| User | Thread poster: Anne and Paolo Boidi How to handle a client who is "too busy to pay"... |
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Anne and Paolo Boidi
France
Local time: 22:08
 Member (2011)
Italian to English
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I have a client (a small nonprofit) for whom I did a fairly large translation (45k words) in November. There were a few bumps along the way - the original request was for less than half of the work then an additional 30k words was dumped on with the client seemingly under the impression that this would fall into the category of the first quote... At any rate, an agreement was finally made on the price, and the work was performed as per the client's specifications. They made it clear that we were the only hands to touch this document, so it needed to be perfect. The client seemed very happy to see the final product and said that they would be in touch if there were any questions. I sent out my invoice at that time for the full amount, with 30-day payment terms.
Since then, I haven't had any contact from the client. I resent the invoice on its due date (last month) stating that the bill was due and that I hadn't had had any notice from them since the work had been handed in, and of course that if they had any questions, concerns, comments, or needed to make different payment arrangements that I'd be happy to do so.
Nothing.
When the bill was two weeks overdue, I sent a letter which basically said that I was sure they had intentions to pay but since I hadn't heard anything and the bill was overdue, I felt obligated to explain to them a step-by-step payment recovery method so they would know what to expect if I didn't hear anything from them, which at the very end, of course included sending all of the contracted information to my lawyer and letting his office recover funds.
At a month overdue, I received a note saying that they had been out of the country (for two and a half months? Their website and blog told a very different story!) and that "there are people adjusting the translation" and that they would update me on the situation at a "later time".
I feel a bit lost as to this person's absolute disregard for my work, time, and necessity to pay me for work done. I haven't ever had someone act so nonchalantly about paying a sum which is so clearly laid out in writing and agreed upon (yes, contract). I wrote back that regardless of what has been done with the translation I performed, the legal obligation to pay for the work remains at 100%, the bill still stands overdue, that I take it quite seriously, and since payment has still not been addressed I will continue to recover funds. On Monday I am mailing a registered letter to the client with the lawyer in copy and will call the client later in the week to confirm receipt and "check in".
Is there anything I can do better here? Has anyone had to do this? I dislike chasing clients for money, but I know it's part of doing business... Has anyone had any luck with other methods of payment recovery?
Thanks in advance.
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Sheila Wilson 
Spain
Local time: 21:08
 Member (2007)
English
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| | You're doing all the right things, IMO | Jan 14 |
Hello,
It sounds to me as though you have done everything 100% right. What else can you do? These things happen, but it leaves a very sour taste in the mouth, I know.
If your client is in France too, I suggest referring this to the courts. I used them once to recover 400€ and only had a very small amount to pay in advance for legal fees (I think it was 38€) and almost everything was refunded to me when the client eventually had to pay the entire bill, interest (which I hadn't asked for but got anyway) and all the legal fees. Very satisfying, I must say. All I had to pay for was registered letters etc, plus some of my time. It would also have been a quick affair if the client hadn't stupidly ignored the bailiff's letter. I was totally amazed at the efficiency and simplicity of the process, given that most administration is a nightmare here.
Good luck and don't let them get away with anything at all.
Sheila
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Anne and Paolo Boidi
France
Local time: 22:08
Member (2011)
Italian to English
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TOPIC STARTER |
Looks like bureaucracy was in your favor this time! Unfortunately for me, my client is in Italy so I can't use France's system. Luckily we have a very good friend of the family who is an attorney (in Italy) so this won't cost us much... though maybe he will know of a more time and cost-efficient way to settle this more quickly. Or maybe, just maybe, the client will end up with a lawyer's letter in their hands and realize that it's time to pay up. *fingers crossed*
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Sheila Wilson
Spain
Local time: 21:08
Member (2007)
English
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| | I think it's quite likely the client will pay | Jan 14 |
It doesn't sound as though they're actually contesting anything, just dragging their feet. But there's always the European Small Claims Court if a lawyer looks like being expensive. I believe it's just as straightforward - forms to complete and send off with a smallish fee then just wait.
Sheila
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Anne and Paolo Boidi
France
Local time: 22:08
Member (2011)
Italian to English
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TOPIC STARTER |
Sheila Wilson wrote:
It doesn't sound as though they're actually contesting anything, just dragging their feet. But there's always the European Small Claims Court if a lawyer looks like being expensive. I believe it's just as straightforward - forms to complete and send off with a smallish fee then just wait.
Sheila |
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Didn't know about the European Small Claims! Very interesting, thanks for the tip.
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Jenn Mercer
United States
Local time: 16:08
Member (2009)
French to English
Moderator of this forum |
I think you are taking all the right steps. From what you have said, it does not seem the client has any intention of paying. A lawyer's letter is a great way to cause a change of heart.
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Gad Kohenov
Israel
Local time: 23:08
Member (2006)
English to Hebrew
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| | A collection agency | Jan 14 |
is also a possibility. Or you can tell them that for each week they are late they will have to pay interest! I am sure your lawyer friend could help with the second suggestion. If the client is a Proz member you could insert your feedback into the Blue Board. And next time for such a large translation ask an advance.
G.K.
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Catherine Bolton
Italy
Local time: 22:08
Member (2002)
Italian to English
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What a terrible story! You may not know this, but in Italy you can go to a Giudice di Pace for smallish amounts (I think several thousand euros) and it's supposed to be a very quick process. You submit the documents proving that payment is due and the judge hands down the court order. I'm sure your Italian lawyer will be familiar with the process. I think it's called a decreto ingiuntivo.
Hope you get your money soon!
Catherine
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Anne and Paolo Boidi
France
Local time: 22:08
Member (2011)
Italian to English
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TOPIC STARTER |
In early January I had stated that I would start a civil court case on a specific date in February (3 months after the invoice date) if I still hadn't heard anything. Lo and behold, two days before that date an email came in saying that they understood their legal obligation to pay and that they should have contacted me with their questions and concerns but never did (true - I offered on every occasion possible to extend my help on any issues they may have, as it was a large translation and there was localization and adaptation - basically, it may have been a bit confusing for a non-native speaker) - not doing such, they were unhappy with the work. (Or they are trying to find a way to get me to discount the price, who knows.)
Funny enough, the note said they acknowledged the debt but also included a "I'm not paying you before XX date" and no mention of payment otherwise, only saying that they found my communications asking to be paid to be (which is now LONG overdue and they disappeared for three months) "aggressive and causing problems".
I've been so professional about this, it's so discouraging. The translation I did was really lovely and I put a lot of work into it (I'm not trying to pat myself on the back here but I really went above and beyond on this one) and this is my first official unhappy client. I suppose having an unhappy client is inevitable in any business, but it's too bad it couldn't have happened on a project that I wasn't so excited to see happen.
Let's hope they actually do come through on the payment, we'll wait and see...
Fingers crossed!
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Sheila Wilson
Spain
Local time: 21:08
Member (2007)
English
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Anne and Paolo Boidi wrote:
the note said they acknowledged the debt but also included a "I'm not paying you before XX date" and no mention of payment otherwise, only saying that they found my communications asking to be paid to be (which is now LONG overdue and they disappeared for three months) "aggressive and causing problems". |
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So they haven't paid and it doesn't look as though they're going to pay.
Let's hope they actually do come through on the payment, we'll wait and see...
Fingers crossed! |
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Wait and see? But you've already told them you'll start proceedings. What's changed?
Sheila
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Anne and Paolo Boidi
France
Local time: 22:08
Member (2011)
Italian to English
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TOPIC STARTER | | We stuck with our original date for small claims | Feb 7 |
So, nothing changed. We told them in January a specific date in February that would be the cutoff time to pay/make payment arrangements or we'd file the claim. That's still the plan. It's also 2 days from now... I doubt they will make it in time, but I have a sliver of hope.
The person is being really evasive and obviously is aware that we're serious otherwise wouldn't have written two days before the date we said we would file the claim... even if it was to try to convince us somehow to prolong the due date.
We get to add interest at least, even though it's only 3%... but it's something.
I bet they weren't too busy to pay the electricity bill... :-/
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Attila Piróth
France
Local time: 22:08
 Member
English to Hungarian
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Inform the client in no ambiguous terms that they have 48 hours left before you proceed. And for that - take a firm decision for yourself. Don't forget: any comments that you post in such an open forum can be read by your client. If you show your doubts and hesitation, they may know you are not 100% determined.
Best,
Attila
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sognatrice
Italy
Member (2009)
Italian to English
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I've been following this thread. Any updates? I really hope you get what you deserve plus interest! It takes some gall to do what they did.
If I can just impart one small pearl of wisdom here, I would like to say that this is why it's important to ask for some form of payment up front when undertaking a big project like this. If they say they don't have the money to pay or are equally as evasive, don't take on the project. If a company cannot advance you half or even a quarter of the total price as a token of goodwill and as part of good business practice, it stands to reason that there is something very wrong!
Italian agencies are notoriously bad. I work with some good ones but some of the stories I hear are absolutely appalling!
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Anne and Paolo Boidi
France
Local time: 22:08
Member (2011)
Italian to English
+ ...
TOPIC STARTER |
Thanks for following along Sognatrice, it seems like things are moving in the right direction. I say "seems" because there still hasn't been a payment, but a promise to make one on a certain date which corresponds with their scheduled payments each month. There are a few of you on here who are going to ream me for this one, but I will say that through our discussions with the client I do feel it's best to wait it out for this date (about a week from now).
What happened: I made a last-ditch effort 5 days ago and emailed every email address possible within the organization (about 8) that contained all of the information plus our invoice for the court case that was about to be filed, stating its absolute urgency. I have reason to believe that 7 out of 8 people within the organization were unaware of the situation - I got a response immediately and they were quite concerned (and the one person who did know, quite embarrassed). They have acknowledged the debt and have given me a date of payment, been responsive to our phone calls and emails (finally!) and we've been in contact with the person who does their accounting for confirmation. I feel like filing a civil case when I have a written date for payment would not be in our best interest, but rest assured if that date comes to pass this case will be open and shut in a month by the court (in our favor, naturally).
Interestingly enough when I inquired about the so-called "errors" in the translation with the person who requested the translation they gave me examples which corresponded with things that would not necessarily be understood by a non-native English speaker - one was "shopping trip" which they understood as "clothes-shopping vacation" when in fact it described going to the grocery store. They surprisingly admitted that if they would have taken me up on the repeated offer to answer any questions or concerns that they would have probably been happy with the translation (I believe this to be true, it was painstakingly proofread in its entirety twice after the translation and it was a loooong - but spot-on - project!).
So it appears that we're all on the same page now, but of course it's not over until it's over. Hopefully I'll be able to report to you guys that payment has been collected before the end of March... if not, the saga will continue and you'll get to read all about it (if you want, of course).
Also, up-front payments are great - my only problem was that this project was only intended to be 1/3 of what it became, it was renegotiated a few times throughout and ended up being quite large. I should have asked for money somewhere along that route but it just didn't happen, it was a bit chaotic and that was my fault. This client is also a non-profit, which I feel particularly biased in favor of, as I am also a grant writer. There were just a series of circumstances which led us here, but sometimes we must learn the hard way. Luckily, this has been our only problem client to date (fingers crossed it stays that way!).
Thanks for following along, I hope everyone is having a great weekend.
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