when they don't pay you...

Thomas Burns · January 26, 2005

I recently worked as a camera assistant on a low-budget feature. The production was divided into 3 five-day shooting periods. We were paid in cash for our time and overtime at the end of each period. At the end of the third work period (picture wrap), the producer said they're waiting on more money and would have to wait on paying us. That was two weeks ago. THey keep telling me to wait a few more days. I signed a deal memo and have a record of all my in/out times. I'm concerned that they are planning not to pay the crew at all for the last week worked.

Any suggestions on how to go about getting my money? Outside the industry I would file a compaint with the Better Business Bureau and consider litigation. I'd like to avoid litigation if possible (that would get nasty), but I'm prepared to do what it takes to get what I'm owed.

Any thoughts?

Don Davis

AC, Los Angeles

January 27, 2005

If you're in Los Angeles what's wrong with the People's Court or Judge Judy?

Both forums are perfect for cases involving the film "industry" :D

Frank

Edited January 27, 2005 by Frank Gossimier

Brad Grimmett · January 27, 2005

If you know where the production office is you could go there and tell them you want your money and you're not leaving until you get it. I've heard of this working in the past with people I know. The idea is that they just want you out of their hair and will just pay you to get you off their backs. It's a pain for you, but it's a good last ditch effort.

Small claims court could be a possibility as well. If you file a claim they may just pay you right away knowing that they'll lose in court.

In general being a pest to the offending party seems to work. Call them every day and ask about the money. Hopefully they'll get really annoyed and pay.

Use these methods in any order you see fit. Good luck.

J. Lamar King IMPOSTOR · January 27, 2005

If you're an AC on a future digital shoot and you fear this happening, you could perloin a tape. I'm not telling you to do that but I've heard of producers paying out the camera crew at wrap and the crew suddenly hands them a few tapes they didn't even realize were missing. lol

Rob Belics · January 27, 2005

2 out of 3 ain't bad, eh? They may have just run out of money and I don't know what you could do about it. I was involved in this once where I was the payor and ran into a bill for $5K I wasn't expecting. I had to tell one group of people I was going to be late paying them by about a month because of that. I actually wound up paying them 2 weeks later but, hey, I'm just that kinda guy. :rolleyes:

Since they paid for two of the weeks you'd almost have hope they'll come through.

Patrick Neary · January 27, 2005

If you're an AC on a future digital shoot and you fear this happening, you could perloin a tape. I'm not telling you to do that but I've heard of producers paying out the camera crew at wrap and the crew suddenly hands them a few tapes they didn't even realize were missing. lol

<{POST_SNAPBACK}>

If the producers are legit, this is also a great way to never get hired again!

Don- have you talked to the DP or any of the other crew about this? Has anyone been paid? Maybe there's some strength in numbers....

Phil Rhodes · January 27, 2005

Hi,

What you do, is, you get three of your biggest, ugliest friends, a pair of pliers and a blow torch, and...

Phil

Rob Belics · January 27, 2005

Nah, Phil. You don't need the pliers.

January 28, 2005

Phil,

This is America! Things are not done that way in America!

I think you've watched "The Limey" once too often :D

Now that guy would scare you into paying!!

Frank

Rik Andino · January 28, 2005

This poop happens all the time in indie films

It's happened to me a few times :angry:

I was scammed outta 2K on a feature I did

Which was produced by nonother than the Oscar winning Angelina Joelie :o

(well she changed her role a few months later to supporter or something

But she is still credited as producer on IMDB)

Anyways it happens sometimes and you deal with it and move on.

You can try litigation but many times your contracts stipulate

That you're not allowed to sue and can only go through arbitration

Which usually mean your poop outta luck,

unless you wanna spend more than you'll be recieving.

The best advice is to be aware of shady producers

And if it sounds like a bad deal don't do it.

Anyways good luck trying to get your money

Ellen D. McCarn · January 28, 2005

In the state of California, you can go to the State Labor board and file a complaint. It takes a while though (I'm going through this right now). You fill out a form, and a month or two later, you get a court deputy, and he/she supoenas everyone necessary, and you go to a mediation. Also, according to state law, every day they do not pay you, the company owes you your day rate. More often than not (from talking to people who have gone through this as well), a simple threat of going to the labor board will have a check in your hands quickly. Something like, "If I don't have a check/cash/whatever from your company in my posession by whatever date, I will be forced to file a claim with the labor board." Here's a website with all the info, just in case you have to take it further:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Good luck!

Dan Salzmann · January 31, 2005

In these unfortunate situations I've gone to the production office with the grips and mostly let them do the talking and it seems to get sorted out. Grips seem to have this knack for being convincing in this situation.

Nate Yolles · January 31, 2005

In these unfortunate situations I've gone to the production office with the grips and mostly let them do the talking and it seems to get sorted out. Grips seem to have this knack for being convincing in this situation.

<{POST_SNAPBACK}>

Yes, it can be nice to let someone else do the talking for the crew just to stay out of the drama. But I've been on both sides. I've been the one got fired for standing up for the entire crew and their rights.

This past Friday I was filling in for a friend as a loader. At the end of the day after filling out the inventory forms etc., I walked out of my station and the producers were gone. I was standing there with my invoice in my right hand and the entire day's exposed stock in my left and nobody to pay me. Ohhhh, I was so temped to get into my car with the entire day's work and if I wasn't filling in for a friend I probably would have done it.