Here's my situation: I've been writing for a magazine for a year and a half. I have a contract that states payment is two weeks after publication. Sometimes they're late, sometimes not; it's never been a huge deal.
However, they are currently three months behind on payment. Partly this is my fault for not being diligent with my invoicing, but I've never had an issue getting paid once I reminded them.
It turns out the woman who is my editor is in the process of buying the magazine from the current publisher. I sent an invoice yesterday to the accountant and cc'd the editor and the publisher. I received what can only be described as a pathological email from the publisher saying he would not be paying me, he was selling the magazine as-is, debts and all, to the editor and she would pay me eventually. (He also said I "disgust" him and not to step foot on his property, which was bizarre since this is literally the first time we have ever corresponded, I live in a different state, and I only sent a professional invoice noting they were three months past-due. I mean, it was the craziest email I've ever received.)
The editor who will be the owner is desperate for me to contribute to the september issue (I write a good bit of the magazine) and says she'll be able to pay me in the next couple of months. But who knows? She's starting with no money and counting on current advertisers to pull through. I'm worried the magazine is getting sold with bigger issues than she realizes and she won't be able to pay me. On the other hand, I would hate to walk away from what is owed me, I like her, and I feel bad she's inheriting this.
The sale is finalized in two weeks.
So I'm torn between taking the psycho publisher to small claims court, nowish before the sale, or trusting this editor will get me my money within the next couple of months. (It's around $1000)
Wisdom? And has anyone navigated small claims court before? It seems intimidating.
However, they are currently three months behind on payment. Partly this is my fault for not being diligent with my invoicing, but I've never had an issue getting paid once I reminded them.
It turns out the woman who is my editor is in the process of buying the magazine from the current publisher. I sent an invoice yesterday to the accountant and cc'd the editor and the publisher. I received what can only be described as a pathological email from the publisher saying he would not be paying me, he was selling the magazine as-is, debts and all, to the editor and she would pay me eventually. (He also said I "disgust" him and not to step foot on his property, which was bizarre since this is literally the first time we have ever corresponded, I live in a different state, and I only sent a professional invoice noting they were three months past-due. I mean, it was the craziest email I've ever received.)
The editor who will be the owner is desperate for me to contribute to the september issue (I write a good bit of the magazine) and says she'll be able to pay me in the next couple of months. But who knows? She's starting with no money and counting on current advertisers to pull through. I'm worried the magazine is getting sold with bigger issues than she realizes and she won't be able to pay me. On the other hand, I would hate to walk away from what is owed me, I like her, and I feel bad she's inheriting this.
The sale is finalized in two weeks.
So I'm torn between taking the psycho publisher to small claims court, nowish before the sale, or trusting this editor will get me my money within the next couple of months. (It's around $1000)
Wisdom? And has anyone navigated small claims court before? It seems intimidating.
