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I posted earlier with my ongoing issues with trying to get a refund or commission for  $600 from SilverFoxx420/GhettoImmortal. After sending her a message regarding her recent commission work and a possible payment plan, I waited two weeks before sending her a final resolution request. She was informed of my intention to take the commission issue to court if she would not provide a resolution plan. She responded saying that I should take her to court.


It was at this time she uploaded the only physical work I've seen her complete for this commission in the entire five and a half years it was in progress. She also was able to respond to my message in one evening, but was unable to do so prior for the past two weeks or ever before.
It's entirely unfortunate that this commission has gone this way, but there appears to be no other way to regain losses.
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Comments

( 49 comments — Leave a comment )
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stormslegacy
Dec. 30th, 2010 06:48 pm (UTC)
I think given the scope of the commission in questions (2 large sketchbooks) the op would get all of it back because I'm pretty sure that late work counts for nothing in most states--even without a contract deadline most states specify a time period between 6 months and a year in which work must be done. 5 years is too long.
(no subject) - kadaria - Dec. 30th, 2010 08:42 pm (UTC) - Expand
(no subject) - stormslegacy - Dec. 30th, 2010 08:53 pm (UTC) - Expand
(no subject) - kc_shy - Jan. 8th, 2011 02:38 am (UTC) - Expand
(Deleted comment)
(no subject) - stormrunner1981 - Dec. 30th, 2010 09:50 pm (UTC) - Expand
stormslegacy
Dec. 30th, 2010 06:44 pm (UTC)
That's a real shame. I can't believe she spurned even an offer of a payment plan, you've been nothing but super-reasonable. =(

Good luck. Hopefully the limitations isn't greater than five years in your state, some are =/ If you do win, she's going to find that she not only owes you the money but also fees as well. Keep us updated.
iluvhistory
Dec. 30th, 2010 06:48 pm (UTC)
In my state the limitation timing only starts after the final agreed completion date of a project. As our final agreement was this year, it is a non-issue.

I was very surprised that she refused a $30/mo payment plan given that she spends half that amount a month on WoW. Different people have different priorities I guess.

Thanks for the good luck wishes.
(no subject) - ashleyvsdestiny - Dec. 30th, 2010 07:11 pm (UTC) - Expand
(Deleted comment)
iluvhistory
Dec. 30th, 2010 06:48 pm (UTC)
Oh jeez! I intended to do that before my initial post, removing it now. Thanks so much for spotting that.
(Deleted comment)
(no subject) - celarania - Dec. 30th, 2010 07:31 pm (UTC) - Expand
(no subject) - iluvhistory - Dec. 30th, 2010 07:39 pm (UTC) - Expand
(no subject) - sekhmet - Dec. 31st, 2010 03:32 pm (UTC) - Expand
(no subject) - iluvhistory - Dec. 31st, 2010 03:46 pm (UTC) - Expand
martes
Dec. 30th, 2010 06:45 pm (UTC)
I'll be very interested to see how this is resolved, because, as far as I know, nobody has ever taken a non-producing artist to court.
duster
Dec. 30th, 2010 06:49 pm (UTC)
Wait, so you ask for a refund and give a payment plan if she can't do it in one fell swoop... but instead of trying to work something else out she tells you to sue her?

What. Just... what. My brain boggles.
mandyseley
Dec. 30th, 2010 07:01 pm (UTC)
She's probably bluffing under the not-entirely-unreasonable assumption that no one actually goes through the trouble of suing artists. Lots of people threaten it, very few actually do it.
(no subject) - duster - Dec. 30th, 2010 09:17 pm (UTC) - Expand
(no subject) - tornaderman - Dec. 30th, 2010 07:10 pm (UTC) - Expand
ariakitty
Dec. 30th, 2010 07:17 pm (UTC)
I am really surprised she turned down your payment-plan. I would prefer a payment plan over being sued!

I really hope this works out and you get your money back, and she gets her life in order. It's a shame she's so flighty, her art is really cute.
lilenth
Dec. 30th, 2010 07:40 pm (UTC)

Good luck with it.

Though I could be totally wrong about this and this is only speculation currently; am I the only one who thinks there's something odd about her work? Perhaps it's just her style but that kind of uncertain body, slightly unfitting anthro parts is often associated with someone who is tracing or heavily copying an existing photo/image and slapping extra bits on it to make it into someone's character.
iluvhistory
Dec. 30th, 2010 07:46 pm (UTC)
Someone on my last post pointed out three images from her DA gallery that were traced, but they have not sent me the originals yet so I do not know for sure.

Two of the images were already removed, this one is the only picture still posted.
(no subject) - lilenth - Dec. 30th, 2010 08:08 pm (UTC) - Expand
shukivengeance
Dec. 30th, 2010 07:42 pm (UTC)
Best of luck with this. Keep us updated with how this goes. I get the whole 'sue me anyway, I don't have anything' is an assumption that you're bluffing.
xcourtkneex
Dec. 30th, 2010 07:50 pm (UTC)
Wowwwww...Honestly, how much more difficult would it be to just finish what she started? I've been burned out and completely unwilling to draw before, but jeez. I finish my commissions. Especially if they're of that size and scope. How can she even live with herself? >_>

Good luck with this. I'm dying to find out how it turns out.
dripbat
Dec. 30th, 2010 07:59 pm (UTC)
:o With a big amount like that and a 5 year deadline? I'd be all over that! I'm so sorry it didn't work out for you though and I hope that if you do get her into court that something can be done. Its disgusting that people just think it will just go away. I'd be glad to see someone show it doesn't just disappear.
shinmaxwell
Dec. 30th, 2010 08:11 pm (UTC)
wow...I sincerely hope things work out for you in some way! Good luck!
kadaria
Dec. 30th, 2010 08:32 pm (UTC)
I'm still floored by "Well I don't do art anymore so I can't do the work and I don't have any money so I can't refund you".
cesarin
Dec. 30th, 2010 09:34 pm (UTC)
I agree, its ridicoulous how she goes "lol all your options are gone.. you're FUCKED!"
and thinking she can just flail like nothing happened and not her fault D:
spiffystuff
Dec. 30th, 2010 09:21 pm (UTC)
Yuck! What an irresponsible person. "Hi you gave me $600 but I don't want to do anything INCONVENIENT to pay you back".
Unfortunately I don't know much about what happens if you win small claims, how hard they can pressure someone to pay you back. I do think it's possible she thinks you are bluffing and using it as an excuse not to deal with you anymore. "My armchair lawyer says not to talk to you". I hope you are going to pursue the matter, as it's not a good idea to use the s-word* without being willing to follow up.

* "sue"
dinogrrl
Dec. 30th, 2010 10:54 pm (UTC)
Wow. I mean, yeah, I'd probably call someone's bluff too if they told me they were going to sue me, but at least I wouldn't do it to their face :p. That's just a dumb move. Certainly won't win anybody over, that's for sure.

Which brings up the point that threats mean nothing if you're not actually going to go through with them.

I really hope you can get some sort of agreeable (for you) resolution from this.
bailzzararco
Dec. 30th, 2010 11:01 pm (UTC)
It's so disappointing to see how often this happens. I was taught that you don't buy what you can't pay for and you don't accept money for what you can't deliver. This must be a very complicated concept in reality.
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