Contract Customer Did Not Pay Broke Contract

[onespirt]

I wrote 40 articles for a customer I have a contract with for $5,000. When it came time to pay he said he was having financial difficulties and that he could pay me $500 and two weeks later could pay me $2,100 and we could work out the rest. Two weeks later I invoiced him for $2,100...no reply....no reply since then. I have contact two attorney's with no response. Can anyone give me advice? Thanks.

[AG1976]

If you have a written contract, then I'd keep trying to reach an attorney. Maybe do a Google search of ones that specialize in this area. I'm sorry that this happened to you, and good luck!

[onespirt]

Hey I see you're from Pennsylvania. I'm originally from Pittsburgh. What area are you from? I contacted two attorney's with no response from either one. This would be I think an intellectual property case.

[Jenna P]

It would be breach of contract and you would have to take it to small claims, but it may not be worth it for this amount.

[beanandpumpkin]

I'd write a letter threatening to report them to the attorney general in their state, the BBB, etc. Here's a letter I wrote to a magazine that did not pay as agreed. I had full payment within a week.

Dear XX,

In looking over my records, I have found that XXXX Magazine is delinquent on payment for one article, and coming to that point on another. The two articles in question are “Title 1,” which ran in June (publication date mid-May), and “Title 2?” which ran in August (publication date mid-July). Here is a record of communication between you and me regarding payment for these two articles:

(list of dates and details of communication to this point.)

As of this writing, it is September 4, and I have not heard back from
you at all regarding this matter. The agreement was that I would be paid within 60 days of publication. At this time,it is nearly 120 days past publication for the June article and nearly
60 days past publication for the August article.

Unfortunately, because these questions have gone unaddressed and
because there is a clear pattern of inattention to this matter, I have
drafted a letter detailing our correspondence to be sent out to
WritersWeekly.com (the largest freelance writing ezine in the world),
to the National Writer's Union, to the Better Business Bureau in
Maryland and to the Maryland Attorney General's office. These letters
will be sent in 10 business days if payment is not received for the
articles published in the June 2012 and August 2012 issues of XXXX Magazine. I have attached the invoices again for your
convenience.

Thank you in advance for your prompt attention to this matter.

This was on the WritersWeekly.com forum. The forum seems to have been taken down, so I can't link to the page, but I believe I only tweaked it slightly. Depending on the industry he's in, you might be able to add whatever association or agency oversees it in that state. Remember to use his state, not yours. It only costs you the stamp (though you could and probably should send it return receipt).

Good luck!

[AG1976]

Originally Posted by onespirt

Hey I see you're from Pennsylvania. I'm originally from Pittsburgh. What area are you from? I contacted two attorney's with no response from either one. This would be I think an intellectual property case.

Just outside of Pittsburgh! Small world!

[prosperg]

Originally Posted by onespirt

I wrote 40 articles for a customer I have a contract with for $5,000. When it came time to pay he said he was having financial difficulties and that he could pay me $500 and two weeks later could pay me $2,100 and we could work out the rest. Two weeks later I invoiced him for $2,100...no reply....no reply since then. I have contact two attorney's with no response. Can anyone give me advice? Thanks.

I hope you receive your money. Just a word of caution: in the future, only write in parts. For example, first write only five articles and invoice the client. When he/she pays for the first five write five more and wait for the client to pay, and so on. NEVER do additional work until the previous work is paid. Just like the client test you, it's important that you test the client as well. Forty articles is a lot to write in advance without some type of confirmation (besides a contract) that the client will/can pay. Pre-payment is another option....Good Luck!

[Jbug]

Sorry to hear that. I hope you keep being a pain in their butt until they pay up.

That’s the dark side of doing freelance writing online; there’s so many sketchy types to watch out for, especially when you’re starting with entry-level work.

Most of my experiences have been good. However, early in my career there were a few instances I had to contact Upwork to sort things out.

Since then, I always vet my clients carefully, by checking their freelancer ratings and how much they’ve paid out so far. Stay safe guys.

[J.H.]

This hurts to read.

I'm sorry to say it, but this usually ends with the freelancer (you) not getting the rest of your money.

Unless you have a lawyer that can put constant pressure on this person, it's best to just take it as a harsh learning experience and move on (I've been there).

Always vet your clients, people — especially online!