection agency
will get the full amount from them and give you half. So they save 1/2, and
avoid getting a bad mark with the chamber of commerce.
I think a better deal for you would be to ask for the full amount. It's still
a good deal for them. They don't have to go to court and they don't get a bad
report with the chamber of commerce or a cour record of a bad judgement
against them.
Just my two cents. :-)
Regards,
June Perry
http://www.angelfire.com/art2/shambhalapottery/index.html
Ditmar on thu 14 nov 02
I certainly hope you're not sharing this information with the world until
AFTER the settlement is agreed upon and signed !! The gallery can read
this too.
Ditmar
----- Original Message -----
From: "Eleanora Eden"
To:
Sent: Thursday, November 14, 2002 5:16 AM
Subject: that gallery lawsuit
> Well I just got an offer from that gallery that they will pay me half of
> what they owe me in return for a promise that I will not badmouth them
> around to the chambers of commerce! (That little barb was my husband's
> idea, and it is very likely the motivation for them to come forward and
> settle this.)
>
> Now one might think that acceptance would be capitulation or not
principled
> and there is a part of me that thinks that but the other more practical
> piggy in me doesn't agree and here is that thinking.
>
> I am saved the ENORMOUS HASSLE of a small claim which, fortunately, I
> hadn't done yet. And instead of writing a fancy letter to the chambers of
> commerce we just have to write an acceptance letter to this gallery. It
> is very possible that a judge would split the difference as a matter of
> policy. Not fair, but there it is, a court case is always a gamble. The
> clincher is that a judgment from a court is only the BEGINNING in the
> process of trying to get payment. Actually getting the cash from an angry
> non-paying business can be a gargantuan task.
>
> Certainly I can earn that other half at least twice in the time it would
> take me to push forward with the case. And the gallery would be waving
its
> offer around as proof that I had been irrationally litigious.........
>
> I'm sharing this with you all for more than the therapeutic value of
laying
> it all out. I think it is helpful to people who are just getting started
> in business to see this kind of sticky cogitation. I once got a judgment
> against a gallery in California and was not able to collect on it. It was
> very depressing.
>
> Eleanora
>
>
> Eleanora Eden 802 869-2003
> Paradise Hill Road eeden@vermontel.net
> Bellows Falls, VT 05101 www.eleanoraeden.com
>
>
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SusanRaku@AOL.COM on thu 14 nov 02
I don't know what the amount is that you are seeking so do not know if it
would be applicable for small claims court. I have used this route before
and it really takes little hassle and is fairly easy, and the payment is
often given at the same time as the hearing.
Susan
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