"Paid in Full" Attempted Reply

[hrmph]

As many of us, contact started after blog post and unwitting use of photo.  Immediately in April 2013, photo removed and attempt to negotiate.  Even requested payment plan.  No use.  Payment demanded by May 2013.

Letter to Getty 5/23/2013: 
To Whom It May Concern:
In settlement for accused theft of images, find offending image removed (actually, website is defunct) and enclosed payment.  Despite claims by your company and a bill for nearly $1000, I am unable to produce such a bill by applying for image use through the GettyImages website.  The greatest charge I can generate is $260.

Enclosed, find check for $300, endorsement of which constitutes a complete settlement of your claim.

Continued to receive letters from McCormack.  Notified them:
Your client, Getty Images, has already been paid in full for this claim according to RCW 62A.3-311.  Attached, find

    Proof of disputed amount
    Copy of letter and check #438 dated 5/23/13
    Copy of signature confirmation of receipt of package
    The back of check #438 indicating it was cashed by Getty Images, Inc.

Thank-you for promptly closing this claim.


Reply included the oft-stated remark that I should see a lawyer who "better understands" legal issues.

QUESTION:  In the reply from McCormack--Thank you for your email and explanation.  Under RCW 62A.3-311, this claim is not discharged for the following reasons: Getty Images issued a refund within a reasonable amount of time. A refund check (#574488) in the amount of $300.00 was mailed to you on July 1, 2013, as of today it remains uncashed.   You will also need to prove the instrument tendered was in full satisfaction of the claim. Your offer of $300.00 was rejected.  You sent your payment to a lockbox so Getty Images was unable to respond to your letter. 


What to do next?  I didn't receive the check and what does a lockbox have to do with it?  I thought I had satisfied requirements for a "paid in full" claim and remain unconvinced that I didn't.  http://apps.leg.wa.gov/rcw/default.aspx?cite=62A.3-311

Thanks in advance!
HRMPH!

It was, admittedly, a stab in the dark....They are still demanding nearly $2000 but "for a limited time," a bit less.  FYI, did attempt to contact artist directly with no reply.

advice, guidance?

[stinger]

I am NOT a lawyer.  That said, if I were in your shoes I would ignore any contact from them.

My reasoning is simple.  If you did not receive the refund check, I would suspect that no such check was ever issued.  I don't believe half of what McCormack's people say.  BTW, the other half is also highly suspect.

I certainly doubt that they would ever come after you given your good faith effort to settle.

In addition, I don't believe Getty ever allows McCormack or anyone in his firm into a court of law on Getty's behalf.  They appear to work like a collections agency, masquerading as a law firm to instill fear in their targets, and paid strictly on commissions.  They would not like the fact that you paid Getty directly, cutting them out.

Perhaps some of the attorneys who monitor this site can comment.

[Oscar Michelen]

Sending a check unilaterally with a settlement amount that the other side did not agree to would only work under the law if they cashed the check and moved on. They have corresponded to you that they rejected the payment.  Furthermroe the amount you sent must be the amount of the claim was "unliquidated" or  not "subject to a bona fide dispute," which this was - they never agreed to $300.  So you should void the check and move on. Do not communicate with them any further. You made a fair settlement offer and they did not accept it.