Suspicious employer
Thread poster: Pawel Gromek
Pawel Gromek
Pawel Gromek  Identity Verified
United States
Local time: 23:16
Member (2004)
English to Polish
+ ...
Apr 7, 2005

Hello,

I finished a quite large (18,000+ words) technical project for a translation company in India around 2 months ago. Since then I have spoken with the manager many times online. He promised the deadline of the payment to be the end of March, which was already more than 60 days after completion of that job. However, now he says that he doesn't have money and needs to wait for his client (supposedly an another translation company) to get paid. This person seems very unethical to
... See more
Hello,

I finished a quite large (18,000+ words) technical project for a translation company in India around 2 months ago. Since then I have spoken with the manager many times online. He promised the deadline of the payment to be the end of March, which was already more than 60 days after completion of that job. However, now he says that he doesn't have money and needs to wait for his client (supposedly an another translation company) to get paid. This person seems very unethical to me as he also asked me, i believe few weeks ago, about the cracked version of Trados (???). Of course I told him that I don't approve illegal activities, etc. From that point of time I become very suspicious and just wanted to get paid for the assignment and don't collaborate with him anymore. What should I do right now? Should I wait for some time, or try to send him an email (again..) that if I dont get paid ( let's say in the next 3 days) I will leave him a negative feedback on all the translation websites? Please advise. Thank you. Pawel
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Andrzej Lejman
Andrzej Lejman  Identity Verified
Poland
Local time: 05:16
Member (2004)
German to Polish
+ ...
Frankly speaking, I would never take a job from an unknown company Apr 7, 2005

in India...

You will understand the saying "Pisz na Berdyczów". Sad, but the situation is not very promising.

By this volume I would require a partial payment, or would not deliver the entire translation without being paid let us say 30 - 40% of the invoice (in this particular case). Sure, this is not a guarantee to get the rest of the payment, so please refer to the subject line of my post.

Best regards

Andrzej


 
Walter Landesman
Walter Landesman  Identity Verified
Uruguay
Local time: 00:16
English to Spanish
+ ...
carry on w/ complaints + negative feedback Apr 7, 2005

Was the transaction done through Proz, Elance or some other site? If so, you should first let them know. Then, continue asking, emailing him, but mostly, post the fact on and every place, page, site you can find. If he doesn`t pay you, at least he won`t be able to hurte some other collegue, I beleive.


PawelG wrote
Hello,

I finished a quite large (18,000+ words) technical project for a translation company in India around 2 months ago. Since then I have spoken with the manager many times online. He promised the deadline of the payment to be the end of March, which was already more than 60 days after completion of that job. However, now he says that he doesn't have money and needs to wait for his client (supposedly an another translation company) to get paid. This person seems very unethical to me as he also asked me, i believe few weeks ago, about the cracked version of Trados (???). Of course I told him that I don't approve illegal activities, etc. From that point of time I become very suspicious and just wanted to get paid for the assignment and don't collaborate with him anymore. What should I do right now? Should I wait for some time, or try to send him an email (again..) that if I dont get paid ( let's say in the next 3 days) I will leave him a negative feedback on all the translation websites? Please advise. Thank you. Pawel


 
Ralf Lemster
Ralf Lemster  Identity Verified
Germany
Local time: 05:16
English to German
+ ...
ProZ.com Blue Board/Termination Policy Apr 7, 2005

Was the transaction done through Proz, Elance or some other site? If so, you should first let them know.


Worth noting that ProZ.com is a venue and hence not a party to any business relationships which may be established via a contact made on the site.

That said, the site operates a Termination Policy dealing with substantiated non-payment cases. Therefore, in the event of non-payment (and provided that you delivered the job on time, and in accordance with specifications), please don't hesitate to post a Blue Board entry, and contact a Jobs moderator.

Best regards,
Ralf


 
Derek Gill Franßen
Derek Gill Franßen  Identity Verified
Germany
Local time: 05:16
German to English
+ ...
In memoriam
Debt Collection in India Apr 8, 2005

This sounds like one of those classic situations in which it is time to consult an attorney you trust (there are also collection agencies that would be more than happy to take your money, but you should be cautious). I would suggest using a lawyer, as they are often more effective in getting your opponent to pay, and collection agencies are not always cheaper.

I get the feeling that many translators shy away from collecting abroad - probably because they think it will be much more d
... See more
This sounds like one of those classic situations in which it is time to consult an attorney you trust (there are also collection agencies that would be more than happy to take your money, but you should be cautious). I would suggest using a lawyer, as they are often more effective in getting your opponent to pay, and collection agencies are not always cheaper.

I get the feeling that many translators shy away from collecting abroad - probably because they think it will be much more difficult. While there are some additional difficulties in collecting abroad, I don't think it is impossible. India has laws as well, and I'm sure that, for example, British solicitors probably have quite a bit of experience collecting debts in India. There are probably plenty of lawyers in the US that would take on your case too.

I have seen your client's argument so many times in these forums, and every time I find it unfortunate that translators accept this line of arguing.

FOR THE RECORD: YOUR CONTRACTUAL RELATIONSHIP IS ONLY WITH YOUR CLIENT; IF YOU HAVE FULFILLED YOUR PART OF THE BARGAIN, i.e. DELIVERED THE FINISHED TRANSLATION, THEN THE OTHER PARTY IS OBLIGATED TO PAY.

IT DOES NOT MATTER IF YOUR CLIENT IS WAITING FOR MONEY - YOU DON'T HAVE TO.

Go after your money, you earned it!

[Edited at 2005-04-08 10:39]
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sandhya
sandhya  Identity Verified
Local time: 08:46
German to English
+ ...
Post negative feedback Apr 8, 2005

Hi Pawel,

I am sorry to read about your non-payment experience! While it is true you can seek legal intervention... however, I must add that it is longgggg painful process. I am from India, and we do have laws, unfortunately implementation and utilization of those laws takes a hell of a long time!

My suggestion is to post as many negative comments about the said agency on all translation sites.

Finally, I would like to add that many fly-by-night language o
... See more
Hi Pawel,

I am sorry to read about your non-payment experience! While it is true you can seek legal intervention... however, I must add that it is longgggg painful process. I am from India, and we do have laws, unfortunately implementation and utilization of those laws takes a hell of a long time!

My suggestion is to post as many negative comments about the said agency on all translation sites.

Finally, I would like to add that many fly-by-night language operators have mushroomed in India lately. Many of them are not professionals and have no organized setup. So, in future please be careful and check up on the agency BEFORE accepting jobs... I guess this applies to all of us.

If you need any help here in India in this regard, don't hesitate to contact me!

cheers
sandhya

PawelG wrote:

Hello,

I finished a quite large (18,000+ words) technical project for a translation company in India around 2 months ago. Since then I have spoken with the manager many times online. He promised the deadline of the payment to be the end of March, which was already more than 60 days after completion of that job. However, now he says that he doesn't have money and needs to wait for his client (supposedly an another translation company) to get paid. This person seems very unethical to me as he also asked me, i believe few weeks ago, about the cracked version of Trados (???). Of course I told him that I don't approve illegal activities, etc. From that point of time I become very suspicious and just wanted to get paid for the assignment and don't collaborate with him anymore. What should I do right now? Should I wait for some time, or try to send him an email (again..) that if I dont get paid ( let's say in the next 3 days) I will leave him a negative feedback on all the translation websites? Please advise. Thank you. Pawel
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Peter Neydavood (X)
Peter Neydavood (X)
Local time: 23:16
English to Arabic
+ ...
Copyright Apr 8, 2005

You have the Copyright. Why don’t you enforce it?

 
globalglasgow
globalglasgow  Identity Verified
United Kingdom
Local time: 04:16
English to Portuguese
Cancel the contract and demand your translation not to be used Apr 12, 2005

That would be my advice too. Consider the contract void as the other party is clearly in breach of contract, forget about getting any payment and demand your translation is not used (as its Copyright belongs to you). Send him/her a message stating that and if you know who the client is CC it to him or her so they are aware of any possible Copyright problems.

 
Pawel Gromek
Pawel Gromek  Identity Verified
United States
Local time: 23:16
Member (2004)
English to Polish
+ ...
TOPIC STARTER
More info... Apr 14, 2005

Thank you all for your responses.

I have received another email from this agency. Please find
the email below:
"I am puting high pressure on them to pay me , I also
invest to much money to run this project in 14 languages,
So I am putting more pressure on them than you, I can
understand your argument, but understand my position too, I
got commitment from them too about paytment on time, and
this is American client, and you are also from US(a
... See more
Thank you all for your responses.

I have received another email from this agency. Please find
the email below:
"I am puting high pressure on them to pay me , I also
invest to much money to run this project in 14 languages,
So I am putting more pressure on them than you, I can
understand your argument, but understand my position too, I
got commitment from them too about paytment on time, and
this is American client, and you are also from US(at
moment).

See , what is my position like a sandwich, Means One
American resident([Company X's] person) is not on their
commitment and another american (means you) putting
pressure on me for timely payment.

I hope I will get payment in day, today [Company X] call me
from their Indian office, but when I reach there, concern
person was not there, so tomorrow early morning I will
again sit in their office.

What else I can do, I think you can understand my
position,, because in meantime 14 translator putting
pressure on me for payment, hope everything will be OK, and
from next project onwards, I will carefully commited anyone,
and will deal with my client in more effective way."

Should I wait for his payment assuming that he is not
trying to cheat me but simply has these payment problems or
should I proceed with more "aggressive" approach and want
all my money back ASAP or otherwise I will put negative
feedback/contact collection agency/inform about my
copyrights etc? The translation was made
for a multinational battery producer company so I might be able to retain my copyrights. Thank you again for any help.
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Patricia Torres
Patricia Torres  Identity Verified
Venezuela
Local time: 23:16
English to Spanish
What I would do... Apr 20, 2005

First of all, I wouldn't have taken such a big project without knowing about the payment record of the company -here in Blue Board, payment practices list or some other list. That's easy to say when you have clients, you could say, but you can take that risk with smaller jobs!

That said, I would send an email saying I would wait for the new date he is offering, adding that if no payment is made by then I would make negative comments on he`s and his company's payment practices at sev
... See more
First of all, I wouldn't have taken such a big project without knowing about the payment record of the company -here in Blue Board, payment practices list or some other list. That's easy to say when you have clients, you could say, but you can take that risk with smaller jobs!

That said, I would send an email saying I would wait for the new date he is offering, adding that if no payment is made by then I would make negative comments on he`s and his company's payment practices at several translator's forum and mailing list. I would mention that if that's done, he would not find good translators so easily. And finally I would add that for future projects he has to take care not only of how to deal his clients, but also his translators! (he needs both -clients to provide jobs AND people who can do a good job).

Patricia


PawelG wrote:

What else I can do, I think you can understand my
position,, because in meantime 14 translator putting
pressure on me for payment, hope everything will be OK, and
from next project onwards, I will carefully commited anyone,
and will deal with my client in more effective way."

Should I wait for his payment assuming that he is not
trying to cheat me but simply has these payment problems or
should I proceed with more "aggressive" approach and want
all my money back ASAP or otherwise I will put negative
feedback/contact collection agency/inform about my
copyrights etc? The translation was made
for a multinational battery producer company so I might be able to retain my copyrights. Thank you again for any help.

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