What Do You Do When a Client Doesn't Pay?

This just happened to me.

A well-respected former legal ad agency owner in Southern California flat out refused to pay for the work I did on her behalf for a charity with which she was involved. Because she was referred to me by a client, and because she was going to 'pay for it out of pocket,' she expected (and got) a far-reduced cost --- one akin to less than minimum wage when you factor in phone meetings, research and creative.

We agreed to half up-front and half on delivery, and I invoiced her for the first half.

But like most creatives, I didn't want to push her for payment (even though she was pushing me to meet her deadlines) because I didn't want to lose the account and good will. And when I asked about the check, somehow she always seemed to take the offensive and ask about the creative for which she'd contracted (and always arrived on time).

And then one day I opened an email from her that began, "My good friend Bob." Keep in mind I'd never met this women personally, so her assurance about being her 'bestie' immediately raised concern because we were far from that.

She went on to tell me how the almost completed project had been cancelled, but that I'm an excellent writer and strategist and marketer, and yada, yada, yada, and how she hopes we can work together in the future. And so I called her, and wrote her expressing my disappointment about the project and submitted a final invoice.

And then that's when she I saw her for who she truly was: a user. Someone who preys on others to make her look good, takes what she can get, then dumps you like leftover 3-day old fish from a fast-food restaurant. She flat out refused to pay, and lied about paying me from her own account. And I don't mean a little white lie; she said she "had never said that and, in fact, would never do that sort of thing." Sure.

So, what do I do? take her to small claims court and force her to come to Northern California to defend herself? And even when I am successful, try and enforce the judgment through a collection agency and give up 50% of my already discounted price? Should I report her to the major credit agencies so that it shows up on her credit reports?

Or, should I just say "the hell with it" and in the future, never begin to write for a client until the check clears?


Brian McKeever

Budget Anylist at Hotwire Communications Ltd

5 年

Sue for it!

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Allen Murray

Biochemist:biomedical, bioagricultural, food and textile experience

5 年

Agreed.

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Allen Murray

Biochemist:biomedical, bioagricultural, food and textile experience

5 年

I would suggest you communicate only one more time telling her that if she does not pay in 10 days that you will file. Don't worry about her travel. If she does not show you will get a default judgment. Then record the judgment in her jurisdiction and possibly others. There may be a time when she wants to do something and it will come up. Then she will have to pay. I did this for my aunt when former tenants of hers who became friends borrowed from her. It turned out that other friends of theirs had cosigned the note so when they wanted to refinance their house they had to pay my aunt first.

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