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Archive 2011 · None Payment What Can I do?

J ADEE
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p.1 #1 · p.1 #1 · None Payment What Can I do?

For the last three years I have worked as a freelance photographer/writer for a National print magazine, currently I am listed at the ATV/UTV Editor. Currently the publication owes me 1750.00 for the last 6 articles I wrote over the last 4 issues. Is there anything I can do legally to try and get paid?

When I first started getting published I was not worried about the money since at the time I had only been into photography for less then a year. I have always had problems getting them to pay but now it looks like they are not going to pay and I want to make them PAY!

Jun 27, 2011 at 07:45 AM

cineski
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p.1 #2 · p.1 #2 · None Payment What Can I do?

As a writer I personally don't know. Have you contacted them?

Jun 27, 2011 at 09:09 AM

J ADEE
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p.1 #3 · p.1 #3 · None Payment What Can I do?

Yes. I send invoices with every article. They know exactly how much they owe me they just wont pay. Just wondering if there is any legal action I can take.

Jun 27, 2011 at 09:40 AM

keithdunlop
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p.1 #4 · p.1 #4 · None Payment What Can I do?

What does your contract say about payment terms??

Assuming that the client is overdue on payment, you have a solid contract to stand on (or at least have an email paper trail to establish your claim), and the client has ignored your attempts at collection, you could always take them to small claims court. $1,750 is probably well within the statutory max for your area.

Jun 27, 2011 at 10:25 AM

J ADEE
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p.1 #5 · p.1 #5 · None Payment What Can I do?

When I first started writing for them I was told I would be paid after the issue went to print. This never happens. I stuck with this magazine just because it was a nationally sold magazine and the exposure at the time was worth it. Now that I have been with the magazine for over three years I am done with the frustration of trying to deal with them.

Jun 27, 2011 at 11:49 AM

cwebster
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p.1 #6 · p.1 #6 · None Payment What Can I do?

The important question is: Do you have a contract? Or any written communication that can be construed as a contract?

If not, you may just be out of luck unless you can prove that they promised to pay in a timely manner.

<Chas>

Jun 27, 2011 at 12:15 PM

jefferies1
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p.1 #7 · p.1 #7 · None Payment What Can I do?

Send a invoice with a receipt to prove they received it. Have a payment due date listed. After that file in small claims court. You will likely win but that does not mean you collect any money. After you win you need to file a lean on the company and if they try to sell the business they will pay to clear it.
I would try to work out a payment plan first and see if that works.

Jun 27, 2011 at 12:17 PM

Savas K
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p.1 #8 · p.1 #8 · None Payment What Can I do?

Figure into your collection plans the advantage of keeping them as a reference for getting work elsewhere. This could leaven your approach so that you do ultimately get paid and maintain the reference as well. Politely disengage if and when you are obtaining sufficient work elsewhere; your availability as an asset to them will naturally be limited and they'll still be able to give a good reference.

Jun 27, 2011 at 12:56 PM

jdben622
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p.1 #9 · p.1 #9 · None Payment What Can I do?

I've always found that those that completely blow off their payment obligations make superb references.

Jun 27, 2011 at 01:18 PM

drew.bowser
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p.1 #10 · p.1 #10 · None Payment What Can I do?

Certified letter and if that doesnt work then have an attorney draft the letter. Like others said, small claims is a last resort. My guess is that your contact is a jerk, maybe talking to his boss will work things out.

Jun 27, 2011 at 01:30 PM

Kittyk
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p.1 #11 · p.1 #11 · None Payment What Can I do?

6 articles, 1700$?

Jun 28, 2011 at 03:52 AM

J ADEE
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p.1 #12 · p.1 #12 · None Payment What Can I do?

If there ever comes a time to where I need this magazine as a reference to get a photo gig I would not be interested in that gig. I deal directly with the Publisher/Editor of the magazine, he is the one jerking me around. I have started adding late fees to all invoices 30 days passed due and will continue to charge them till it gets high enough it will make it worth it to file in court.

6 articles, 1700 yes, I dont do it as a living just a paid hobby.

Jun 28, 2011 at 11:41 AM

keithdunlop
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p.1 #13 · p.1 #13 · None Payment What Can I do?

J ADEE wrote:
When I first started writing for them I was told I would be paid after the issue went to print. This never happens. I stuck with this magazine just because it was a nationally sold magazine and the exposure at the time was worth it. Now that I have been with the magazine for over three years I am done with the frustration of trying to deal with them.

I'm going to assume that you have no contract with the magazine because a couple of responders have asked you, and you have been silent on that issue. So absent a contract, do you have any of the promises to pay in writing? Emails? How will you prove what the payment arrangement is?

What I'm really baffled by is, why on earth would you tolerate non-payment issues for over three years! All you're doing with that behavior is setting yourself up to be taken advantage of.

It's time to be a professional and put your big-boy pants on. Send a certified letter demanding payment on all past due bills (and no you can't arbitrarily add late fees if you have no prior agreement regarding that), and state that you will pursue all legal remedies if they continue to ignore you.

Finally, stop doing anymore business with this client.

Jun 28, 2011 at 04:34 PM

SoloHiker
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p.1 #14 · p.1 #14 · None Payment What Can I do?

As others have stated, first send them an itemized final invoice for what they owe you, indicating past dates and invoice numbers. Send this registered mail, and give them 30 days to respond. On Day 31, send another registered letter demanding payment, indicating that you will be pursuing legal remedies if payment is not received. Also give them other payment methods to show in court that you've given them different options to pay. For example, sign up with FreshBooks.com; clients can pay in a large number of ways. If they haven't paid 30 days after the second registered letter is received, take them to court. $7k might be too much for small claims in your area, so be sure to look into that.

Also, stop using them (this one is obvious). If there is a local Better Business Bureau where they are located, file a complaint there, as well. Just be sure you have all of your documentation in place.

Jun 29, 2011 at 11:52 AM


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