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Traci,
I'm curious what your client is saying to justify not paying you. Also, and
I think I've mentioned this elsewhere, it may be appropriate to name
deadbeat clients so the rest of us can avoid them.
My experience is that the easiest thing to do is turn it over to collections
agency. They will do it on a contingency basis. They will charge you 20-30%
of whatever they collect, but you don't have to deal with it any more. Of
course, they may not be able to collect either, but at least you've done
what you can and you don't have to spend any more time on it. Some law firms
will also take over the collections activity for you.
I've not done Small Claims, but my guess is that it would be more hassle
than it's worth.
Just in passing also, you might include a paragraph in your contract that
states that you retain the copyright on all material you produce until the
client has paid in full. This way, they may be exposing themselves to a
copyright infringement suit if they don't pay you completely. This is my
idea, so it needs to be discussed with an attorney knowledgable about the
interaction of work for hire and intellectual property laws.
David
----- Original Message -----
From: "Traci Pearson Eyer" <t_writer -at- privatei -dot- com>
To: <techcomm-discuss -at- stcrmc -dot- org>
Sent: Monday, January 20, 2003 2:40 PM
Subject: Contractors: Advice on client who refuses to pay?
> I would like to talk to some STCcontractors who have had clients who
> refused to pay last bills. The amount I'm talking about is less than
$1000.
> I'd like to know what you did to try to resolve the issue and what worked
> and what didn't.
>
> Communication from my lawyer to this client has been unsuccessful; it only
> provoked further offensive bluff and bravado from this client. I could
turn
> this over to a collection agency, I could take this guy to small claims
> court, I could have my lawyer continue, or I could just drop it because
I'm
> not sure the amount is worth my continued time and efforts.
>
> Also, I'm afraid this client may contact someone else in STC or BWA and do
> the same thing to them. All I can say is, if you've picked up a new client
> recently, please be sure you have a rock-solid contract and be very, very
> careful how the project progresses.
>
> Thanks!
> Traci
>
> Traci Pearson Eyer
> Technical Communications and Information Design
> t_writer -at- privatei -dot- com
> (303) 410-9101
Tammy Van Boening
Senior Technical Writer
NetRegulus, Inc.
303-925-7721 (Direct)
303-925-7700 (Main)
303-662-9320 (Fax)
tammy -dot- vanboening -at- netregulus -dot- com
www.netregulus.com
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