[Jewelry making - Article 00710] - Re: [Orchid] Gallery is not paying

[leonid Surpin]

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    I am not a lawyer so do not act without consulting an attorney! That
    said I can offer my 2 cents. 

    1. Reread your agreement with the gallery and make sure that the
    language obligates them to pay within a specified time frame. Court
    can only enforce the agreement which exist between both parties, so
    the language is very important. It the language is vague, then you
    definitely need a lawyer to pursue your claim under different legal
    theory which may entitle you to recover you money. 

    2. If you have a solid agreement and the amount of money sufficient
    to satisfy the legal threshold, because both parties reside in
    different states, you can file your claim in Federal Court. Again,
    attorney is required to determine validity of pursuing the action in
    Federal Court. 

    3. If amount does not warrant Federal Court attention, the gallery
    may still fall under jurisdiction of California if "minimum contact
    test" can be met. You would need an attorney to determine that, but
    in a few words, if it can be established that gallery have some kind
    of a business interest in California, than you can file a case in 
your
    jurisdiction, but probably not in a Small Claims. If they are
    intentionally avoid paying you, there may be other claims which would
    make it worthwhile of the attention of the Superior Court( or
    whatever else it calls itself ). 

    4. If everything else fails, you can still file a case in the Small
    Claims. If gallery would not show up for the proceedings, you will
    win by default. You probably will not be able to collect due to the
    lack of jurisdiction of California Small Claims Court over citizen(s)
    of another state, but if they ever put themselves within geographical
    boundaries of Small Claims jurisdiction, they may become a subject to
    collection. 

    There may be other options available to you, so consult a competent
    attorney. 

    Good luck. 

    All of the above is for the illustration purpose only and should not
    considered as a legal advice of any kind. 

Leonid Surpin.

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