I hired a writer to take adaptation to my novel. We agreed he would collaborate with me as he writes each page.He has delivered only the treatment of the story (10/2011) Since he started, he has given me a few pages of script and nothing else in months; not even a reply to my emails, phone calls or letters. I'm getting fed up with his lack & lies and I want to go with another writer.We signed a DEAL MEMORANDUM; which notes;COMPENSATION: writer shall perform the services described herein for payment, at the time of delivery of treatment.PERFOMANCE: author employs writer to write treatment for the screenplay. If he delivered the treatment and not the screenplay, can I take him to ((small claims)) court IF he doesn't give me my ($800) money back? And if so, what forms shall I use?
If the writer has not honored his obligations, you should write the writer a letter by certified mail to set out the facts, and to request that he either honor his obligations and provide a schedule for the date that he will complete his performance, or otherwise refund your money. If the writer ignores you or responds unacceptably, you can use the letter as evidence in a small claims court suit to recover your money. A Texas small claims court has jurisdiction for claims up to $10,000.
The small claims court can give you the statement of claim form for you to fill out, and can walk you through the process, including how to arrange for service of the suit on the writer.
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