Q. about following up to collect a balance owed

Discussion in 'Copywriting' started by Senobia, Dec 13, 2010.

  1. #1
    I'll preface this by saying, I've only had this issue once, but the guy turned out to be such a flake that the stress of dealing with him outweighed the compensation I was still due. So I let it go.

    Now - a colleague of mine recently did a project for a new client (not a random flake, but an established media firm in NYC). The client paid him 1/2 up front ($400 project, $200 advance). So he expidited the project, completed it within a week (massive undertaking, really), sent it all in parts for approval, which he received.

    Friday he sent an update saying this is where we are, I'll have the final parts emailed to you over the wknd so you'll have them on Monday, and we can discuss the next phase then. You can send the final payment of $200 when you're ready. No response. He emailed the last pieces over the wknd with, basically, the same message. No response. Today he sent another message to confirm receipt of what he sent over the wknd and to see if the messages were getting through. No response.

    Usually, I'm paid up front by my clients or have a rapport with them already and know they're good for payment. So this fading to black tactic - is foreign to me. So I was of no help to him.

    Does he continue messaging? How often? What does he say? Does he find a contact phone and call?

    Hoping those of you with experience in this or an opinion can answer. Thanks.
     
    Last edited: Dec 13, 2010
    Senobia, Dec 13, 2010 IP
  2. averyz

    averyz Well-Known Member

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    #2
    So your friend still has the 1/2 of the work or just bits and pieces of it ?

    I have a similar problem with graphics sometimes I send proofs and people think they can use them so they run off... then after they go to the printer and find out they don't have the real deal they come back and pay.
     
    averyz, Dec 13, 2010 IP
  3. Senobia

    Senobia Notable Member

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    #3
    No! All the work has been completed and delivered.
     
    Senobia, Dec 13, 2010 IP
  4. averyz

    averyz Well-Known Member

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    #4
    Oh... that's not good. Not sure what I would do, A lot of people keep calling, keep calling, more aggressive people start calling associates and family.

    Personally I think being flaky is just a veil to avoid payments and commitments.
     
    averyz, Dec 13, 2010 IP
  5. YMC

    YMC Well-Known Member

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    #5
    I ran into this once myself. In my case it was a huge company and they never ended up using my stuff. Long story.

    I wrote it off because quite frankly, I was glad to be rid of them. In this case, it sorta sounds like someone was offloading their own assignment. It might get interesting if your friend called up the company and tried to speak with the client's boss - assuming of course the client wasn't the boss. Another option would be that if the work was subcontracted to your friend that he contact the real client and drop them a note about the situation - he still might not get paid but he could negatively impact the cheat's business.
     
    YMC, Dec 14, 2010 IP
  6. Senobia

    Senobia Notable Member

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    #6
    YMC,

    Yes! I think what Steve (my friend) was hired to do was by a go-between and the actual media firm is the go-between's client, not Steve's.

    Good idea about contacting the media firm. I was thinking of suggesting the same thing, but not sure how long to wait before doing so. They might just be busy...or sick...or dead...or whatever. Eh.
     
    Senobia, Dec 14, 2010 IP
  7. internetauthor

    internetauthor Peon

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    #7
    How long has it been since the contact went missing? It sounds like it's been three days, but I'm not sure if you're talking about this week or last. This is a crazy time of year and the client might have gone out of town or been busy with meetings and not had a chance to reply if it's been less than a week. I'd send one more message reminding the client that the property rights transfer with the final payment, meaning your friend still owns the work until that point and that the client does not have rights to it until the final payment is received on your friend's end.

    Then, give the client time to get back in touch. If he doesn't respond in two weeks or so, contact him again to let him know that you're (your friend, whatever) concerned about the lack of communication and will call to follow up - remind him again the writing is yours until the payment is made. Without a contract this claim probably won't hold up in court unless it's in an email somewhere that both parties agreed, but it's still a nice threat.

    If the money isn't paid still and no communication, follow up with any business number you can find or write it off. You might then try to resell the materials if they haven't been used or use for distribution or the like just because you can, but give it at least thirty days before hand. When you're working with a company, they don't work in twenty-four hour increments for payments the way many freelancers do.
     
    internetauthor, Dec 14, 2010 IP