Legal Advice | Debt Collection


In order to address the recurrent issue of galleries, other organisations and private individuals not paying artists for work sold or delaying payments to artists; Visual Artists Ireland  has tried to negotiate  a solution that minimises costly legal proceedings.

We are have spoken to  a number of debt collection agencies. For a fee (usually a percentage of the monies owed) they will take on responsibility for recovering the debt and will initiate legal proceedings and incur costs of same if necessary.

Visual Artists Ireland  can now announce that we have partnered with a leading solicitor and debt collection agency as a referral service for artists. 

The firm specialises in debt recovery. Initially, they will issue a formal letter of demand to the debtor following which they will proceed to issue and serve proceedings if required. During the course of the proceedings they will also contact the debtor in an attempt to resolve the matter and have the debt paid.

The Terms of Debt Recovery Services are as follows:

1: Letter Before Action – 18 Euro +VAT +55c
A letter is sent to the debtor informing him/her that he/she has 7 days to respond.
If there is no response proceedings are issued.

2.: Issue Proceedings – Various Costs.
Artists will be advised of the options available to them and the associated fees.
Special commission rates apply to members of Visual Artists Ireland when a file is open and when monies are recovered.

For further info contact:
Niamh Looney
E: niamh@visualartists.ie
T:  01 – 6729488

 

Avoiding Disputes:
While it is impossible to avoid all prospect of becoming involved in a dispute over payment, it is possible to minimise the chances of a dispute occurring. It is also possible, with proper handling, to prevent a disagreement from escalating into something more serious, and to contain the damage resulting from a dispute. For more read our article by solicitor Linda Scales on Handling Disputes  – http://visualartists.ie/resources/infopool-2/legaltechnical-guides/handling-disputes/

Contracts:
In their professional lives, artists enter into many contracts: they sell their works; they are commissioned to produce works; they exhibit in galleries; they give permission to reproduce their works for various purposes. All of these activities involve entering into contracts. In fact, virtually all professional dealings of the artist will involve the question of contract. And when something goes wrong in those dealings, and the artist seeks advice, the first issue that must be addressed is; “Was there a valid contract?” . It is of utmost important that artists use contracts for all aspect of their professional engagements. It may seem overly formal or a hassle but when things go wrong a written contract will carry a lot of weight should you enter into legal proceedings. For more info and sample contracts you can use see: http://visualartists.ie/resources/infopool-2/legaltechnical-guides/contracts/