Jump to content

Contracts and Non-Payments


Erob

Recommended Posts

Having a bit of an issue with past client of mine and curious if this has happened to anyone else and how they've handled it, or any tips on how to resolve the situation. Since most of my work has been for the production company I work for regularly and I've only started freelancing for real the past year I haven't had a contract for any of my freelance gigs. I just went in with blind faith that they would pay me, or I wouldn't deliver the audio (most times I'm just emailing it over after the shoot, no DIT or anything on these small gigs). I've learned my lesson from that blind faith though, did a shoot back in November for a documentary in the area and I still haven't been paid for it. Every time I reach out the Director/Producer she gives me the run around, shes sick, then sick again, this week it was her A/C is broken so shes waiting for someone to come fix it (not sure what that has to do with paying us though). I got my buddy on the shoot as the Gaffer and he hasn't been paid either, so naturally as the person who got him the job I feel bad about that too. It's now been over 8 months and still nothing...

 

Any tips on how to deal with it would be appreciated. Going to start emailing her every day until I get paid I think. 

 

This brings me to part two here, do you all normally have who ever is hiring you sign a contract for you? I've worked for some people who have their own, which covers both sides but just wondering if it's normal to have your own to give the producer or whoever to sign just to be safe? Also is it ever accepted to ask for a portion of the payment upfront? 

 

Thanks! 

Link to comment
Share on other sites

Do you have emails saying how much she was going to pay you?  If so, I'd give her a deadline to pay you otherwise tell her you are going to take her to small claims court.  If she doesn't pay, take her to court and make sure to bring documentation of every correspondence you've had with her.

Link to comment
Share on other sites

If you haven't already, check out the great free articles and inexpensive books from the lawyers at Nolo.com (my first call for basic legal/biz info). A couple places to start:

 

Small Claims Court and Business Disputes

Resolve disputes and collect debts in small claims court -- without a lawyer.

https://www.nolo.com/legal-encyclopedia/small-claims-court-business-disputes-29568.html

 

Small Claims Court & Lawsuits

https://www.nolo.com/legal-encyclopedia/lawsuits-court

 

Pay special attention to the articles discussing when you should sue, can you collect, and how to write a demand letter.

 

Their book, "Everybody's Guide to Small Claims Court" is great. And it emphasizes how to resolve the issue before the hassle of court while still preparing you if you do end up in there. It's available at lots of libraries, btw.

 

Even if the dispute is above the limit allowed in your state, the info above (esp the demand letter stuff) will help orient you and move you along even if you end up consulting a lawyer. 

 

Good luck!

 

 

 

Link to comment
Share on other sites

My advice will be the opposite to most others...forget about it.  Claim all expenses for your taxes against a loss for the amount you are owed, and then move on with your life. 

 

"By the time you see a dime, it won't be worth a nickle." 

 

This client is never paying you.  Ever.  Every calorie you spend worrying about it, or stewing, or contacting her, is energy lost on a paying project, one where you applied your tough lesson and used a contract and got money up front.  And don't be sucked in by the rest of us who want this producer to be taught a lesson through a court action so we don't get screwed in future: she won't learn it. You aren't here to do the rest of us any favours, you are here to manage your own career.  Time is money, and wasting time on a small job you did 7 months ago is throwing good money after bad.  

 

Learn the lesson.  Apply the lesson. Move on. 

Link to comment
Share on other sites

For me, the decision on whether to actually go to court would depend on the amount of money involved. Small Claims isn't all that much work (though collecting can be). But a legal demand letter is pretty simple to write and send and can sometimes provoke payment (did for me two times). And my understanding is that having copy of a demand letter will be helpful for your tax records if you decide to write off the loss and ever get audited (and I was told that taking a bad debt deduction can push you closer to an audit).

 

I agree that you want to calculate your ROI here. 

Link to comment
Share on other sites

For what it is worth, I found that letters (emails now) and threats of legal action didn't work - but going round to the production office and seeing the person who controls the finance sometimes does. People who are very brave and dismissive on a phone can be quite timid face to face with you. But always be polite - firm but polite.

Link to comment
Share on other sites

Not disagreeing with you. My experiences are just a couple of data points (and I was told to send a demand letter, which in the US has a sort-of specific meaning). We also have to factor in if the person/prodco actually has an office, has assets, is nearby (helpful), and isn't an experienced and intentional scammer/crook. For me, the people were basically disorganized and dismissive. 

Link to comment
Share on other sites

  • 2 weeks later...

Appreciate the reply’s. Quick update, I was paid (the only one from the production I believe). I just stayed on her and continued to remind her how unprofessional it is to not pay your people and she eventually venmoed me the money.....even though she had us set up direct deposit. Got paid so that’s all that matters I guess. Not working with her again. 
 

still curious about the second half of my question, do any of you ask/receive payment up front? Is that a normal thing to do? 

Link to comment
Share on other sites

I don't usually get paid upfront. I invoice and receive payment in 30 days.

I did get payment right after one gig when I recorded a stand-up comic at a club. The cameraperson I was shooting with insisted on this. In hindsight it was a cheque and could have bounced. It didn't.

Some people suggest upfront/end of day payment when a foreign prod. co. comes to shoot in your country. I have generally gone with trust on this one (with US companies) and have had no issue <knock on wood>.

I have only missed out on a day's pay when the prod. co. went bankrupt in a #metoo scandal.

I'm glad you finally got paid Erob.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...