"Non"-Payment from a project
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- geoffism
Curious if anyone had been through this. I completed a freelance project for a client. This project was basically a handshake agreement, nothing real formal. Finished the project and invoiced a couple weeks later. 30 days go by, I send a couple emails and call, get nothing back. At 45 days, I resend the invoice and call, still nothing. I then called from my work line, managed to catch the guy on the phone, tells me the check has been mailed. I receive it a couple days later, only to have it not match up to the invoice total. In fact, its less than half. In the "for" line, it says "For web services in full". Obviously, i'm getting screwed? Do I have any recourse? Any suggestions?
- amongthemasses0
Your recourse is using contracts from now on.
- also search the filter. lots of threads on this.amongthemasses
- canuck0
Do you have ftp access to the site still?
- geoffism0
nope, they changed it.
Yeah, small lesson learned about contracts and SOWs. I've known this guy for like 4 years. I was part of an AiGA group with him. Totally shocked by this.
- xhanubis0
Well I make sure to get 50% up front, before I even turn my computer on. Contracts are effective if you live somewhere where its worthwhile to sue someone $5000 or less.
I don't so...its 50% up front, 25% when we sign off...and the rest after we go live.
- richardkark0
yeah, friends, family, acquaintances--everyone will screw you.
- akrokdesign0
that sucks, hope it works out.
- ukit0
Talk to Meeklo - didn't he successfully get paid by a client who was stiffing him?
- geoffism0
Oh yeah? that's good news. Its just the constant avoidance that bugs the hell out of me. Be a man. run a business. they are supposed to be a "green" company.
- acescence0
post his name, qbn gets great google ranking :)
- tparsons0
Did you cash the check? If so that means you agree to payment in full. Basically accepting it as a contract.
This kind of stuff pisses me off beyond belief... get an attorney and give it to the guy...
- geoffism0
nope... haven't cashed the check. not really in the mood for a lawyer pissing match. Total invoice was for $5325 and he sent me a check for $2500.
- He's played this game before and legally knows he's done if you cash it.tparsons
- That's bullshit. Annotations on checks mean nothing.boobs
- i always put "sensual rubdowns" on my friends' cheques. they tell me they get the best lookslobstarr
- My personal checks have kittens on them and the line: "Okay, who farted in here?"Knuckleberry
- ukit0
But what's the deal - did they give an explanation. Just paying half an invoice, that's a slap in the face.
- blaw0
With nothing in writing you are probably screwed. So why not give it one last try. Get him on the phone or stop by his office to discuss the situation. Find out why he paid less than half the bill.
- If he's definitely not going to pay in full, offer an amount somewhere in the middle. You might luck out.blaw
- If nothing else, call him out for being unprofessional.blaw
- There's a lot you aren't saying, like was it an agreed upon price or was it hourly and ended up way more ...blaw
- ... than he budgeted, so I'm just assuming he's trying to screw you.blaw
- And, of course, don't work without a contract ever again.blaw
- Sorry for the notes. My post was triggering the "improper content" bug.blaw
- fyoucher10
I'd call him more frequently about it or go to his office or send a payment notice.
- geoffism0
yeah, zero explanation. The check just came in a envelope without anything.
Unfortunately, I can't stop by. I live in NYC now an they are in atlanta (where I used to live).
- mjg0
and then publish his name.
couldn't you also refer it to the attorney general or bad business bureau where you live?
- SoulFly0
You must have the amount agreement mentioned on an email at least?
Even if you don't take him to small claims court.
Have a lawyer send a letter to show him you go through with this.
Half the agreement is a lot of money.
You did your work in good faith and don't deserve this, contract or not.- I do have the email that states my "estimated hours" and hourly rate.geoffism
- geoffism0
yep. that I can do. I was trying to resolve this first. a good friend recommended D&B. A "ding" on their report when they apply for credit.
- SoulFly0
You can actually use the check against him, because he is using it for you to accept as a contract. That is unusual to write "paid in full" unless you are paying a credit card in full or something... who writes paid in full for services??
I was on the bank line one time, and the teller wouldn't cash a check for someone because the payee wrote some sort of "contract" on the check, like "if the person cash this check she agrees to something".
Get a lawyer involved, it won't hurt.
