How do you handle a client who hasn't paid or one who doesn't respond to you? How long do you give them before taking legal action?
It depends (like all things. ) If it is a client I've worked with a great deal, I'll give them a bit more room to work - assuming they are communicating with me about whatever the problem is. If it a new client, I generally require 50-100% upfront to avoid this exact problem. Once that client and I have worked together for awhile, this requirement may be relaxed. In general, it seems like two weeks or so would probably be enough time assuming you have done everything to can to contact the individual and explain your position and he/she is just not willing to communicate with you. (Just be careful to not break any harassment laws...) Rebecca
Sometimes if not most of the times it may turn out to be a costly deal to take legal action against a non-paying customer. That is why advance payments are a must when it comes to online business. For the simple reason that chargebacks for failed product delivery are easier to manage than chasing a customer for a payment that is due after work is done, advance payments should be agreed on.
Yes, you are both right. I usually require upfront payment for new clients and for some reason, didn't this time and it seems like I am paying for it now. These articles were supposedly being published in a magazine that the client gave me the name to and tried contacting them to tell the editor if the articles were sent, that I own the copyrights since I have not been paid. I am giving it another week and then going through my plan of action.
Thank you for the advice. The client came from DP and if I do not get a response or payment, I will make sure to tell the forum the name of this guy.
Well, I say let it go. Yes, you lost some valuable work time, but you also most likely learned new things. You also got a scammer discredited among the entire forum, if you do choose to publish the username. I say let it go. I haven't been a victim yet, but then again- I only deal with iTrader and reputation-proficient users.
If I tell you how much money is owed, you may change your mind on letting it go. I appreciate your thoughts and wish I could let it go if it was a few dollars. If the client pays up and responds to me, then I will not give his name in the forum.
I agree with disclosing the name of that DPer so other people can be aware of, apart do not forget submitt negative feedback for such failed transaction. Good Luck
I see. How much are you dealing with? If it was over $100, I would certainly ask for an initial cost to ensure against such things happening in the future. But now that it has happened, it depends on a few things on where you should go from here. First, document that you are, in fact, the creator of the content. Upload it to a website of yours or portfolio before this person uses it. If they already have, then you have less of a chance- and you might be better off just warning others about him or her. You could also try legal action if it was a few thousand, but only in extreme cases and if you had enough evidence. good luck!
I def. will. The magazine sent me back a response this morning so I will see if they have any clue but I Will def publish the articles on one of my blogs so it is on the Web. That's a great idea!
If they used the articles, send them a notice that they're in violation of your copyright, as they have no ownership rights to the work at this point. Make it clear that they can either A) Pay you what they owe you immediately, and you'll leave it at that, or B) Have you contact their host (if it's an online magazine... lot's of people say "magazine" these days when it's just a website) to report the copyright violation and have it removed, plus have you report them to Google (again if online, to have the listings removed from the index), and have you file against them in court in an intellectual property suit, and not just a small claims thing over the fee. Now that's what I'd generally do... I'm sweet as pie with them, and rarely have a problem, but when I do, if they're unresponsive, I'll just pull out the big guns. And of course, only do that if they're ignoring your requests still for payment. Let us know how it works out.
WOW! Thank you for the great advice! The magazine is a print magazine. I will def follow your steps. Thanks and will let you know what happens.
Actually, your thread reminded me I need to contact a client about a payment that's several months overdue, so thanks.
Well I found out that I wasn't the only one who has been taken by this DP member. I should have done my homework: http://forums.digitalpoint.com/showthread.php?t=274017&page=2 I still plan to continue with the legal plan and now at least other members know of this dishonest person.
Good luck with it! You should never, yep never, make exceptions to your payment rules. If a potential client (or existing one) doesn't want to follow the rules, then move along. By the way, before you go spending your hard-earned money on legal remedies, get an idea if the person/company has any assets to begin with. For instance, if you go to small claims, you'll be responsible for collecting any judgment, not the court. If it's against a company (properly formed Inc or LLC) that has no assets, you'll just have a paper judgement and you'll have lost the money and time it took to get it. Also, watch what you post. Make sure you can prove everything you say and that you don't go overboard. Wrong or not, you don't want to be at the wrong end of case involving libel and defamation of character with your pants down. Two wrongs don't make a right.
Even if you go through the regular court system the court won't necessarily enforce payment. That is part of why settlements are accepted so often. You don't sign a release from the lawsuit until your lawyer has a cashiers check in hand. Otherwise, they can tie you up in paperwork for years.