Consumer Law, Warranties Unfulfilled Contract

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Mattseeker

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Good Afternoon,
I'm a freelance writer, and often work on contract for various magazines. Last November, I submitted a story to a magazine, and they sent me a contract to publish the story. Both the publishing company and I signed the contract, and the story was published in the magazine. The contract clearly states that payment would be sent "within 30 days of publication." The publication date was December 2005. My story appeared in the magazine, and it was also featured on the magazine's Web site. However, it is now April 19 and I have not received payment for the story (it is 130 days after publication and counting).

I have written to the publisher numerous times asking politely when payment will be sent. But they are not sending payment.

I am located in Massachusetts; the publishing company is located in North Carolina. My desire is to settle this without strife, but after four months it's difficult!

What are my options here? There is small-claims court, but what about the fact that I am in MA and the publishing company is in NC? Also, is there any additional issue given the fact that this is a contract, signed by both parties? Finally, is there a way for me to recoup the time I have spent chasing them for the money they owe?

I appreciate all the help I can get.

Thank you very much,
Matthew
 
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