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In 2005 I commissioned two sketchbooks from Marisa Rinaldo / Silverfoxx420 and have yet to receive a copy of a single sketch. We worked out the details over a week in March 2005 for them to be completed before Fall of that year. For whatever reason, she decided to not work on the sketchbooks at all and did not have them finished by the due date. Due to personal reasons, I was willing to wait and wrongfully didn't set a new deadline.
I wasn't active online from 2007-2009 for the most part, and only touched base with her a handful of times between 2007 and October 2009. When I messaged her in October, it was implied that she still hadn't worked on the sketchbooks and that she wasn't intending to ever do so. We agreed that she would send the five sketches she had and I would evaluate what they were worth out of the $600. She never sent them.
In March of 2010 I contacted her on facebook and she said that she would have work scanned soon. She scanned two sketches in May & said in June that she intended to do 10 total, but didn't scan any of them. The one image she did post is no longer online.

I paid to her father's paypal & I no longer have the same paypal address that I paid with so I don't know of anyway for me to try to get my money refunded that way.
I know I did a lot of stupid things in this commission process, but in my vague defense I was under 18 and she was already in her 20's when the initial transaction occurred.


Caps explain our interactions far better than my poor explanation: 
Our initial DA note interactions confirming the price, content, and payment of the two sketchbooks. (March 2005)
My email to her inquiring about the sketchbooks. (Oct 2009)
Our emails discussing that she didn't do the sketchbooks and wanted to do single images instead of complete them, her request for me to add her on facebook. (November 2009 - Feb 2010)
Our messages on Facebook where she says she would post more images within weeks (March - May 2010)
Her post to my wall saying she has 3 more sketches completed, but doesn't post them (June 2010)
My post to her wall inquiring about the art she mentioned in June. (November 2010)
My message to her that I want a refund (December 2010)


She actively uploaded lots of other artwork to both her Facebook and Deviantart long after she took on these commissions. She currently  posts on facebook constantly. I feel like I've been extremely understanding and have been taken advantage of. Am I being unfair for wanting a complete refund? How can I go about getting one?

What can I do in this situation?

Edit:// Found out she's also active on Furaffinity as GhettoImmortal and has taken and posted new commissions less than six months ago and is currently open for commissions.
Caps of her
recent commission requests and posted new commissions.
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
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Comments

( 13 comments — Leave a comment )
baronyiffington
Dec. 12th, 2010 08:07 pm (UTC)
Wait a bit to see if she responds to the refund request. If she says no or doesn't answer after a few times, small claims court. 600$ is a lot in times like this.
connorgoodwolf
Dec. 12th, 2010 11:14 pm (UTC)
Small claims may not be possible... statute of limitations which depends on the state where the transaction occurred.
kamakru
Dec. 12th, 2010 08:55 pm (UTC)
Agreeing with baronyiffington here- $600 is a lot of money to lose on something that should have been a professional transaction.
I also say to wait a couple weeks for a response. If no response is given, just let her know you're going to take action and bring it to small claims court.
You are in no way being unfair in wanting a complete refund. If you don't physically have any art in your hand 5 years after she acquired your money, she's failed to keep her end of the transaction.
sigilgoat
Dec. 12th, 2010 09:09 pm (UTC)
yowch, 5 years is a LONG time.

The lack of updates is pretty disconcerting, I agree with the other comments here about what you should do next.
obsidianwolfess
Dec. 12th, 2010 09:09 pm (UTC)
She really needs to give you a refund.

If she's saying she finished the sketches, but never showed you them.. Honestly, she may as well say that she's done nothing. How can you believe her?? Call me a skeptic, but that sounds like a lie to buy herself more time and not have to refund you.
celestinaketzia
Dec. 12th, 2010 09:45 pm (UTC)
I echo taking her to small claims while you still can.
seethecee
Dec. 12th, 2010 11:25 pm (UTC)
Before you do anything crazy try to talk to messa, around the time you did the commissions she got super into drugs and screwed up everything pretty bad and has just lately gotten her life back together and been moving around alot.
I know me talking for her doesnt do anything but I love messa she is a great friend and would not do something like this with out a good reason, try talking to her first.

I myself will talk to her about this see what she says.
iluvhistory
Dec. 13th, 2010 06:34 pm (UTC)
I don't know if you saw the caps but I have been trying to talk to her ever since October of last year. Would you please recommend a way for me to get a productive response from her?

I feel like I've been trying to resolve this for over a year now and nothing has come from it so I don't know what to say to her. Believe me, I like her as well and I do not think poorly of her as a person at all. I just am not willing to wait any longer for the two sketchbooks any longer and I would like my money back.

Thank you for your help. I would love for this to be resolved in the most positive manner possible. The only reason I posted to here is because I can't figure out what I need to say to actually get my money back since it's become clear that I will never get the sketchbooks.
sovy
Dec. 13th, 2010 02:21 am (UTC)
"What can I do in this situation?"

Write the $600 off as a loss. You can pursue her in small claims or keep talking to her to get your money and artwork back. But there is a likely chance that money is good as gone if she has taken over five years and you haven't felt a single page of artwork in your hands from her.
hunter_san
Dec. 15th, 2010 10:02 am (UTC)
As the others have suggested, wait a week or two and see. I request a refund of your money. It's been 6 years and she's obviously not going to deliver any time soon.


(Also, I don't see any rule about it and I don't want to cause drama, but I think it's worth mentioning that some of her images from around 2004 are traces. I'm sure she's improved and no-longer needs the crux now, but I thought as a commissioner you may like to know since it's from around when you originally commissioned)
iluvhistory
Dec. 15th, 2010 10:17 am (UTC)
Thank you for letting me know about the tracing issue, that would have definitely made a difference had I know it when I commissioned her.
murdercrow
Dec. 17th, 2010 06:33 pm (UTC)
I actually know Marisa, she drew a badge for me at AC last year. I'll see about getting in touch with her about this.
meesabeast
Apr. 26th, 2011 06:41 am (UTC)
Reposting comment here from update thread
Of course it doesn't matter out of the dozens of commissions Ive done, this is the only one I never did? I obviously was young and had no idea about the dangers and stress of taking such a large workload. I never would have done it if I had the experience I do now.

Since deciding to pursue my art again full time. I'm updating, and also constantly and avidly working off that said commission. Zomg? Check the galleries. Who knew after so long product could appear? People can be so unpredictable.

I think it's time for an entry edit? Or court paperwork since your taking me there? Or perhaps a response the many messages I have sent since this interaction? (I responded out of anger after finally being threatened with legal nonsense after years of silence, so I had the whole bringit attitude, my stupidity)

Btw after my father's & I checked his paypal records (it was his account used for that transaction). Whether it was sent incorrectly or not, 600$ wasn't the total received.

Also, for the record, I don't trace my work. People on this thread and many others have watched me work from scratch and could vouche for this. Sometimes I reference something, but if I heavily reference, I give credit. Thanks :)
( 13 comments — Leave a comment )

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