client not paying – need advice!

[Kenton Vannatten]

“will these little micro payments every so often help her in SCC if it goes that far?”

Absolutely, and she probably knows that.

If she is paying “all that she can when she can” and can prove that, then I don’t think that any judge will rule to make her pay more and more often.

I got behind on a car payment a number of years ago and couldn’t come up with the minimum monthly payment for a few months – the collections/loan officer told me, “if all you have is $100 pay that because it shows that you’re attempting to pay off the debt, they are less likely to go into collection/repossession if you can show that you’ve been attempting to make payments.”

Kenton VanNatten
Avid Editor (for hire)

[David Roth weiss]

[DeAnna Villalobos] “My question is :
* Now that I have told her to Cease & Desist using all materials – what do I do to enforce it?
I don’t think she will actually take anything down or stop using any materials, judging from her response.. (and lack thereof) “

Too late now DeAnna, you should have asked this question before sending an open-ended threat. Threats made without a very clear and precise “call to action” are always ignored.

That stated, in a few days you can rectify that mistake by reissuing a registered hard copy letter, that gives the client exactly three days to respond or to pay in full before you file a civil action in court seeking the amount you’re owed, plus treble damages, and a court order to cease and desist until all balances owing are received.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™

A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.

[Jim Harvey]

“Should we infer from this that you live in a not so nice town, Jim?”[Nick Griffin]

Hey there Nick! Well I live and work in New York, so maybe the answer to that is “yes” LOL!

I suppose that I should have said NEW clients. Of course we all have clients that are solid gold and we have our own payment arrangements with them because we know that we can TRUST them. Trust is something that is EARNED not automatically given. In the case of new clients, a solid expectation and explanation of fees and payment is essential to establish trust and future goodwill. Once you’ve established a good solid working relationship with a client, then you can modify your payment plans accordingly. However, there is NOTHING wrong with expecting payment in full a the conclusion of a project and delivering that project only when payment has been remitted. I don’t think that’s being a harda$$, just a good businessman.

You don’t get to drive the Ferrari home unless the dealer has been paid in full. (The Loan is from the bank, the dealer gets paid in full)

Jim Harvey
JHV Digital

[Ron Lindeboom]

[Nick Griffin] “Am I in a distinct minority, working for many of the same people over and over again?”

Like you, Nick, we work with mostly the same people, over and over and we do not demand payment up front nor always at the completion of a job. Sometimes we do, depending on the job, but many times, we do not.

Also like you, all new accounts go on contract and pay either a substantial down payment or payment in full. On occasion, we have opted for a 1/3rd down, 1/3rd when job is half finished and the final 1/3rd upon completion and before delivery.

That places us in a distinct minority too, I guess.

;o)

Our best to you and Deb,

Ron & Kathlyn

[Jim Harvey]

Ah David, you restore my faith in the human spirit, but not, unfortunately, in the judicial system. I’m not saying that every SCC case will result in an erroneous decision, but I AM saying that for $500.00, it’s just not worth the time, most of the time. Perhaps the judges in LA are more “judicial” but I can assure you that having the proper paperwork is NOT a guarantee that you will prevail in New York State. We have worked with many lawyers who have lost cases that were “ironclad” with contracts and paper trails and the horror stories that come out of those hallowed halls are enough to make one think quite decidedly before attempting to bring a suit for a small amount of money. Additionally, what many people don’t understand is that even if the decision goes to the plaintiff, that in itself is no guarantee of payment and the amount of time spent tracking down the money will STILL cost you more than you were originally owed. Maybe it’s just that we don’t have the time to diddle around with what we perceive will be a total waste of time (cynical New Yorkers and all), but I think that if you learn a good solid lesson by being burned for 1/2 a K, then it’s money well spent.

Spending an entire day in SCC COSTS YOU more than you’re likely to recover in the long run, which was my original point although I did not make it so succinctly.

Jim Harvey
JHV Digital

[David Roth weiss]

Jim,

I do think there is a cultural difference at play here between our two coasts that accounts for our differences on this matter. In New York, where the likes of Bernie Madoff are bound to win awards, and where going to court requires squeezing into a sardine can called a subway, small claims may be more of a nuisance than it’s worth. Here in L.A., where you might meet a girl or land a gig on a new TV pilot wherever you go, small claims is a whole lot more enticing.

David

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™

A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.

[Deanna Villalobos]

Everyone has given such great thorough advice – thanks for your time & knowledge!

I am not all fired up on taking her to SCC, really… only if I really feel it will be beneficial..

BUT – my main concern now is that she is using everything related to the project that I created for her without paying for it all in full.

So, I am looking more into the C&D – what I need to do to get it enforced.. civil court and all.. if she pushes it that far.

Even if I don’t get paid fully, she should not be using the DVD and all graphic materials.

Thanks again!
DeAnna

[Jim Harvey]

BINGO! If I knew you could meet chicks at court, I’d have sued you long ago! Of course, Mrs. Harvey would then haul me into the BIG Courthouse and I’d be back at that underpass on the Cross Island Parkway….

Jim Harvey
JHV Digital