Hello All:
Last month (May 21st, to be exact), I played a cocktail hour with a keyboardist friend of mine. I played the straight cocktail hour, he did the same and the ceremony besides.  Though there was no hassle at all at the gig and lots of compliments (including a note from the bride's mom, whom I know via other work connections), we have not been paid for the gig.  This, BTW, was the first time in years that I was not paid for my services at the gig itself.  Originally, I was told by the man who hired us (Randy) that the checks would go out early the following week.  After many calls and texts, I finally got back one text last week (on June 9th) that indicated that Randy misunderstood Walter (the owner of the business), and the owner was late getting out the checks. Randy also claimed his phone was broken (despite the fact that I left messages on both his home and cell phone).  There, of course, has still not been any sign of the checks and Randy is not answering or replying in any way to my calls/texts.
 
Today, in addition to calling/texting Randy, I called Walter.  While he was pleasant, he indicated that he had cut checks for us and given them to Randy last week, though he could not remember what day it was that this had occurred.  I texted Randy again with this info, but there has no reply thus far.
 
I know that, overall, I have been blessed in that no one else has attempted to cheat me of cash for a gig since about 1978.  As such, however, I am perhaps a bit "out of the loop" regarding how to recoup my cash from these individuals.  Off the top, I'm thinking small claims court.  Any Ideas?  Help with this situation would be appreciated....

You know the brides mom. There is no more powerful force on the planet.

So you'd get her involved? I've kind of been hesitant to mention it to her.

Small claims court may be your only option unless you have a cousin named Mario who might be able to persuade them that kneecap surgery is way more expensive and painful, than paying you.  Of course then you'll probably owe Mario a substantial cut of the money. But at least you get paid.
 
Yeah, we had a club do that to us. Fired us claiming they were going out of business. Paid us one night of a 3 night gig. We only played one night but the contract was for 3 nights. They hired another band for Friday and Saturday night and we found out. Took them to court and won. They came back with an offer to settle for 50% or they would appeal it. We took the 50% deal and went on with life.

So you'd get her involved?  I've been kind of hesitant about that, you know.

Unfortunately, Mario's out of the country on, er, um, "business" for several years (and that only if he manages to behave well).  His little brother may be available, however.

 Stay on it and keep checking everyday. They know you are very late getting payment. Don't let it go!

bayoubill
 Stay on it and keep checking everyday. They know you are very late getting payment. Don't let it go!

 
Yes, that's what I'm doing, but it doesn't take much to ignore calls and texts, eh?

It sounds like you are getting the runaround, but you need to clarify if there were in fact checks written. Were there two checks written by Walter or one? Did Walter write the check in your name, in your fellow performer's name or one to each, or to Randy? If the check was written in your name, then Randy gains nothing by holding it, unless he is prepared to forge your endorsement. If it was written to Randy in the expectation that he would pay you, then Walter will be able to verify that it has been cashed, and provide you with a copy. What does it say in your written contract about who will pay you and when? Either Walter or Randy presumably have something to lose if you report them to the wedding party as deadbeats. My next communication would be a written letter telling whoever is responsible for payment that is what you plan to do in if payment is not forthcoming, including the facts you have and an itemized list of your charges cced to everyone involved. If that fails, send a bill payable by the bride or her mother and wait for her call. Then explain the situation to the ultimate purchaser and see if she will make this good or at least clarify her understanding of how you were to be paid. Small claims court is an option, but you need to know who is responsible to pay you before you can sue them. If you are a union member, then maybe your local can put some pressure on the venue owner. Unfortunately, there is no way to put a mechanic's lien on your performance. 

slartabartfast
It sounds like you are getting the runaround, but you need to clarify if there were in fact checks written. Were there two checks written by Walter or one? Did Walter write the check in your name, in your fellow performer's name or one to each, or to Randy? If the check was written in your name, then Randy gains nothing by holding it, unless he is prepared to forge your endorsement. If it was written to Randy in the expectation that he would pay you, then Walter will be able to verify that it has been cashed, and provide you with a copy. What does it say in your written contract about who will pay you and when? Either Walter or Randy presumably have something to lose if you report them to the wedding party as deadbeats. My next communication would be a written letter telling whoever is responsible for payment that is what you plan to do in if payment is not forthcoming, including the facts you have and an itemized list of your charges cced to everyone involved. If that fails, send a bill payable by the bride or her mother and wait for her call. Then explain the situation to the ultimate purchaser and see if she will make this good or at least clarify her understanding of how you were to be paid. Small claims court is an option, but you need to know who is responsible to pay you before you can sue them. If you are a union member, then maybe your local can put some pressure on the venue owner. Unfortunately, there is no way to put a mechanic's lien on your performance. 

Well, there was no contract for this gig as it came only three days prior to the date.  There was an invoice sent after the gig.  The invoice was sent to the business, cc'ed to Randy.  I'm assuming that we will sue the business.  If my understanding is correct (for NJ law; and I may be in error) suing the business guarantees that the business has to secure a lawyer for defense.  I'm hoping that the costs involved will be prohibitive to Walter and/or  Randy, that will be the end of it, and we'll be paid.  And, yes, we each were to be cut a check individually, not collectively as in a "regular" band situation.  Am I not correct to assume that the business is responsible for payment in this situation?  We did work for them (it).
 
You make many good suggestions as per the way to proceed.  On Monday, I will contact the bride's mom and attempt to talk to her.