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Legal Eagle

Using the law

Q: Recovering debts

I accepted four weeks work for a touring show, on a non-Equity contract. Two months after the tour ended, I have yet to receive a penny of my promised wages. What action can I take?

A: First, check your contract to ensure that payment really is overdue. Even a non-Equity contract is likely to provide for payment weekly, but it could possible provide for deferred payment without you realising it. Assuming payment is overdue, you should contact the promoter and demand an explanation.

If you cannot reach him or do not receive an explanation which satisfies you, contact your agent, assuming you have one, and get the agent to put pressure on the promoter to pay. If the agent arranged the booking for you, he should be particularly concerned to do this and, indeed, his own commission will be at stake.

Unfortunately, as it is a non-Equity contract, you are unlikely to be able to get Equity to intervene on your behalf. However, if other performers are in the same position, you could also suggest to The Stage that there may be a newsworthy story in it somewhere, if they would care to look into it.

The prospect of adverse publicity can be a big deterrent to a promoter who wishes to continue in the same line of business. If you still do not get a result, a solicitors letter to the promoter may prove effective. If all else fails, you can take the promoter to court and, if the debt is undisputed, you should be able to get a judgement within four to six weeks.

If you wish to save solicitors' costs, you can do it yourself my issuing a summons over the counter at your local County Court, which should show you how to do it. The maximum court fee for this is £80, for claims in excess of £5,000.

However, before going to court you should try to find out if the reason for non-payment is that the promoter has gone bust, in which case going to court will only throw good money after bad and you may have to write it off to experience. Next time, you should not leave it so long. Make sure that as soon as you don't get paid on due date in future, you refuse to continue performing until you receive payment.

First published 1994