Welcome, Guest. Please login or register.
April 25, 2024, 07:36:41 PM

Login with username, password and session length

Recent Topics

[Today at 06:57:02 PM]

[Today at 06:43:50 PM]

[Today at 06:09:14 PM]

[Today at 04:25:53 PM]

[Today at 03:18:45 PM]

[Today at 01:17:52 PM]

[Today at 07:23:39 AM]

[Today at 07:16:05 AM]

[April 24, 2024, 09:45:12 PM]

[April 24, 2024, 08:39:39 PM]

[April 24, 2024, 04:31:01 PM]

[April 24, 2024, 11:46:31 AM]

[April 24, 2024, 10:38:46 AM]

[April 24, 2024, 10:16:10 AM]

[April 24, 2024, 06:30:45 AM]

[April 23, 2024, 09:07:13 PM]

[April 23, 2024, 07:29:14 PM]

[April 23, 2024, 07:26:53 PM]

[April 23, 2024, 06:03:07 PM]

[April 23, 2024, 06:01:09 PM]

[April 23, 2024, 01:20:14 PM]

[April 23, 2024, 09:23:34 AM]

Support NCKA

Support the site by making a donation.

Topic: Client won't pay...now what?  (Read 1544 times)

0 Members and 1 Guest are viewing this topic.

Malibu_Two

  • Sea Lion
  • ****
  • View Profile
  • Location: San Francisco
  • Date Registered: Jul 2005
  • Posts: 3082
Hey Everyone,
I have a question regarding a recent freelance job I did for a client. I did a day of video shooting for an out-of-town client via a referral from someone in my area.

At the end of the shoot we went our separate ways. The client has now gone silent. I still have the footage and need him to send me a drive and then ship it back.

I had requested a signed contract, but due to time restrictions on his end, he said he couldn't read the entire thing, and sent a brief email instead, outlining all the details (rate, date, hours, etc). He even stated in the email, "This email is binding."

So, he last told me via a short email one week ago that his ex-wife is in the hospital, so I've backed off for now, but that was one week ago.

What should I do now? It seems to me he doesn't want the footage, and clearly doesn't want to pay me (At this point I have no intention of giving him the footage until he pays me).

I have time on my hands and don't mind being a squeaky wheel or doing a little legwork to make this right.

Thoughts?
Thanks in advance,
Andrew
May the fish be mighty and the seas be meek...


  • Old school or no school.
  • View Profile
  • Location: OAK
  • Date Registered: Dec 2014
  • Posts: 904
I do similar work (audio production), and yeah, you've got the right idea of witholding the footage. In my experience, the best first move is being a squeaky wheel while documenting all the squeaks.
If you've got the energy for legal avenues, that'd be the next step.
I've yet to have to go that far, usually just squeaking is enough.
I mean, that and a good knee-capping.
14' Necky Dolphin, fast and wiggly, no room for anything.
Old Mitchell reel junkie.


Malibu_Two

  • Sea Lion
  • ****
  • View Profile
  • Location: San Francisco
  • Date Registered: Jul 2005
  • Posts: 3082
I have the energy for legal avenues, but am not willing to pay for it.
I just checked his FB page and he's posting all sorts of stuff on it; videos, funny pics, etc. Nothing about a sick ex-wife.
May the fish be mighty and the seas be meek...


SlackedTide

  • Sea Lion
  • ****
  • View Profile
  • Location: Weekdays a Prius, Weekends a Revo
  • Date Registered: May 2014
  • Posts: 2482
Send him a certified bill of service, document that... send him another. Call a few times...  leave him messages that his footage is awaiting pick up.  Then it’s collections and legal BS. Hope it doesn’t go that far.
« Last Edit: September 21, 2018, 11:18:50 AM by SlackedTide »
2014 Hobie Revo 13
2011 Hobie Outback - bye bye
1997 Tracker 17 Deep V<--- Money Pit


When you look outside the window, and all you see is fishing. True Story.


bdon

  • Salmon
  • ***
  • View Profile
  • Location: San Francisco
  • Date Registered: Jun 2016
  • Posts: 301
Make sure that you have explicitly told him he is past due.  Document everything. 

Don't talk to them over the phone, only over email. I would also talk to the referral and let them know the situation and see if they can contact them.

I collect quite often with my work (unfortunately  :smt013)  and what works well is sending emails like "This is the 4th email I've sent regarding payment for xxxxxxxx" then moving to the 5th email, etc.

Usually around the 5th email or so people start getting the hint that you aren't going away.   But there are more avenues you can do...when someone ignores me I find their business location and contact their landlord and have their landlord connect us.  That usually does the trick, but I hold out on that one for a while.

Small claims court does cost money, a few hundred to apply, but you don't need a lawyer.

Good luck


Weimarian

  • Sea Lion
  • ****
  • The fish, I hear them! work can wait! let's go!
  • View Profile
  • Location: Weimar California
  • Date Registered: Mar 2011
  • Posts: 5976
Gotta play it like a Hit man... Half up front, half when you produce the body (of work) :smt044 Good luck collecting. Consider uploading the juicy stuff to facebook :smt005
Come on out! It's time to play. It's time for TROUT Bass and STRIPER. Let go of the hand brake!


Sin Coast

  • AOTY committee
  • Global Moderator
  • Pat Kuhl
  • View Profile Turf Image
  • Location: Mbay
  • Date Registered: Jul 2006
  • Posts: 14647
This happens all the time in the porn industry...
Photobucket Sucks!

 Team A-Hulls

~old enough to know better, young enough to not care~


myyak8me

  • Salmon
  • ***
  • View Profile
  • Location: Davis CA
  • Date Registered: Aug 2016
  • Posts: 456
Small business people have to get deposits because every possible avenue of pursuit for collection is stacked against you.
Send 3 emails with his 'binding' email attached
Go to small claims court in his county of residence
If he doesn't show and you win by default - you're still screwed because the judgement may cost as much as the claim to collect but...
If you know where he lives and he owns his home - lien it.  (It's cheap and easy to do at the county recorder where he resides)

1) Just a suggestion - slim your contract down to some basics - probably doesn't need to more than a page with double and triple spacing
2) Make sure you add payment terms
3) Offer a discount for immediate payment on delivery of the goods or services (gross up your real price by 2% or 3% to make some room for the discount)
4) Add annual compounded interest at 12% or 18% to all past due balances.

As far as comments regarding the porn industry - it is my understanding they're all happy endings....  I mean thats what I've heard.


Ebayfisher

  • Salmon
  • ***
  • View Profile
  • Location: Berkeley, CA
  • Date Registered: Mar 2018
  • Posts: 416
A great resource for legal mumbo jumbo  is Nolo Press, nolo.com.  They have a book on small claims which has come in handy in the past.  Good luck.


MontanaN8V

  • I swear it was this big!
  • Sea Lion
  • ****
  • It's BANG TIME!!
  • View Profile
  • Location: Elko Nevada
  • Date Registered: Mar 2009
  • Posts: 6477
Baseball bat. Watch Inglorious Bastards for inspiration.
Live your life, the way you want to be remembered. Don't have any regrets, we only get this one dance to make it count. Start at your eulogy, and work backwards.


TheKeeneroo

  • Salmon
  • ***
  • Eric
  • View Profile FIN + FORAGE
  • Location: Pacific Grove
  • Date Registered: Feb 2018
  • Posts: 781
Make sure that you have explicitly told him he is past due.  Document everything. 

Don't talk to them over the phone, only over email. I would also talk to the referral and let them know the situation and see if they can contact them.

Small claims court does cost money, a few hundred to apply, but you don't need a lawyer.


This is good advice. I work at the largest law firm in the county. #1 rule is document everything. You can't document phone calls (as far as content goes).
"The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails." - William Arthur Ward

There's definitely a fish under THIS rock....

Eric, Pacific Grove
Instagram - @thekeeneroo
Facebook - @Ekeener1
Level 1 Free Dive Cert, EANx
FIN + FORAGE - Founder                  www.finandforage.com


Squidder K

  • On the 7th day God created fishing!
  • Sea Lion
  • ****
  • Old Squidder's never die!
  • View Profile
  • Location: Bremerton, WA
  • Date Registered: Jul 2008
  • Posts: 3516
Baseball bat. Watch Inglorious Bastards for inspiration.

I was thinking more like "Fargo" and the Chipper Shredder...
Kevin Storm
"A bad day fishing, still beats a good day of work!"
Hobie Quest
Necky Kyook
Hero's on the Water
Veteran 36th Infantry Division "The Fighting Texans"
Patriots Fan since 1967
https://www.youtube.com/results?search_query=field+artillery+song


Mojo Jojo

  • Sea Lion
  • ****
  • View Profile
  • Location: Tillamook, Oregon
  • Date Registered: Apr 2016
  • Posts: 2043
Baseball bat. Watch Inglorious Bastards for inspiration.

I was thinking more like "Fargo" and the Chipper Shredder...
That’s a little harsh unless you put a horses head in there bed first!


2013 Jackson Big Tuna.........Ours
2011 Native Mariner Propel 12.5...His
2015 Native Slayer Propel 13.......Hers
20?? Emotion ,Sparky.....7 yr old grandson's
Event Coordinator
Heroes On the Water
North Oregon Coast Chapter
Team C.O.D. FISHING (Crazy Old Dudes)just for forum fun challenges


Squidder K

  • On the 7th day God created fishing!
  • Sea Lion
  • ****
  • Old Squidder's never die!
  • View Profile
  • Location: Bremerton, WA
  • Date Registered: Jul 2008
  • Posts: 3516
Baseball bat. Watch Inglorious Bastards for inspiration.

I was thinking more like "Fargo" and the Chipper Shredder...
That’s a little harsh unless you put a horses head in there bed first!

You only have to do it to one, its not like you go after everyone, the words get around fast! 
Kevin Storm
"A bad day fishing, still beats a good day of work!"
Hobie Quest
Necky Kyook
Hero's on the Water
Veteran 36th Infantry Division "The Fighting Texans"
Patriots Fan since 1967
https://www.youtube.com/results?search_query=field+artillery+song


Duckguy

  • Salmon
  • ***
  • View Profile
  • Location: Anchor Bay
  • Date Registered: Nov 2014
  • Posts: 625
+1 on the Nolo Press suggestions. Real good source for DIY legal stuff.
Warning! Retiree; Knows it all and has plenty of time to tell you about it.

Santa Cruz Kayaks Raptor G2