leah_allison
New Member
I'm new, am not sure how to do this, left messages on different threads [?] but:
I am a new york artist, living in an 'art' community, many organizations and museums. I sold a painting to a new client. At client's request, I delivered painting which had been altered to client's requests, and approved at my studio. Upon delivery, client stated they loved painting and immediately hung it on the wall, and gave me a check. They rushed me out of the house before I could write them a bill, soI sent it to them the next day, marked 'final sale'. I deposited the check in the same bank upon which it was drawn, assured that the funds were available. The following day, my account reflected online wtated funds were available, and I paid two credit cards electronically, using all but $5.oo of the amount. Eight days after the original purchase, the day after I made my payments, the client stopped payment on the check. My account was debited the amount, and although I wrote to the bank several times explaining the circumstances and banking law as I know it and bank policy as described in the booklet given to me when I opened the account, the debit remains and my account has been closed for failure to reimburse the bank. When I received the returned check, I wrote to the client, demanding the reimbursement for the amount. Two and a half weeks after the original purchase, a week after this letter, the client left the painting, without authorization or acceptance, outside my driveway gate, @150 feet from my front door, with a note stating that they did not want the painting. [I put the painting in my storage room to protect it.] I commenced a small claims action for the amount. The client sent me a letter threatening me with a lawsuit for their alleged medical expenses for stress into perpetuity due to my 'frivouous' case, exposure for my greed and fraud, in the media, and to the local art organizations and museums. QUESTIONS: DOES THE FACT THAT THEY RETULRNED THE PAINTING, ALTHOUGH NOT AUTHORIZED OR ACCEPTED HINDER MY SMALL CLAIMS CASE? DOES THE FACT THAT THE BANK IS PROBABLY LIABLE[?] FOR THE STOPPED CHECK CHANGE WHO IS ACUTALLY THE PROPER DEFANDANT? DOES THE THREAT RISE TO THE LEVEL OF EXTORTION, OR TO SLANDER AND DEFAMATION [do I have to wait for the actual slanderous acts?], OR IS IT JUST HARASSMENT? WOULD I BE BETTER OFF WITHDRAWING THE SMALL CLAIMS ACTION, AND COMMENCING ONE IN THE JUSTICE COURT, WHICH OPERATES UNDER REGULAR RULES OF COURT PROCEDURE - [this entails summons and complaint, service, etc.....and is much more complicated and costly.]?
thank you for your assistance
Leah
I am a new york artist, living in an 'art' community, many organizations and museums. I sold a painting to a new client. At client's request, I delivered painting which had been altered to client's requests, and approved at my studio. Upon delivery, client stated they loved painting and immediately hung it on the wall, and gave me a check. They rushed me out of the house before I could write them a bill, soI sent it to them the next day, marked 'final sale'. I deposited the check in the same bank upon which it was drawn, assured that the funds were available. The following day, my account reflected online wtated funds were available, and I paid two credit cards electronically, using all but $5.oo of the amount. Eight days after the original purchase, the day after I made my payments, the client stopped payment on the check. My account was debited the amount, and although I wrote to the bank several times explaining the circumstances and banking law as I know it and bank policy as described in the booklet given to me when I opened the account, the debit remains and my account has been closed for failure to reimburse the bank. When I received the returned check, I wrote to the client, demanding the reimbursement for the amount. Two and a half weeks after the original purchase, a week after this letter, the client left the painting, without authorization or acceptance, outside my driveway gate, @150 feet from my front door, with a note stating that they did not want the painting. [I put the painting in my storage room to protect it.] I commenced a small claims action for the amount. The client sent me a letter threatening me with a lawsuit for their alleged medical expenses for stress into perpetuity due to my 'frivouous' case, exposure for my greed and fraud, in the media, and to the local art organizations and museums. QUESTIONS: DOES THE FACT THAT THEY RETULRNED THE PAINTING, ALTHOUGH NOT AUTHORIZED OR ACCEPTED HINDER MY SMALL CLAIMS CASE? DOES THE FACT THAT THE BANK IS PROBABLY LIABLE[?] FOR THE STOPPED CHECK CHANGE WHO IS ACUTALLY THE PROPER DEFANDANT? DOES THE THREAT RISE TO THE LEVEL OF EXTORTION, OR TO SLANDER AND DEFAMATION [do I have to wait for the actual slanderous acts?], OR IS IT JUST HARASSMENT? WOULD I BE BETTER OFF WITHDRAWING THE SMALL CLAIMS ACTION, AND COMMENCING ONE IN THE JUSTICE COURT, WHICH OPERATES UNDER REGULAR RULES OF COURT PROCEDURE - [this entails summons and complaint, service, etc.....and is much more complicated and costly.]?
thank you for your assistance
Leah
