Continued from page 1
3. When
Client Ignores You Completely: Nudge Harder
What if your client won't return your email or phone calls and
Accounts Payable department only has a voice mailbox? (This is a sure sign of trouble!)
Make sure that your contact person is actually in town! I've had editors leave for three weeks without any notice and
Accounting department couldn't pay freelancers without approval from
Editor. If this is
case, you'll have to call (or leave a message for)
accounting department and fax them a copy of
invoice and initial contract. Explain that
copyright doesn't transfer to their company until you're paid and that
signature on
contract authorizes your payment. (It's a matter of CYA for them...Cover Your Assets)
If you're still being ignored, and it's almost been a month, it's time to get serious. Before you go report them to
Better Business Bureau, or decide to sever your relationship, make sure it's worth losing their business in
future.
Try sending a "friendly" past-due postcard from this collection agency website: http://www.madagency.com/postoffice.html. (I've used one of
"light" postcards twice and didn't lose either client!)
Make sure you note all of
dates and times you've called and keep copies of all of your correspondence. If you work for this client in
future, make sure that you ask for a larger up-front deposit, just in case.
4. When
Client Is No Longer a Client: They're a Debtor
Once you've figured out that you're NOT getting paid without some outside interference, don't panic, harass, or spread vicious rumors about your client. There *are* steps you can take, but if you're owed a lot of money, it's wise to tread lightly and remain civil to stay out of court.
If you're a member of
National Writer's Union or another organization for writers, it's time to make a phone call. Your union representative can help mediate disputes with clients. If you're not a union member, you can try contacting Angela Hoy at Writer's Weekly. She regularly "goes after" non-paying clients in front of an audience of 67,000 readers/writers!
Report to Writer's Weekly http://www.writersweekly.com/forms/report.html
If your client is a member of
Better Business Bureau, you can contact their local branch. You may also want to consider hiring a collection agency. If you handled transactions solely online, you can also consider reporting them to
FBI's Internet fraud department at www.fbi.gov. You can also start sending snail-mail collection letters with 30, 60, and 90 days "past due" notices.
You can download some sample collection letters here: http://www.toolkit.cch.com ools/letter_m.asp
Sometimes, however, no matter what you do, your client won't pay. They may "skip town" or go directly into bankruptcy, absolving themselves of debt. Unfortunately, as a freelancer, you can't write this off as a "loss" in your taxes. What you CAN do is go to court and try to collect what ever you can. As long as you keep records of all of your correspondence, you'll have a decent court case. However, even if you go to court and a judgment is entered against them,
chances are slim that you WILL get paid.
The only certainty about a non-paying client is that you'll learn from your mistakes. It's a painful lesson, but at least you can go back to
warnings boards listed in
first section of this article, and share them with your fellow freelancers.
Luckily,
paying clients usually outnumber
non-paying and
late-paying clients about 30-to-1. And they're
ones who make freelancing worthwhile, anyway.
