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Translation used but payment not received
Thread poster: karandi123
karandi123
Local time: 15:26
English to Tamil
Jan 19, 2008

We did translation and voice over for a client in USA.

The client has not paid us 7000 USD stating our quality is not good.

But our translated text is appearing in a leading site.

Now how to get our payment.


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middy
Local time: 10:56
Italian to English
+ ...
Help Jan 19, 2008

Hi info govind,
I'm sorry that happened.
Can't you get any help from ProZ team?
I hope you resolve the problem soon.


[Edited at 2008-01-19 16:08]


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Rita Bilancio  Identity Verified
Local time: 10:56
English to Italian
+ ...
continue contacting them Jan 19, 2008

info govind wrote:

We did translation and voice over for a client in USA.

The client has not paid us 7000 USD stating our quality is not good.

But our translated text is appearing in a leading site.

Now how to get our payment.



and if you do not succeed ask a lawyer who deals with international affairs. Hope this works


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Jennifer Hejtmankova  Identity Verified
Czech Republic
Local time: 10:56
Member (2007)
Czech to English
+ ...
Wow... Jan 19, 2008

What actions have you taken to date to try to collect? For that kind of money, I'd definitely look for a lawyer.

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Maria Ramon  Identity Verified
United States
Local time: 03:56
Dutch to English
+ ...
Tell client that you will expose them... Jan 19, 2008

I am so sorry to read what happened to you; unfortunately there are unscrupulous people all over the world.

I'd contact your client and tell them they have a choice:

either pay you the US$ 7000 or

you'll expose them on the web, mentioning their website with your work

or

you'll talk to an attorney here in the US who deals in international contract law.

That should catch their attention, especially here in the USA, and will hopefully push them into the right direction: pay you.

Good luck! and if I can help, let me know, I know some pretty good attorneys.

Maria





[Edited at 2008-01-20 05:04]


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Rosa Diez Tagarro  Identity Verified
Spain
Local time: 10:56
Member (2003)
English to Spanish
+ ...
Keep contacting them, for sure Jan 20, 2008

And do as Maria says.

Tell them they have a fortnight to pay you and if they don't, you'll expose them on the web, mentioning their website with your work.

If that fails, then, by all means, talk to a lawyer.

That's an awful lot of money, and your work and precious time.

And please make an entry on the Blue Board so that everybody is warned about this service provider.

Best of luck!

Rosa


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MariusV  Identity Verified
Lithuania
Local time: 11:56
English to Lithuanian
+ ...
because quality is not good ... ? Jan 21, 2008

Some questions:

1) do you have any written contract with them (well, for 7000 USD you should have something), or, at least, a PO with their signature where you have a definition what is "good quality"...?

2) have you concluded an agreement till what date the quality concerns can be raised?

3) did they mention that "quality is not good" just after the due payment (quality concerns) date?

4) do they use your translation 1:1 on the website?

If they are really cheating like that, I think you should raise your property rights for that content and you should add the issue of breach of the property rights when you go to a lawyer for money collection.





[Edited at 2008-01-21 02:38]


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Milton Guo  Identity Verified
China
Local time: 17:56
English to Chinese
+ ...
That's bad Jan 21, 2008

I have a friend fighting for the money owed, a much larger amount that 7000 USD and he is close to bankcruptcy now as he has had paid the translators (10 for a large job) from his own pocket, has to pay his attorney, has to spend time and effort on the case, even has to stop running his translation company now...

So make sure to get some downpayment, and formal contract when it comes to a big job.


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ivo abdman
Indonesia
Local time: 16:56
English to Indonesian
+ ...
prepare aliby and ultimatum them Jan 21, 2008

prepare aliby and ultimatum them with suggestions mentioned above.

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Woodstock  Identity Verified
Germany
Local time: 10:56
Member (2005)
German to English
+ ...
Get a lawyer and threaten to sue Jan 21, 2008

I'm so sorry this has happened to you, and it is despicable behavior, but I agree with the poster above that for such huge projects you need to negotiate advance/partial payments according to certain milestones.

Lawsuits are a very big deal in the US, and suing for damages and/or copyright infringement - assuming you have the proper documentation - as stated above - that you were assigned the job with a PO, etc. this has the potential of costing the company much more than your fee. I can see that a crooked American company might think that India is far away and poses no threat if they renege on their agreements, because my countrymen are kept quite ignorant of international affairs and developments by the media. You will be hard pressed to find any international news on any domestic TV or radio channel. (CNN International is NOT the same as the CNN the Americans see!)

So fight for what is due to you. Find a lawyer in India with ties to a law firm in the US, perhaps. Alternatively, or in addition, you might want to contact the American Chamber of Commerce in India, if there is one, to ask if they have a list of lawyers who are members (this is the case in Germany, anyhow), or even a US consulate or the embassy, although I don't know how much they are allowed to do in cases like this.

I don't think just threatening to expose them would be very effective, Americans are used to hearing big talk - that is normal for many of us. Action, as in a letter from a lawyer, is much more likely to produce results.

Good luck.


Edited to add: By the way, I'm NOT one of those who tends to talk big, spouting lots of bla bla, etc. - just to make that clear!

[Edited at 2008-01-21 10:38]


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Gordon Adam  Identity Verified
Spain
Local time: 09:56
German to English
+ ...
Expose them on translation websites Jan 21, 2008

If this company deals regularly in translations, there are at least 4 places I can think of where you can put them on the black list, and make sure they know about it:´
ProZ
Translator's Café
TranslationDirectory
PaymentPractices.

This might be enough to get them moving, if not, then use a lawyer as suggested above.


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Maria Cancro  Identity Verified
United States
Local time: 04:56
Italian to English
+ ...
Where is the Blacklist of Outsourcers? Jan 21, 2008

Where are the Blacklists of Outsourcers located on each site? I am particularly interested in the ProZ blacklist. Thanks.

Gordon Adam wrote:

If this company deals regularly in translations, there are at least 4 places I can think of where you can put them on the black list, and make sure they know about it:´
ProZ
Translator's Café
TranslationDirectory
PaymentPractices.

This might be enough to get them moving, if not, then use a lawyer as suggested above.


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trans_world
English to Arabic
Have had similar problem.Time to take legal action! Jan 21, 2008

Hi all!

I have had a similar problem.

I did work that would have cost the client just over $1000.

The company was UK owned when I was asked to do the work but it has been bought by an Amercan company.The excuse is that my work was not up to standard but no complaints were raised to me/agency where I promote my service which is a load of garbage as I have been this sort of work for very many years without any complaints whatsoever.To add insult to injury now the work is being sold as a book(s) all over the world.A complaint to the US parent company did not resort in anything positive.To the extent I gave the UK based company several months to work out any pieces of the work that had any element of dissatisfaction but guess what?No reply whatsoever!

So,it has now reached the appropriate time to take legal action or whatever anyone here could recommend.

So,info govind you are not alone!

Good luck with getting your $7000!

[Edited at 2008-01-21 19:19]

[Edited at 2008-01-21 19:21]


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Ralf Lemster  Identity Verified
Germany
Local time: 10:56
English to German
+ ...
No black list Jan 22, 2008

Hi Maria,

Where are the Blacklists of Outsourcers located on each site? I am particularly interested in the ProZ blacklist.


There is no such thing as a black list on ProZ.com.

I'm sure you're aware of the Blue Board. Almost 80% of BB entries are positive (LWA of 4 or 5).

Of course, there are bad apples: ProZ.com staff are supported by a team of Jobs/BB moderators - a dozen volunteers determined to prevent fraudulent activity, and enforcing the ProZ.com Termination Policy. If only people did check outsourcer details and references such as the BB before accepting work from (=extending credit to) complete strangers, we would have less problems.

As regards discussions of alternative sites, I would like to draw your attention to the general site rules, in particular general rule no. 3:

... Discussion of sites offering competing services is also prohibited, due to past abuse.

Thanks for bearing this in mind.

Best regards,
Ralf


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Aniza  Identity Verified
Malaysia
Local time: 17:56
Member (2007)
English to Malay
+ ...
Translation has to be on time but payment will always be at a standard payment cycle time. Why? Jan 28, 2008

Hi All,

Perhaps this is off topic. But the above has always been bugging me.

Why is it that when the client request for a translation job to be done, it has to be completed by, say an example, within 2 days after this job is sent to us. But when it comes to us being paid, it has to either be, net 30, or net 45 or net 60 or even net 90.

And then after those periods, clients with good payment system will have your payment in by the due date, but those with not so good payment system, will have us "chasing" for the payment. It will take a few reminders for them to actually pay us. And sometimes up to even reissuing the invoice. LOL!

I wonder why? If we deliver our work "late", then we shall be deemed as not punctual, but when they do get our job on time, we are still not paid on time. Why couldn't all of be paid like how we buy stuff at the market. COD. I deliver you goods, you deliver me money.

Ouch!!!


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