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CalAttorney2, Attorney
Category: Criminal Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have been a model on and

Customer Question

Hello, I have been a model on for months and the site ended up kicking me off after earning $930+, well over the cash out amount. I have been suspended before about 2 years ago, and normally they email you saying they are mailing a check out to you. This is suppose to be my third check I am to receive from and I have not received anything. I emailed them a dozen times asking where my check is, and of course no reply. They have done this to dozens of girls as well. Is there any way I can legally retrieve this check? I have legally earned this money on their site which they claim is a "social network" site but in all reality it is a porn site. I believe it is illegal to take a check someone legally earned. Please help
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CalAttorney2 replied 1 year ago.
You can write them one more time threatening to file a report with the NJ Dept. of Labor and Workforce for unpaid wages. Let them know if you do not receive your check within 10 days of the date of your letter (or email) you will be filing your complaint.If you do not receive your check, file your complaint - here:
Customer: replied 1 year ago.
Since It is an online website I "modeled" for, is it gauranteed I will receive my wages? I am sure mygirlfund will not reply to my email though I just emailed them again. Over 900$ was stolen from me so I am hoping to get it back.
Expert:  CalAttorney2 replied 1 year ago.
There are a lot of these sites that are skirting the line between employment and contracting. I would recommend at least making the report.The best case scenario is that the Dept. pursues the claim and recovers your money and damages for withholding wages.The worst thing that will happen is that the NJ Dept. of Labor doesn't pursue the claim. If that happens, then you can sue the site for breach of contract in small claims court. (So it is a matter of taking the path of least resistance (less work for you) first, then pursuing a more time consuming route second). Odds are the site isn't going to want the Dept. of Labor poking around in their business, especially over $900.00 and they are going to simply send you a check.
Customer: replied 1 year ago.
Okay i checked the website and is there any way to file a claim via email? And mygirlfund isn't new jersey based so how would this work? I'm sorry this is all very new to me. If you can find a direct link or email for me I would appreciate it!
Expert:  CalAttorney2 replied 1 year ago.
The link I provided above gives you information on how to file a claim with the Dept. of Labor.
Expert:  CalAttorney2 replied 1 year ago.
But again, I would recommend starting with a demand letter to your site (the "if I do not receive payment within 10 days" letter).As we have discussed, this isn't a straight shot on the wage and hours claim, but the site isn't going to want the Dept. of Labor to be looking into their business, so a credible threat should be sufficient to get your money back.
Customer: replied 1 year ago.
Ironically they responded with lies and no proof::
It has come to our attention that you were advertising underage content on the website and have possibly uploaded underage to our servers as well. In January 2016 you were canceled for such advertisements before. Child pornography is a federal crime and something we take very seriously. It is our responsibility to conduct an internal investigation and report any findings to the proper authorities.
Our terms of service are very clear on these matters as well as the website's relationship with you. You are not an employee or contractor of or any of its affiliates.
Your account has been frozen as our legal council and authorities advise us on next steps. Likely they will be refunded to your contributors, as we do not pay out anyone that distributes child pornography.
mygirlfund supportMy Reply:: I NEVER distributed UNDERAGE CONTENT. NO PICTURES WHATSOEVER nor is there any proof that ANYONE received underage CONTENT. I AM OF LEGAL AGE IN ALL MY PHOTOS/VIDEOS/MESSAGES. It was simply a FAKE story, age play, which many people on mygirlfund do but are not kicked off for! It Cannot be considered child PORNOGRAPHY. Also, I DID SIGN A CONTRACT so I was EMPLOYED with mygirlfund which is a porn site. I have proof of the amount I earned on mgf.So if you will simply not reply and send me a $900+ check I legally earned through messages, camming, and LEGAL AGED photos/videos, I will STILL be filing to the department of labor for UNPAID WAGES as I already spoke to my attorney! The site will still be getting reported if no check is received for LEGAL AGED wages I legally earned and you will be hearing from the department of labor. Have a nice day.
Expert:  CalAttorney2 replied 1 year ago.
I do hope that they will respond positively to your reply.Hopefully you will get a swift and positive resolution to this matter.
Customer: replied 1 year ago.
they have not replied yet, but i am in the process of filing a report/claim on the site. please let me know if anything i said was incorrect when i replied to their email as i do believe they are in the wrong. thank you greatly for your time!
Expert:  CalAttorney2 replied 1 year ago.
I cannot provide you with formal legal advice or instruction (such as reviewing or editing your specific correspondence) on this forum, you need a local attorney to provide these types of formal legal services for you.However, you can utilize the resources we discussed above to negotiate a resolution with the site, and if that fails, you can sue them in small claims court. Small claims court is informal and is designed to allow you to sue without requiring an attorney (most cases are brought to a hearing (trial) within 2-4 months of filing, and the hearings usually last 15-30 minutes, at which time you simply present your case to the court, and the judge (usually an attorney acting as a court magistrate) will issue a decision.
Customer: replied 1 year ago.
In a small claims court, do i physically go to a court to dispute? What if the mygirlfund owners are located in california ? How would this work?
Expert:  CalAttorney2 replied 1 year ago.
You can try filing suit in NJ claiming that they are doing business in that state. (I wouldn't travel to CA to file a small claims suit - you do have to be present in court for the hearing, and it just doesn't make business sense to do that for $900).