Overdue Invoice - How do I get them to pay me??

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Permalink Reply by Mike Elmore on October 1, 2008 at 2:45pm

I would call them and tell them that YOUR book keeper/counsel is breathing down your neck (look in the mirror and blow air downward toward your throat/neck area)...and tell them that YOU want to try to keep THEM (your bookeeper/counsel) out of the whole "we want our money" type thing. So..."Hi...it's me again. Listen *(insert above)..so I just wanted to check with you all one more time to see what the status is here....My book keeper is pretty flexible because we know that LARGE COMPANIES like yourselves sometimes cut checks only once and month and so forth...but this is going on A HALF A YEAR...lol....ya know?? And I keep saying "just let me handle it...they are are REALLY NICE PEOPLE..........SO ON AND SO ON...

Did this paperwork say any place in it that you would not be paid until THEY got paid???? If not....I would throw that at them...tell them that YOU ARE SORRY THEY HAVEN'T BEEN PAID....THEY SHOULD BE SORRY YOU HVEN 'T BEEN PAID....them not paying YOU is just like THEIR client NOT PAYING THEM?>>>>

Permalink Reply by Nicola Barber on October 1, 2008 at 6:04pm

Thanks Mike. I don't have a copy of the buyout agreement that I signed. BIG oversight on my part - I'll NEVER do that again.

Thanks for your response.

Permalink Reply by Donna Summers on October 1, 2008 at 3:05pm

Nicole, unfortunately it's not that unusual to have a job go six months without payment. But I would definitely NOT let up on them. The squeaky wheel really does get the grease. Ask to speak to the accounts payable manager and to the person that actually hired you. Ask the accounts payable person to call the client who owes the money, explaining that you are SURE your client must want their money by now, too! Call every Monday or whatever day suits you. Be friendly. But be firm. This is a business and you fulfilled your end of the contract.

Tell them your bookkeeper is going to turn it over to collections if it isn't paid within a certain time. Or tell them your friend who is an attorney would be happy to call their client on behalf of both of you if they think it will help. Yes, I know it's a bluff, but it can work!

And about being nice and not pissing off anyone....if they don't pay you in a timely fashion and have no explanation why, do you really want to work with them again?

Good luck,

Donna Summers

Permalink Reply by Nicola Barber on October 1, 2008 at 6:05pm

Thanks Donna. It's a pretty small company so they don't have departments per se, but I'll certainly keep "squeaking." Thanks for your ideas.

Permalink Reply by Terry Daniel on October 1, 2008 at 5:40pm

No excuses for this delinquent of a payment. First off, you should always try and get 50% up front. It's obviously too late for that. I use a collections agency to do all my dirty work. It's a pretty easy process but they do take a %, IF they can get the client to pay. In my mind, it's better than getting nothing at all. Good luck, Nicole! I hope you do get your payment! :)

Permalink Reply by Nicola Barber on October 1, 2008 at 6:06pm

Nice. I'll definitely look into that as an option if this drags on for much longer. Thank you.

Permalink Reply by S. Michael Leier on October 1, 2008 at 7:45pm

Hi Nicola,

I don't know if this helps, but a similar thing happened to me. I told them that they were in violation of copyright rules if they use the vocal without compensation, and that using the vocal without payment was actionable in court. I'll be honest, I have no idea if this is true, but it scared them enough to apologize and pay me. The amount they owed me was much less then $800. You did the work and deserve to be paid. I too was worried about burning bridges, but then I came to the realization that if I had to fight to get paid everytime I did work for them, that maybe I didn't want them as a client in the first place.

By-the-way that same client contacted me a week ago just to say hello, and was very friendly.

Hope this helps...Talk Soon,

mike

Permalink Reply by Liz de Nesnera on October 2, 2008 at 2:59pm

Hey Nicola.
I would send them a registered, certified return receipt requested letter with a copy of your invoice with a big red PAST DUE stamp on it
Tell them that your invoice is XXX days past due and that if you don't receive payment by XX/XX/2008 (say 7 days after you dated the letter) you will have to "turn this matter over to my attorney."

You say you don't want to get anyone angry, but this is buisness. You didn't do them a favor by doing your job, you did a job for them, you provided a service. Now you have to decide if they are worth keeping as a client or if you just want to get paid on this job and not work for them again if you have to wait 5 months for payment everytime.

I also think talking directly to the person you worked with, and not just the receptionist, is a good idea.

Just my $.02 :-)

Keep us posted!

Peace!

Liz

Permalink Reply by Nicola Barber on October 2, 2008 at 4:11pm

This discussion is generating some really good basic advice for anyone, ie:
1. Always get a copy of your paperwork
2. Get percentage up front if possible
3. Don't be shy: it's YOUR money

Or at least, that's what I'm taking from it so far. I called them today, bolstered by your responses. They told me the client has sent them payment and they expect to receive it this week. I'll just keep calling till I get a check...

Thanks all!!

Permalink Reply by Michelle M. Summers on October 7, 2008 at 1:46pm

I definitely agree with the comment below. They are in violation of copyright rules if they use the vocal without compensation. Using the vocal without payment is in fact actionable in court. This is 100% true. You own the rights to the voice over until payment is made in full. This is all that needs be said & ask that they Fed X you the check & provide you with the tracking number - I guarantee your payment will be received within a few days. Always - always get copies of your signed paperwork & always always read the fine print.

I would also suggest having your own deal memo. A simple piece of paper that says I am doing such & such job for such & such company on this day for the amount of - this is a radio/TV/Video (whatever) which can be used at this rate for this long - payment is due within 30/60 (whatever you choose) business days. Have them sign & fax you a copy for your records. Always protect yourself if you are not using an agent.