Is asking for payment from a third party against any laws or individuals rights?
Question:
After numerous attempts through phone calls, email and letters, all with no result, I made one last ditch attempt to collect payment for the time spent and deliver the pics by writing both the bride and grooms parents (who were listed as alternate contacts on the original contract) to offer them the chance to get the pics.
I was forced to enter a case through small claims court to get the remainder of the payment owed, plus the interest accrued. They are countersuing, claiming I violated their rights by trying to collect payment thru a 3rd party.
Do they have any case? I know I do . I have sufficient contracts, etc. I want to know about THEIR chance for collection against me.
Thanks! :)
Answer:
No. They have no case. You have a contract ... they violated the contract by not paying you as agreed. You have a legal right to make reasonable efforts to get paid and that INCLUDES contacting them at known places they may reside like family homes, work places, restaurants they visit, etc.
Only possible issue would be if you were harassing them excessively, trespassed, or did something illegal to attempt to get the money ... like if you went to their job and sat down in front of their desk every day for a week and caused a bunch of trouble ... .or . if you broke into their house looking for money.
Provided you followed the law ... you're legally entitled to collect the money they owe you and them claiming you tried to collect through a 3rd party . is just a bunch of BS.
Good Luck.
If you have a signed contract by all means take them to court and get your money. Do it as soon as possible before your time to do it run out.
If the parents are on the contract , either as the contracted party or a contact for them , then you would seem to be in the clear.
All you did was contact a person on the contract to attempt to resolve payment.
If you are in the US, you broke the law by informing another person about the legal debt of another.
IF your contract was with the bride and groom, you by law are restricted from even telling anyone else, including thier parents that any money is even owed, and most certainly you can not attempt to collect from a 3rd party not part of the contract. ( if they were part of the contract they would not be a 3rd party)
So if you did not havve a contract with the parents, and only had a contract with the bride and groom, you are in serious ( very serious) trouble, you violated federal collection laws and not only can they bring civil charges, but can also report this for criminal action also.
So if his is the case and your contract was only with the bride and groom, you had better try to settle, give them the photots free and see if they will just forget all of this.
And you can not at all name them in the law suit, only the people you actually had a contract with.
A contact is just that, someone to contact to give the photos to, if the parents did not actually sign the contract, you have violated thier rights.
I would hire an attorney ASAP to get you out of this mess and settle with these people
Provided that you didn't violate any debt collection laws, they have no grounds to sue you for attempting to collect a lawful debt. Contacting a name they give you after failed attempts to contact them does not violate federal statutes. I'd have to know what state you are in to know if you have local debt collection statutes.
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