Mobile menu

What to do when your client disappears
Thread poster: Carla Araújo

Carla Araújo  Identity Verified
Portugal
Local time: 19:46
English to Portuguese
+ ...
Apr 12, 2006

Hello all,

I have been working for a translation agency in Spain for the last six years and, although they were quite slow payers, I always got my money.
But now I found out that this agency closed down without any kind of warning. Phone and fax numbers don't exist anymore and all e-mail addresses are invalid.
I have two outstanding invoices and have no idea how to claim them.
I appreciate any inputs on this one.

Regards,
Carla


Direct link Reply with quote
 

Cintia Pecellin  Identity Verified
Spain
Local time: 20:46
Member (2003)
English to Spanish
If they happen to be located in Madrid... Apr 12, 2006

I can try and visit their office if you want; maybe that would help?...

Best of lucks,
Zyntia.


Direct link Reply with quote
 

Tina Vonhof  Identity Verified
Canada
Local time: 13:46
Member (2006)
Dutch to English
+ ...
I sympathize Apr 12, 2006

I have had a similar experience and I sympathize. I'm afraid you can forget about ever getting your money - the agency has probably gone bankrupt. If that's the case it would be useless to get a collection agency or lawyer involved. Chalk it up to experience and learn from it, for example: never take on another job if you have not been paid for the previous one. Be sure to make an entry on the Blue Board, so others will know if they ever try to get back into business.

I don't know the rules in Portugal but you may be able to claim this as a business loss on your tax return.


Direct link Reply with quote
 

Harry Bornemann  Identity Verified
Mexico
English to German
+ ...
You could contact the end clients Apr 13, 2006

If the agency really has disappeared, you could contact the end clients to let them know that you can help them with future translations, and that there are outstanding invoices of translations which may not be used before they will be paid...

The good news for the end clients is that they can have the same quality as before, but you can obviously offer it at a lower price than the agency. (Maybe this will make them think about paying the outstanding invoices - calculate the break even point.)


[Edited at 2006-04-13 05:32]


Direct link Reply with quote
 

Carla Araújo  Identity Verified
Portugal
Local time: 19:46
English to Portuguese
+ ...
TOPIC STARTER
Thank you Apr 13, 2006

Thank you for your answers.
Cintia, this agency is located in Barcelona but I thank you anyway


Direct link Reply with quote
 
Daniel García
English to Spanish
+ ...
It depends on how much money they own you Apr 14, 2006

I don't know the legal details but I believe that, when a company goes bankrupt in SPain, all its assets are liquidated (i.e. converted into money) and the proceeds are distributed among its debtors.

I "think" that former employees have preference so that debts are only paid after employees have been paid their outstanding salaries.

It is likely that, being a translation company, its fixed assets are probably not worth much money.

Basically, you would need to hire a lawyer in Barcelona in order to have a chance to recover a part of your money. Unless your debt is huge I would not think it is worh the hassle...

As others have suggested, your most profitable option to so write off this a loss and get some tax deduction....

Sorry about this...

Daniel


Direct link Reply with quote
 
Rosa Maria Duenas Rios  Identity Verified
Local time: 15:46
Did you read about... Apr 14, 2006

Arturo Manino's experience with a "Proceso monitorio" in Spain?

His situation was different in that the agency did not go bankrupt, but he said he recovered his money, except the process was slow. Maybe you should look into it...

http://www.proz.com/topic/44827

Good luck!


Direct link Reply with quote
 

Carla Araújo  Identity Verified
Portugal
Local time: 19:46
English to Portuguese
+ ...
TOPIC STARTER
Proceso monitorio Apr 15, 2006

Hi Rosa,

Thank you for this valuable information! After reading all the topics on this subject, I still haven't figured it out if it's possible to start such a procedure from a foreign country. Do you have any idea?


Direct link Reply with quote
 
Rosa Maria Duenas Rios  Identity Verified
Local time: 15:46
Hi Carla, Apr 15, 2006

I do not know, but I posted a little messge to Arturo, asking him if he knows whether this can be done from abroad. Lets hope he knows! I know it can be done by mail because he himself sent everything by registered mail to Palma de Mallorca. Apparently you have to send the papers to the place where the agency has its legal residence.

Direct link Reply with quote
 
Rosa Maria Duenas Rios  Identity Verified
Local time: 15:46
Arturo's response Apr 16, 2006

Hi Carla,
Following is what Arturo answered concerning the possibility of using the process from Portugal:

Ni en el texto de la ley (http://civil.udg.es/normacivil/estatal/LEC/L4T3.htm) ni en ningún otro sitio que habla del proceso monitorio he encontrado algo que niegue a los que no residen en España la posibilidad de recorrer al proceso monitorio.

Igual el dinero hay que ir a recojerlo en el juzgado del lugar de residencia del demandante y, aunque pueda recojerlo una tercera persona, la verdad es que no sé qué pasaría si el demandante reside en otro país: a dónde va la sudada pasta?

Hope it helps!


Direct link Reply with quote
 


To report site rules violations or get help, contact a site moderator:


You can also contact site staff by submitting a support request »

What to do when your client disappears

Advanced search


Translation news





Across v6.3
Translation Toolkit and Sales Potential under One Roof

Apart from features that enable you to translate more efficiently, the new Across Translator Edition v6.3 comprises your crossMarket membership. The new online network for Across users assists you in exploring new sales potential and generating revenue.

More info »
TM-Town
Manage your TMs and Terms ... and boost your translation business

Are you ready for something fresh in the industry? TM-Town is a unique new site for you -- the freelance translator -- to store, manage and share translation memories (TMs) and glossaries...and potentially meet new clients on the basis of your prior work.

More info »



All of ProZ.com
  • All of ProZ.com
  • Term search
  • Jobs