| Pages in topic: < [1 2] | Problems getting paid from old client Thread poster: Esbed Cavazos
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Sheila Wilson 
Spain
Local time: 06:12
Member (2007)
English
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| "Do business as a businessperson" is my advice | Apr 2, 2015 |
Esbed Cavazos wrote:
I'm having serious problems to get paid my last jobs for a client I 've been working with for about four years. He has regularly been a slow payer and usually I'm not in a hurry for getting paid either, so we were fine that way. But now it has been five months since my last payment, he owes me a significant amount of money and he's not answering my mails or calls anymore.
I'll assume then that this client does have the money to pay you, though this is something you should check first as not even the courts have much luck getting money from companies that can't pay. Unfortunately, for the last four years you've been voluntarily putting your invoices right at the bottom of this company's list of priorities. You don't say what your agreed payment terms were but how come it was ever "fine" for this client to ignore your payment deadlines? Did you ignore their delivery deadlines? This company has clearly taken every possible advantage of this and will continue to do so if at all possible.
Can I suggest the following steps, some of which will only apply to future jobs:
- State your own terms rather than accepting a client's, then negotiate if you feel it's appropriate. (Preferably setting an upper limit of 30 days EOM for payment.)
- Invoice ASAP, with the payment due date clearly identified
- Within a week of payment becoming overdue, send a polite, friendly email reminder to your usual contact.
- If necessary, send a second email, rather more formal, a week later, but copy in another address (CEO, accounts Dept, HR...) in case there's a problem with the first.
- If you're feeling charitable, AND if it's a client who has a good record, you can spend another week repeating the above step.
- A note on the BB warning others of possible non-payment would be appropriate from this point, IMO.
- A week later, send a letter by registered mail to the registered company address, with proof of signature to be returned to you. This should be a formal letter (if in English, Google for "final demand") and it should state a date for payment to be received. 7 days is enough for some cases but 14 is fairer for international post.
- If that deadline also passes, it's often a good idea to get a lawyer to send a final demand. The wording will probably be very similar but it will look more impressive on their legal headed stationery, and shows you mean business. It isn't normally very expensive.
- If that doesn't do the trick you have the option of a small claims court or a recovery company. Or writing it off as a bad debt, but that really is a last resort.
Have you checked out this company on the Blue Board here yet, or on similar lists elsewhere? I would certainly suggest that you add your comments now. The BB shouldn't be used to threaten clients, but it does give a very useful warning to others that they may not be rewarded correctly for their work. If they end up paying then you can amend your comment to include that fact, but please don't remove it or change it to an "everything is fine" one. If the client tries to force you to do either (e.g. by making it a condition for payment or further work - should you ever wish for any), please raise a support ticket as this is against ProZ.com rules.
I think it's best to avoid dubious practices such as posting potentially libellous Tweets etc., at least until you've exhausted every other possibility. It isn't a personal debt, or a personal matter at all. It's just a 'normal' (if unwanted) procedure that any business has to be prepared to go through occasionally. In fact, your tone needs to become extremely formal. John becomes Mr Doe, then Sir, then you address the company as a whole in the final demand, using Dear Sirs. In the same way, "Maybe it's escaped your notice" becomes "Please be informed", etc.
Good luck, and keep us informed.
| | | | Esbed Cavazos
Local time: 23:12
English to Spanish
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TOPIC STARTER | Contacted debt collection agencies and the small court also | Apr 2, 2015 |
Thank you every one for your replies, you are being really helpful! At least widening the landscape of options. Thank's for opening my eyes.
I'm taking legal action. The debt is high enough. I'm requesting quotes from several international debt collection agencies and asking information in the Small Court of Miami (he is in Miami, not L.A., sorry for the misunderstanding). I'll also look for a Mexican-American organization, thank's Lilian (and everyone else!).
You're ab... See more Thank you every one for your replies, you are being really helpful! At least widening the landscape of options. Thank's for opening my eyes.
I'm taking legal action. The debt is high enough. I'm requesting quotes from several international debt collection agencies and asking information in the Small Court of Miami (he is in Miami, not L.A., sorry for the misunderstanding). I'll also look for a Mexican-American organization, thank's Lilian (and everyone else!).
You're absolutely right Sheila. I have been... "too kind", I guess. Bad idea (I always took theirs delays as "my savings", as I was working for other clients too, and as I said, they have always paid before, but never took so long).
I did some research last night, the company registry says the do more tha 1.5 md annually, and it's registered since 2001. I'm not sure how to check if they are broke (I sincerely doubt it), but I'll do my serachings of that today (suggestions welcomed).
I'll also take action in the Blue Board tonight, they have no record there yet. I'll keep you all informed. Thank you very much again! ▲ Collapse
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