Legal Question in Business Law in New York

Gallery refuses to pay artists

A gallery that had my art work owes me $4100.00 for work sold. They went out of business and refuse to pay 8 artists - I am one. they have money in their acct. according to the manager. the owner also owns many other business and is not bankrupt but I don't know if he was Incorporated or not. He has another gallery downtown. How do I collect money owed once I win in small claims? what are my chances to collect? How and where do I go to find out info about his businesses so I can sue the right person? can I sue his other gallery? thanks in advance


Asked on 10/24/07, 12:11 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Gallery refuses to pay artists

You and your seven co-artists can probably sue this gallery owner personally in small claims. You don't need (or want to pay) a lawyer for a small claims action. Assuming you win, you'll have a money judgment from a court of competent jurisdiction and you can use that to attach ... bank accounts, real estate, car, any titled asset like that. Attachments can lead to clouds on titles and/or garnishments, which will get you paid -- possibly with post-judgment interest.

If the owner owes all of you an aggregate of more than $15K, you can band together and sue him in NY's court of general jurisdiction (the Supreme Court) for the total amount owed, rather than going after him in small claims if all of you want to do that. It's an option to consider. Supreme court cases tend to get taken more seriously by defendants than do small claims actions.

Good luck!

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 10/26/07, 9:38 am


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