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The translator doesn't want to turn back the tape needed in Court
Thread poster: CPTrans
CPTrans
United States
Local time: 19:20
English to Danish
+ ...
Nov 28, 2004

Hi
We hired a translator to do a job (voice-over) from a tape, and since it is hard to hear we hired someone local.
this translator was someone a friend of mine knew and he has had about 7 years of experience, not enough of what is required to be accepted, but since he is memember of both HITA and ATA we thought he could pass.
Well it turned out to be a flug, not enough he can't do the job, but he is not willing to turn in the tape which is needed in court, so at this point it is becoming a legal matter, am I angry? Ohh yes, but more at myself for not check up on his past experience more than we did.
Anyone has an idea how to get the tape and the papers from him without this becoming a legal matter(court case)

[Subject edited by staff or moderator 2004-11-28 18:23]


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Monika Coulson  Identity Verified
Local time: 18:20
Member (2001)
English to Albanian
+ ...
Sorry to hear about this experience, Nov 28, 2004

but what is the translator's reasoning for refusing to turn back the tape? I do not think that all of the sudden, he/she decided not to turn back something that was not his/her to start with. I think it should be a reason behind it. If you still do not know it, I would suggest to ask him. When you know it, then it should be easier for you to solve this matter. It might be just lack of communication from both parties.
Good luck,

Monika

CPTrans wrote:

... but he is not willing to turn in the tape which is needed in court.(court case)


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xxxBrandis
Local time: 02:20
English to German
+ ...
that sounds terrible Nov 28, 2004

HI! Wasn´t there an agreement or a contract of some kind, that describes what is to be done and returned additionally an NDA, which you can use as legal instrument.Rgds,Brandis

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Claudia Iglesias  Identity Verified
Chile
Local time: 22:20
Member (2002)
Spanish to French
+ ...
Agree with Monika Nov 28, 2004

There must be another reason, I imagine that his dog or his tape recorder did something to the tape, I can't imagine a reasonable reason not to give it back.
Try to know what happened in order to find if something can be done to recover or repair it.

Claudia


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xxxIreneN
United States
Local time: 19:20
English to Russian
+ ...
Very strange Nov 28, 2004

Could this be the way he is trying to get paid?

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Juan Jacob  Identity Verified
Mexico
Local time: 19:20
French to Spanish
+ ...
Get an other copy. Nov 28, 2004

I see no other solution: your "translator" has failed somewhere and you are stuck but, and excuse me if I'm rather rude, it's your responsability. You should have done a copy... we must always make a copy for this and other cases.
Luck.


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CPTrans
United States
Local time: 19:20
English to Danish
+ ...
TOPIC STARTER
got emotional envolved Nov 28, 2004

Tayfun Torunoglu wrote:

Do not you have backup, or why do you send originals to translator? If that is evidence to be used in court it is not so logical to deliver originals to anyone.

As to delivery of material: Obviously it sounds terrible, but we should first know the reason, Does he claim the right of retention (salavage lien etc. depending on situation)?
If a creditor has an unpaid sum he can keep some valuable goods of debtor until his payment duly done. That is very rarely applied, there must be justification and a legal notice etc... and I am not sure if that is applicable to your case, and even such cases may open to legal proceedings very risky for those who apply such retention.

First we should know why?



Dear everyone
Ohh yes look looking back, I know what I should have done,
I have already payed 50% of what he wanted, and he tells me that he is still working on it, which is not what I requested, when I asked him to turn it in the first time.
It is one of those small tapes, and very hard to understand, our client knew that from the beginning, and we also informed them to make a copy, would make the tape even harder to understand, so they didn't think that it was going to be more than a page or so, which I also informed him about. Now that he has listen to the tape and got more or less emotional envolved in his matter, due to it has alot of cuss words and he has already said it is emotional hard for him to listen to, he know that it is a matter of a immigration case, and we all know no matter what we can't get emotional envolved, he has requested to speak with the client, so he could give him some feeback in his legal matter, but i have refused, he has gotten emotional envolved in the case, the last part he said this morning was he needed to know when the court hearing was so he could be there to be supportive. I refused to give him the information and he hung up on me.
This is a man who is member of both HITA group and ATA



HI
I know I might have to make it in to a court case and i realy don't want to go that far. I infomed him that I would contact both HITA and ATA with the case including a lawyer to get the information that he has already.
I would have no problem paying him for his work when he shows up with it, but that is not his issue, his has becomed emotional envolved in the case.
The tape it self is in a very poor quality due to it is a copy of a copy and I knew if I made another copy it would be in a very bad quality. I have asked him several times what the reason is that i can not get the tape back and he has said to me that he is not done. I have asked him how much he has due to the client don't expect much and he said i don't care, and turn around to wanting to speak with the clients client(person who need to go to court) which ofcause we don't do.
At our meeting we informed him what his assignment was, he seem to have ignored that.
The client understood the poor quality of the tape and asked to see if we could get a page or so out of it, which i told him that that was it no more, he has not recording to him more pages, which is good but i have told him that it is enough he need to turn in the pages he has, else it will not make it to court, (he pages is part of the legal issue) he has informed me that he is not willing to let them to part of the case due to that it is emotional hard on him, and he want to know when the case is in court to be there to support the client.
I have informed him that I have to make it into a court case for with holding legal information, which can cause fines and jail time he has informed me that he did care, take him to court he will not turn in the tape or any of the other evidence ( his translated papers)
So i guess we are going to court......

[Edited at 2004-11-28 21:49]


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Monika Coulson  Identity Verified
Local time: 18:20
Member (2001)
English to Albanian
+ ...
Hmmm Nov 28, 2004

From what I read from your comment, this behavior is surprisingly unprofessional. If that tape is to be admitted in the court as evidence, then you should get the court to order him to bring it. Hmmm, sorry, I am afraid I am not helping you a lot...
Monika


CPTrans wrote:
... he has gotten emotional envolved in the case, the last part he said this morning was he needed to know when the court hearing was so he could be there to be supportive. I refused to give him the information and he hung up on me.


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Victor Potapov
Russian Federation
Local time: 04:20
English to Russian
+ ...
Some ideas Nov 28, 2004

My ideas in this situation are:
1. Get in touch with this person - ideally arrange a face-to-face meeting. Set a deadline for return of tape. Discuss payment issues later and only after tape is returned.

2. I assume you have contract with this person. if point 1 above fails, inform him that you have no other way but sue him - and serve him with documents ASAP! (actually, in US there's such a thing as the artisan's lien - the statutory right of the craftsman to keep the object of work in his custody until paid in full...) My point here would be not to sue, but to get the tape back - i.e. I would leave say 24hrs before every subsequent step in the legal procedure: "We are going to file a suit against you... unless you return the tape before 8-30 am on Wednesday 1st", for instance - from a letter on Monday or Tuesday...

3. Tell him you will contact his associations. Complaints do work. Threat of complaints should work especially if you will get some support from the organization (e.g. ATA) beforehand - they will definitely tell you some niceties in response to your firm queries - interpret these niceties (with names, titles etc.) as if ATA is supporting your position! Quote from ethical standards etc. This is really borderline - but heck, you need your tape back for the COURT HEARING!

In any case - leave the guy a way to save face. E.g. "return the tape and we will drop the charges and NOBODY will ever know about it.."

Good luck with getting the tape back!

PS NOW we all see why backups are important...


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CPTrans
United States
Local time: 19:20
English to Danish
+ ...
TOPIC STARTER
emotional envolved Nov 28, 2004

HI
I know I might have to make it in to a court case and i realy don't want to go that far. I infomed him that I would contact both HITA and ATA with the case including a lawyer to get the information that he has already.
I would have no problem paying him for his work when he shows up with it, but that is not his issue, his has becomed emotional envolved in the case.
The tape it self is in a very poor quality due to it is a copy of a copy and I knew if I made another copy it would be in a very bad quality. I have asked him several times what the reason is that i can not get the tape back and he has said to me that he is not done. I have asked him how much he has due to the client don't expect more than a 1 page or so and he said i don't care, and that he has more than 1 page, which is good but i have told him that it is enough he need to turn in the pages he has, else it will not make it to court, (he pages is part of the legal issue) he has informed me that he is not willing to let them to part of the case due to that it is emotional hard on him, and he want to know when the case is in court to be there to support the client.
or want me to give him the number to my client or the clients client(person who need to go to court) which ofcause we don't do.
he has said if he doesn't get a chance to speak with them he is not going to turn in anything.
At our meeting we informed him what his assignment was, he seem to have ignored that.
I have informed him that I have to make it into a court case for with holding legal information, which can cause fines and jail time he has informed me that he didn't care, take him to court he will not turn in the tape or any of the other evidence ( his translated papers)
So i guess we are going to court......

[Edited at 2004-11-28 21:49]


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Dinny  Identity Verified
Greece
Local time: 03:20
Italian to Danish
+ ...
Pay first - shoot later! Nov 29, 2004

Hi,
Since the real issue is to get the tape back immediately, I would start paying the guy for the work! I know this doesn't sound fair, but at least it will leave him with no right to retain your material.

The moment you have paid him and he still refuses to deliver the tape, you take legal action against him to obtain from him what is legally yours.

Just my 2 cents...



[Edited at 2004-11-29 10:41]


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Jesús Marín Mateos  Identity Verified
Local time: 01:20
English to Spanish
+ ...
Send a courier..... Nov 29, 2004

Probably not much help.....but you may want to send a courier to his officer/home to collect the tape.....he may feel the pressure that way....
Good luck.


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Sergei G.
United States
Local time: 19:20
English to Russian
Meet your obligation and pay the translator Nov 29, 2004

CPTrans wrote:

Hi
We hired a translator to do a job (voice-over) from a tape, and since it is hard to hear we hired someone local.
this translator was someone a friend of mine knew and he has had about 7 years of experience, not enough of what is required to be accepted, but since he is memember of both HITA and ATA we thought he could pass.
Well it turned out to be a flug, not enough he can't do the job, but he is not willing to turn in the tape which is needed in court, so at this point it is becoming a legal matter, am I angry? Ohh yes, but more at myself for not check up on his past experience more than we did.
Anyone has an idea how to get the tape and the papers from him without this becoming a legal matter(court case)

[Subject edited by staff or moderator 2004-11-28 18:23]

We all know how stingy language firms/bureas are. My advice is to pay the guy and get the tape. Simple!


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xxxsarahl
Local time: 17:20
English to French
+ ...
Insanity Nov 30, 2004

This guy is insane, period.
I think we're beyond lack of professionalism, lack of ethics,
or whatever. The guy is certifiable.
Reasoning is not going to help, you may have to find "alternative ways" of getting the tape back.
Good luck, the world is full of psychos!

[Edited at 2004-11-30 21:59]


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Desi_vdb
United Kingdom
Local time: 01:20
Dutch to English
+ ...
explain him why you need the tape Nov 30, 2004

If he is emotionally involved, try to make him see that the fact that the tape is missing might come accross as very dodgy to the court, and might hurt the person on the tape (I assume he wants to help him?).

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