Forum Replies Created

  • Deanna Villalobos

    August 7, 2009 at 12:54 am in reply to: client not paying – need advice!

    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

  • Deanna Villalobos

    August 6, 2009 at 9:34 pm in reply to: client not paying – need advice!

    The latest update:

    * I have quit calling her and am communicating only by email.
    * I sent her an email today stating that due to the lack of response to my calls and offers of payment plans & other choices (collateral) : I have stopped all work on the project until payment arrangements are made.; I will be holding the final DVD until final payment is made.; She must immediately discontinue the use of all materials I have created for her in relation to the project until full payment is made. (dvd cover,label, graphics,etc as well as the DVD itself – even though it is really not 100% complete, she is still trying to sell it – I’ve checked her sales page)

    * her latest response is that she is glad we are emailing because is shows she is responsive; she is glad she is paying me ($40 when she gets around to it) because it shows she is paying…. yada yada… and that she is coming up with a “document” for me.

    She is stringing this out and being as smart as she can to cover her end. She is playing me like a fiddle.

    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)
    * will these little micro payments every so often help her in SCC if it goes that far? (i don’t want it to, but we’ll see)

    Looks like i’m up the river on this one. What do you think?

  • Deanna Villalobos

    August 6, 2009 at 3:14 am in reply to: client not paying – need advice!

    Thanks to all who have responded – I really appreciate all of the sound advice.

    Although I do agree with the idea of not wasting negative energy on this “grinder” – I am still in the Fight Back mindset at this point and am willing to do what I can with minimal focused energy.

    Brendan – thanks for the link to the Cease letter…I am taking a look at using that now. My last concern at this point is offending the client – I just want to wrap this thing up the best way I can with minimal loss.

    I am finished trying to call her – I will be writing her via email and by post. We’ll see what reaction I get – I’ll be sure to let you know! Going to try the C&D letter, plus give her an option of payment.. I’m even willing to offer collateral, so it’s not like I havent been offering alternate routes, which is more than most would do. She has refused, so I’m taking the next step… we’ll see!

    thanks again,
    DeAnna

  • Deanna Villalobos

    August 5, 2009 at 4:59 pm in reply to: client not paying – need advice!

    Hi guys – Thank you so much for your quick response and knowledgeable advice – it is very much appreciated!

    UPDATE: This morning I checked my paypal account, to find she had sent over a little $40 payment. She didn’t let me know she was going to do that – no call/email.
    Due to her recent behavior – not wanting to speak by phone – avoiding me at all costs… I think this is yet another ploy to string me along. So she can show that she is being “responsive’ and doing her part to pay.

    But at this rate, it will take months to finish off a little $500 balance!

    Meanwhile, it looks like she is trying to use the disc I gave her as her product.. as well as all of the graphic work I did – to market and sell her product. So, this is her way of pacifying me while she uses the work I did for her.

    * Can I use the fact that she has not paid in full and therefore should not be using my work – as leverage?

    I was thinking of sending her a letter – stating that her final disc will be released upon final payment; AND that any use of ANY graphics I created for her is forbidden until final payment is paid.
    * she is also using a short sales video I shot for her on her sales/squeeze page.

    What do you all think?

    I totally understand and can appreciate your advice to chalk it all up as lesson learned – and I am, believe me… but, times being what they are and little mouths to feed at home… this little $500 is alot for me right now. I just want to exhaust all options before I give up.

    Any other thoughts on small claims?

    thanks again guys!!
    DeAnna

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