* Legal Advice / Bad Client
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- kodap
I have already posted in Illustrationmundo.com as well as the society of illustrators forums, but I need to spread it so the most possible online fellow illustrators / creatives / freelancers can see what's happening.
Here goes my issue: (long story, sorry for taking your time, you'll understand my disappointment)
I have made in March'07 3 pages of illustrations for a Canadian magazine (through my Rep - always CC'ing back and forth, all the normal procedures...).
My Rep trusted me to contact directly the mag's art director (her english skills are poor) and so we completed the illustrations assignment in about 4 days, no hassles everything cool, although not my favorite work --far from it - I had to Rip parts of a CC photo* as requested Embarassed and they refused to refer the original as Creative commons license tells to - but whatever, it was really worth the money and the client liked the finals....The payment schedule was due by the time magazine was released - in May. So far so good... I should be fine with this, but my Portuguese Rep doesn't have much experience on foreign affairs, so I always stayed alert for this particular assignment.
So now the problem starts here: My Rep didn't make any contract / legal assignment on paper - all by email, and when the client was supposed to pay, they have sent a letter informing the delay of the payment for more 120 days ("bla' bla' bla' finance problems and excuses...")... So I think: "I will have the money in September/October... I can live with it but it's hard not to get pissed..."
End of September / October: I made some pressure so my Rep sent Mails asking for the status of payment + phone calls (not answered) - I even called, but they figured the country code and still didn't answered. (smart, huh?)
Finally at the end of October, we had a new answer: "bla bla ... we're sorry... we're still having problems... bla bla.. we are searching for an investor.. blah bla dsdlsakj"
Yes, I got fed-up will all this situation and my last resort was to force my Rep sending a last call or consequences would happen if payment wasn't made before Nov.30 .. after I even suggested a payment divided in two parts so it could be easily solved... I'm losing my grip with my rep now..
I know my Rep is dumb on some matters like this one.. and I even wrote a lot of emails for her because she's not the best english speller and I feel that if I didn't have the client's contact she'll probably excuse herself because of her lack of persistence and negotiation skills... whatever, not the main problem - I have to face this situation now by myself.
Now with all this said, I want to avoid on a first instance, a court / legal action, so I can make them see I'm taking proper measures to receive the money they owe me. - on a second note - I want to frighten them and let them know I have spread the word through all illustrator communities, portals, etc... that they are bad clients - Obviously pointing in 'caps' and 'shouting loud' the Magazine/company name so the most illustrators possible know who they are and what they're doing.So my questions follow:
* Where should I fill or recur to a more informal complaint ? - I'm in Portugal and They are based in Canada - so I need some links or contacts to Canada's government bureaus or citizen care stuff to approach this situation (which is basically 'not paying a costumer for requested services') and complain more quickly ?
* I also need some directions on where I can find legal stuff regarding Canada's legal issues like this one. Please, simple and easy stuff for my brain...
* And for last I will need your help spreading the word if I can't get them pay me before the end of first week of January- last call will be!).I have already dumped my Rep for handling international clients for me (she sucks on this), and I'm starting to contact all illustrators that have been / are involved with this magazine.
However and despite all my contained anger, I'm acting with precautions and with a step at a time, so I can't screw myself up and they don't get out of this laughing at me.
Sorry for posting, but I feel the need for it: The magazine/editorial is O r a n g e _ Life (misspelled on purpose to avoid searches just for now)
Thanks for your time, I appreciate your help and input on this matter that surely has some concern on your universe.
- monNom0
That debt is likely uncollectable at this point.
The government organizations work exclusively for Canadian citzens AFAIK, and don't do much for us anyways. You could spend some money on a lawyer, but that's probably throwing good money after bad.
write it off as a loss if you can. The time/money required to chase the debt down will be much greater than the 4 days work lost. Sounds like the magazine is insolvent anyways.
- AndyRoss0
Yeah, that's a drag.
- mbr0
yeah, it's just 4 days. I'd probably just let it go.
Next time get at least 50% up front. I will not work on new projects without that and a contract (50% up front is a better gesture of good faith than any contract).
I'd suggest doing a 30, 30, 30, 10 break down too. This way, you get 90% of the fee before you hand over the finals, making sure that you are at least mostly paid before they have files they can print from.
If a client refuses to do this, walk.