Posted: 25. november 2009. a. 14:36 GMT | Post #190220 +0-0 |
Helena Grahn TC Master
Member Mother tongues: portugali, inglisePosts: 21Joined: 26. veebruar 2009. a. Location: United Kingdom |
Has anybody here ever taken a client to the small claims court?
and if so... what was the outcome?
I was approached by a translation company and they asked me to do a translation for them. We agreed on a price and I met their deadline. A cpl of days later, they said they would not pay me as their revisor thought the translation was not up to their standards. They sent me the revision back and I took the time to agree and disagree with everything they changed. Many things were just rephrased and did not show anything wrong with my translation, it was just another way of saying it. It is not a lot what i want to sue them for but it is more a matter of principles. I approached them and suggested we cut the fee in the middle so it was fair for both parties but they refused to do so. Obs: I have a MA in Translating & Interpreting with the languages involved as majors and can provide the Court with good references as well.
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Posted: 25. november 2009. a. 15:39 GMT | Post #190224—in reply to #190220 +0-0 |
J. K.
Mother tongue: poola Joined: 18. veebruar 2003. a. Location: Poland (removed) |
RE: Has anybody here ever taken a client to the small claims court?
Hi, Helena,
You may want to ask this poster privately:
Originally written by Chris Durban on March 21, 2009 4:32 PM in Post #172041
I am right now in the midst of testing the UK small claims court system as described by ITI in its contribution to this project. This British option is entirely online (https://www.moneyclaim.gov.uk). (Note that you must have a postal address in the UK, but someone can do this for you; I am based in Paris, but the ITI is acting as my UK address, for example).
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Otherwise, we also had this Post #131969:
Originally written by Elizabeth Lyons on November 10, 2007 9:18 PM
I have only been to small claims court once, I won, it took me less than two hours there and maybe a few hours of paperwork. I was able to recover the money (not for translating) which was several thousand dollars and fees on top. It was well worth it.
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Posted: 25. november 2009. a. 15:56 GMT | Post #190225—in reply to #190220 +0-0 |
Helena Grahn TC Master
Member Mother tongues: portugali, inglisePosts: 21Joined: 26. veebruar 2009. a. Location: United Kingdom |
RE: Has anybody here ever taken a client to the small claims court?
Thx, Jacek
I have already been in contact with the Small Claims Crt
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Posted: 26. november 2009. a. 13:09 GMT | Post #190281—in reply to #190225 +0-0 |
John Bunch
Expert        Mother tongue: inglisePosts: 537932 Joined: 1. veebruar 2008. a. Location: Germany |
RE: Has anybody here ever taken a client to the small claims court?
My first question to you is: do you have a written contract with your client ? If not, they can just say that they thought this was the way it works. I have Terms of Service and my terms state everything that I expect from a client. If you want to take a look at them, just go to my website, which is: www.bunchtranslation.com, and look at the Terms of Service page. I got them from my translation mentor when I first started, so feel free to use them for yourself. They reflect also the current American legal understanding, and what experienced translators put into their terms.
For instance, my terms state something like "If the client is unhappy with the translation, the translator must be given the opportunity to make changes, before the price and conditions are changed".
My current avenue of "attack" for dealing with recalcitrant and non-paying agencies is to use copyright law. Every translation I write is copyright protected until I get paid (my terms also state that). So if anyone uses my translation without me being paid in full, they are in copyright violation. I actually e-mailed a company in Eastern Germany yesterday about this. IF they then use it, they are in copyright violation, which is potentially a criminal matter (knowingly using copyrighted materials is against the law).
Re small claims court, I have never tried that avenue. It sometimes can take up to 8 months here in the U.S., but it might work. If you sue for copyright though, it would be a federal issue, so that venue would not work.
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Posted: 26. november 2009. a. 14:02 GMT | Post #190285—in reply to #190220 +0-0 |
Helena Grahn TC Master
Member Mother tongues: portugali, inglisePosts: 21Joined: 26. veebruar 2009. a. Location: United Kingdom |
RE: Has anybody here ever taken a client to the small claims court?
Hi John
and thank you very much for your answer.
I know for a fact that here in the UK even though there is no signed contract, or even no written document, a simple verbal agreement is already a commitment. In my case, I do not have a contract but I have more than a verbal agreement, ie, several emails between me and the client talking about the fee to be charged. When I think about it, I remember having to insist many times for the lady to confirm the fee I was charging. She sent me more than one email confirming the fee but without especifying the currency. I wrote back and asked her more than once to put the currency as well. I thought it was strange that I had to write back and insisted upon it so many times. Eventually, I even gave it up and said that it was stupid as she did not seem to be able to read my emails correctly and just kept on making the same mistake. Because of that, I would not be prepared to help and suggested she would look for somebody else. It was then she wrote back with the amount and currency correctly specified as I requested.
I have already used the Small Claims Crt before for other matters, ie, nothing to do with translations or services given. They used to be very slow in setting dates for the hearing but they have improved enormously recently and I've heard that depending on the case, you could even be called for the hearing in less than one month.
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