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New York Arbitration Cost Estimates
Thread poster: Soonthon LUPKITARO(Ph.D.)

Soonthon LUPKITARO(Ph.D.)  Identity Verified
Thailand
Local time: 12:43
Member (2004)
English to Thai
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Nov 27, 2016

I searched the forum without hits and need help on this issue.
I may have an arbitration process in New York, USA, regarding non-paying agencies. I checked with websites to estimate the arbitration fees for the dispute amount within USD 15000 but relevant information is still unclear. Could anyone show me links for accurate resources? I live in Thailand.

Regards,

Soonthon L.


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fbbest  Identity Verified
Italy
Local time: 06:43
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Filing Fees Nov 27, 2016

Hallo There,

see if this link might be of help.

https://www.nycourts.gov/FORMS/filingfees.shtml

Kind Regards,
fb


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Soonthon LUPKITARO(Ph.D.)  Identity Verified
Thailand
Local time: 12:43
Member (2004)
English to Thai
+ ...
TOPIC STARTER
References to those who are not paid Nov 27, 2016

fbbest wrote:

Hallo There,

see if this link might be of help.

https://www.nycourts.gov/FORMS/filingfees.shtml

Kind Regards,
fb


Million thanks, fbbest.
I hope this post will also benefit to those struggling on non-payment as well.

Regards,

Soonthon L.


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Michael Newton  Identity Verified
United States
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Japanese to English
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New York Arbitration Cost Estimates Nov 27, 2016

You should try contacting the New York International Arbitration Court Center: www.nyiac.org.
Needless to say, you must be physically present in New York.
Before you go any further, you should make sure the company is still in business before you waste money on airfare.


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Soonthon LUPKITARO(Ph.D.)  Identity Verified
Thailand
Local time: 12:43
Member (2004)
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Good advice Nov 27, 2016

Michael Newton wrote:

You should try contacting the New York International Arbitration Court Center: www.nyiac.org.
Needless to say, you must be physically present in New York.
Before you go any further, you should make sure the company is still in business before you waste money on airfare.


I also appreciate advice of Michael. Many readers should feel the same.

Soonthon L.


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The Misha
Local time: 00:43
Russian to English
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No one in the right mind goes to arbitration for 15K dollars Nov 27, 2016

Not even if they are physically present right here, in NYC. For anyone outside the country, airfare, accommodations, etc. would easily exceed that, and that's before you even start talking about legal fees. Plus, there's, of course, the issue of getting a visa.

There's an alternative system called the Small Claims Court which at this point tops out at 5K (I think), which is cheap (no lawyer required), easy and fairly ineffective (you may win but you will not necessarily get to collect). I went through it a couple of times myself and wouldn't want to repeat the experience. Plus I have no idea how that would work for a foreign national outside the country. Google "Small Claims Court in NYC" and find out. Their instructions are pretty straightforward.

If you think arbitration or litigation is for a regular Joe Schmoe like your or me, think again. It isn't. It makes so much more sense to control your risks BEFORE they come around and bite you you know where.

Good luck to you anyway.


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jyuan_us  Identity Verified
United States
Local time: 00:43
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I think an individual will not be able to proceed with this matter without the help of a lawyer Nov 27, 2016

and the lawyers are expensive in New York. I'm curious if the OP can ask the court to rule that his lawyer's fee should be paid by the defendent if he wins the case. Maybe a lawyer-linguist here can give us more information?

[Edited at 2016-11-27 18:03 GMT]

[Edited at 2016-11-28 11:42 GMT]


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JL01  Identity Verified
United States
Local time: 00:43
English to French
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These are regular court filing fees, no arbitration Nov 27, 2016

in court, you'll need a lawyer. Lawyers are extremely expensive in the USA, especially in large cities. I can't imagine a NY state lawyer charging less than $200/hour. Average fee in NYC is more like $500.

You also have the option of using a collection service. The American Translators Association may have references (see www.atanet.org), but one needs to be a member.

Arbitration is probably not the solution since, in particular, both parties must agree to arbitration. In addition, there are costs: because arbitration is a private court, the fees are quite high, in addition to lawyer's fees.

Did you sign a contract with the agency? Did that contract say anything about courts or arbitration?

fbbest wrote:

Hallo There,

see if this link might be of help.

https://www.nycourts.gov/FORMS/filingfees.shtml

Kind Regards,
fb


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JL01  Identity Verified
United States
Local time: 00:43
English to French
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Contact the consulate general of Thailand in NYC Nov 27, 2016

http://www.thaicgny.com/ภาษาอ-งกฤษ-english-version/

The consulate may be able, in particular, to recommend lawyers.

Soonthon LUPKITARO(Ph.D.) wrote:

I searched the forum without hits and need help on this issue.
I may have an arbitration process in New York, USA, regarding non-paying agencies. I checked with websites to estimate the arbitration fees for the dispute amount within USD 15000 but relevant information is still unclear. Could anyone show me links for accurate resources? I live in Thailand.

Regards,

Soonthon L.


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Mario Chavez  Identity Verified
Local time: 00:43
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I know the horse already left the barn but… Nov 27, 2016

…Misha may be on to something. Being owed 15,000 smackers shows that maybe, just maybe, one didn't notice or check all the risks.

Did you ask for an advance payment?
Is this sum owed by just one agency or several in New York City?

As a rule, I always request an advance payment (30 to 50%) before proceeding with the job, and arrange with the client to submit regular invoices in the course of the project (if it is a lengthy, months-long assignment). Direct client or agency, it doesn't matter; one has to calculate the financial risks and manage them accordingly in worst-case scenarios.

As for small claims courts, yes, I also have experience with that. I went to SCC in Brooklyn in 1991 or 1992 and won ($2,000) but I couldn't collect because I had no financial information (bank account numbers) of the debtor. I never collected.


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jyuan_us  Identity Verified
United States
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There could be a legal remedy Nov 27, 2016

Mario Chavez wrote:
As for small claims courts, yes, I also have experience with that. I went to SCC in Brooklyn in 1991 or 1992 and won ($2,000) but I couldn't collect because I had no financial information (bank account numbers) of the debtor. I never collected.


I think there could be a legal remedy if you couldn't collect the amount owed because you had no financial information (bank account numbers) of the debtor. I heard that the court can confiscate the debtor's house and sell it on your behalf.


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JL01  Identity Verified
United States
Local time: 00:43
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Too much for SCC Nov 27, 2016

Hi, Mario!

Unfortunately, amounts greater than $5,000 can't be claimed in Small Claims Court in NY, which is a shame: this amount, which has not changed in decades, should have been updated long ago.

But in this case, the OP has little choice: collection agency or a lawsuit. Collection agencies typically get to keep around 30% of any collected amount, but at least do not demand any up-front payment, I think. Still, a foreign-based invoice and customer may restrict the choice of such agencies accepting the mission.

Mario Chavez wrote:

[snip]

As for small claims courts, yes, I also have experience with that. I went to SCC in Brooklyn in 1991 or 1992 and won ($2,000) but I couldn't collect because I had no financial information (bank account numbers) of the debtor. I never collected.


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Soonthon LUPKITARO(Ph.D.)  Identity Verified
Thailand
Local time: 12:43
Member (2004)
English to Thai
+ ...
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Mario is correct Nov 28, 2016

Mario Chavez wrote:

…Misha may be on to something. Being owed 15,000 smackers shows that maybe, just maybe, one didn't notice or check all the risks.

Did you ask for an advance payment?
Is this sum owed by just one agency or several in New York City?

As a rule, I always request an advance payment (30 to 50%) before proceeding with the job, and arrange with the client to submit regular invoices in the course of the project (if it is a lengthy, months-long assignment). Direct client or agency, it doesn't matter; one has to calculate the financial risks and manage them accordingly in worst-case scenarios.

As for small claims courts, yes, I also have experience with that. I went to SCC in Brooklyn in 1991 or 1992 and won ($2,000) but I couldn't collect because I had no financial information (bank account numbers) of the debtor. I never collected.


Mario is correct. I have more information but it is better not to reveal here. My post aims to stimulate discussion in this subject as well.

Soonthon L.


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Mario Chavez  Identity Verified
Local time: 00:43
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Such a pity Nov 28, 2016

JL01 wrote:

Hi, Mario!

Unfortunately, amounts greater than $5,000 can't be claimed in Small Claims Court in NY, which is a shame: this amount, which has not changed in decades, should have been updated long ago.

But in this case, the OP has little choice: collection agency or a lawsuit. Collection agencies typically get to keep around 30% of any collected amount, but at least do not demand any up-front payment, I think. Still, a foreign-based invoice and customer may restrict the choice of such agencies accepting the mission.

Mario Chavez wrote:

[snip]

As for small claims courts, yes, I also have experience with that. I went to SCC in Brooklyn in 1991 or 1992 and won ($2,000) but I couldn't collect because I had no financial information (bank account numbers) of the debtor. I never collected.


Hello, JL: If the OP chooses to go the collection agency route, I believe ATA (www.atanet.org) might have a bit of advice on that. I never had anything to do with collection agencies, fortunately.



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Mario Chavez  Identity Verified
Local time: 00:43
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I should have known Nov 28, 2016

…that JL01 is my old pal in New York City!



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