As they say on TV - "WAIT, THERE'S MORE !!!" ... Ah, yes ... it was the middle of July (MANY years ago) ... we were playing an afternoon wedding reception... the outside temp was about 98F and the power goes out in the catering hall ... within 5 minutes the sweat is pouring down all our faces ... we remove our tux jackets and ties and roll up our sleeves and continue playing as best we can acoustically ... the bass player called home for one of his sons to bring his stand up bass and a bull horn !!! ... we even went outside to play for some of the guests that went there ... end of the gig the bride's father refused to pay because we "didn't deliver what we had promised" !!! ... after a few minutes talking with the bass player/vocalist - who was REALLY one of the most mild mannered people I've ever known - the bride's father paid us ...

Was his last name Soprano?

... no, but he WAS Italian - as we all were (are), and he REALLY was mild mannered ...

I would still check with the Sheriffs office to see what assistance they can give on bad checks.

Back in the early 70's when I was in college I played in a jazz trio - We called ourselves "The Three Aces"....our business card had Aces playing cards on them along with the slogan "Call us for a Full House"....ha ha. But I digress....

We got a call to play at an old country music joint - similar to the one where the Blues Brothers played. No chicken wire though. We set up our Wurlitzer and drum kit, put on our gold jackets and started our first set playing the "Peter Gunn Theme". By the time we finished our second song ("Elusive Butterfly"), the manager of this country/biker bar came in and told us to pack it up and don't waste any time getting out. He told us none of his customers were going to pay to listen to wannabe jazz musicians. No pay of course.

We quickly loaded the stuff back into our VW bus and (unbeknownst to me!) the keyboard player tied a rope around the screen door on the back of this joint..... we dragged it for a mile before we cut it loose... just sayin'

That's rotten Paul! PM me the name of the restaurant so I know never to go there. Boo!!

for anyone considering legal action

Paul, I feel your pain (and anger?). When it has happened to me in the past (getting burned by some villain), well, it's one thing to lose money. What gets me more is how people can deliberately cheat other people and still sleep at night?

I've been through this maybe half a dozen times. You'll get your money in Small Claims Court but you'll have to go through hoops to do so. Not only that, it will take up to a year if the judge finds for you, the plaintiff, and against the defendant, but the defendant decides they still don't want to pay you.

My most intricate situation was the bride decided she had no money left after the wedding to pay me. It was quite a bit of monies due. I filled out the papers, paid the fee, and waited 4-6 weeks for the court appearance. The judge decided she owed me the money (judgement against the defendant). Defendant does not fork up the cash by the due date. So it's back to the court to petition for an "attachment" on her salary. Judge grants that and the Sheriff serves her the papers and contacts her employer. I got X dollars per week until the debt was paid. But...it took the better part of a year and back and forth to the court. Worse...even if you get a judgement, if the defendant is self-employed then the Sheriff is committed to showing up wherever they can find the defendant and confiscating whatever money they can find on them until their debt is satisfied. Also a lien is placed on the persons house and you will receive monies owed upon sale. It gets real messy and real complicated!

The way I do things now to make life easier....I never take a job from a person who is not employed by a company (so I can "attach" their pay). If I get stiffed, first step is to send them an extremely formal and professional letter using words like "enter into litigation with you" (sue you) "in Superior Court of New York/Special Civil Division" (Small Claims Court). The more formal the letter is the more likely they will pay you since you sound like you know what you're doing and you're NOT bluffing...you WILL proceed into litigation. If that doesn't work, I take the next step....go to the Clerk at Small Claims and take out formal charges. Pay the appx $30 fee and have them served with the formal papers. That usually sobers up the defendant enough that they cough up the money. If that doesn't work you go to court on the designated date, and you have an informal consultation with a prosecutor before trial. If that doesn't work you go before a judge and, believe me, they're not stupid. They can smell a rat miles away. They'll find the person guilty as charged.

Keep in mind...an "oral contract" IS binding but harder to prove than a "written contract." But, again, judges see right through situations like this.

I have two cases on my desk right now (illegal tow $450 and misleading sales transaction..shoes $200) Been sitting there for two years. Did all the legwork, all the paperwork, and ready to apply for a court appearance. But...every time I look at them I come up with the same conclusion. Do I want to go through all this again? Two separate times, no less.

Anyone considering court action has to ask themselves: a) is it about the money? b) is it about the defendants lack of morals c) is it about preventing them from doing this to someone else? d) is it about vengeance?

I can be a hothead when somebody does me a "dirty." For me it's about money second, and "vengeance" first. But that was in the old days when I had plenty of strength and vitality and patience. Nowadays I think of the old adage: Is the result going to be greater or less than the amount of time and energy you have to put into it.

If I were YOU and not ME, I would take the members advice about using it as a "learning lesson." Once you've paid your dues...the "learning lesson"...you'll never let it happen again.

It took me 1/2 hour just writing this out. Now that I think about it....I really don't think I have the endurance anymore to go through what I wrote above.

Sorry Mark I didn't reply sooner, I did not see you response. Thanks for your time and concern.

Here's an update. I had a face to face conversation with the owner of the restaurant, she told it was an honest mistake, to please give her another chance, and that she wanted to actually add some more dates. I told her once her new check cleared we'd be open to talk about that.

Good news, the checks have now cleared. So for now, we'll keep working at the restaurant. It's a brand new place, it's very nice, and the acoustics are great. We're just going to take it week by week and hope for the best!

Paul my experience tells me you will not see your last check

At least... not without a hassle.

Yes, I have that feeling too...