Studio Owners: Dealing with bad checks......

[moogrocker]

Ok here's my story. About a month ago I finished up an album for what I believe to be a pretty prominant local mexican band. On conclusion of the project I sent an invoice out to their investor, who inturn paid their distro company, who came to me with a check in exchange for the master. And of course the check bounced. I work in the wonderful flooded market of Chicago so a payday of a couple thousand dollars is a big thing, and something my studio desperately needed.

So I call up the distro company right after it happened and they say they will transfer some funds into account and get me a new check in a couple days. A week goes by and I start to call....and of course they aren't taking my phone calls. So another week goes by, still nothing, so I start trying to call the investor about it, nothing there either, although I didn't expect much since she only speaks minimal english. So now I start calling the band's manager who did most of their booking in the studio and when I start talking to him about it, he cleverly turns off his fluent knowledge of the english language and goes back to spanish. The only person I've really been able to talk to about this is the frontman from the band, who has also only offered me minimal help.

So am I just screwed? Is there anything legally I could do to possibly get my money? If anyone has any advise I would love to hear it.
Thanks,

John

[cassettefetish]

Turn the check over to the police. They have 5 days to pay or they get anywhere from a $200-$1000 ticket. They don't pay that they go to jail.

--Nick

P.S. A check is a legal binding contract. You could sue them, too.

[kcrusher]

Do what casssette said and, in the future - no one gets the masters until the check clears!!

[superluminalmagus]

You could find out if the music has been copyrighted, if not, register it under your own name or your company. From what I understand, I think you can copyright sound recordings\performance rather than the song, then if they ever use your mixes, you can sue them for copyright infringement. Of course, this would cost money with registration and lawyers, but if they get big or something from your work, you'd probably get a nice payoff.

Not 100% sure about that stuff though.

This is what I mean:
http://www.copyright.gov/register/sound.html

[jaythemilky]

I agree with nick, go to the police. this has happened to me too many times. My approach is simple. I tell them that their check bounced (as if they didn't know) and then I tell them, politely ofcoarse, that they have 24 hrs to give me cash or i go to the police. Luckilly i have never had to go to the Law..yet......
i think the important thing is not to negotiate terms with them, cause they will say anything

[moogrocker]

Thanks for the help guys, my spirits are much lifted.

I gave them the police line today, well I gave their voicemail the police line....hopefully this will take care of it.

Thanks again!

John

[chriss]

Let us know happens, You can take them to small claims court and they will have to pay all legal fees.

[New Orleans Steve]

Well all of the Check writing laws are going to vary from state to state. Here in Louisiana it's a BIG deal. And the law is on your side IF you take a bad check AND it is deemed legitimate. Who signed the check? Is it the same person who delivered the check and took the masters? These are critical factors. There is always the chance they will claim the check is forged, stolen or unauthorized. Is it a personal check or a business check?
My first concern would be that there is a small ?innocent? problem here. If invoices are that precious, be careful about fast legal action. If there is a ?legit? reason you may be burning a potential client. As far as, copyright, again you don?t want to get a reputation as some fast, underhanded operator. Besides in Louisiana, I think you would have a legal ?Lien? on said masters just like the guy that cuts the grass or cleans your carpets. Which could be worthless, if they decide they don?t like them OR they don?t like you because you got the cops and lawyers involved. Or for any other reason, legit or otherwise.
This is one of the underpinning reasons to get it in writing. This is especially true with musicians that all speak the same language and it?s the same one you speak! A band is a multi headed monster, almost always they each have a different idea to begin with. Add to this managers, record labels, language barriers ETC?.
In short, I wouldn?t be a Morty on this one. Let them know there?s a problem and find out what they are going to do to get the money rolling. All the legal recourse in the world is not as good as getting paid!

Steve

www.frenchmenstreetrecords.com

[chriss]

I forgot another thing you can do. You can call the issuing bank for funds verification (before you try and cash it) So in the future before you give the master tapes go in the office and call the bank. DO NOT GIVE THE TAPES WITH OUT DOING THIS. I do it all the time. It has saved my butt several times!

[asylumdigital]

this has happened to me once-never again...
I take cash, CERTIFIED CHECKS & credit cards. It is very easy to write anything on a little piece of paper. Returned checks can very hard on small businesses.