58

Is this a script from a soap opera? There's far too much discussion taking place. Business is business and not friendship. Ignore anything not directly related to the business. All the back and forth trying to get the other to "understand" your position is, frankly silly. All you should be stating.. "We have a contract. Pay me." When he/she replies.. ...


17

Your chain of emails is unprofessional, you fail yourself by dropping to your client's argumentative level. As well as this, instead of getting to the point you make jabs and petty points informally, that seem very emotionally attached trying to play the guilt card and shame him. This is no way to follow up proceedings of a broken contract. Instead of ...


15

To address your direct question, no, it's not a great practice. To think of it in terms of risks, I would not want to risk my clients' credit card information being stolen (because I would likely be liable for that!) A more common practice is to require a deposit, or a percentage of the total fee due upfront before any work is to be completed. This ensures ...


12

I'm sorry to say, but you can't. And I'm sorry again to say, but the people on Elance are right. They always state clearly when getting a new job to not work until the escrow account is funded. They even send emails reminding to not work until the account is funded. I once did something like this. I started working and finished before realizing the account ...


9

IANAL, nor any form of professional regarding law, let alone Australian law. However, from what I've found from a quick google of Australian copyright law, it seems to conform with most copyright laws throughout the US and EU. Therefore I can only assume that transfer of ownership works similarly. With this assumption, you still seem to be the owner of ...


7

How far overdue are they? Do you have any language in your contract about payment due dates? If you don't, you should -- managing expectations is the most important. Both you and client should be clearly understood about deliverables and deadlines. In your current case, start by contacting them both by email (establish a paper trail) and phone to discuss ...


6

Be careful asking for (and storing) credit card information. Unless you're a PCI-compliant business, there are portions of credit card info that you aren't supposed to store anywhere as part of a transaction. A deposit is a good choice. Always have a contract that states the payment terms. Some freelancers also have a "kill fee" where you still get paid X ...


5

You definitely do NOT want to be figuring this stuff out when the client is already late. If you don't have a contract that stipulates late fees, then maybe you need to take Peter's tactic of just being satisfied that they pay. My (US-based) contracts state the following: Late payment is subject to an additional fee of 5% per month. In the case of late ...


5

Over here in the UK we have a statutory regime (link) for charging interest and fees on late commercial debts. This provides that: If you haven’t already agreed when the money will be paid, the law says the payment is late after 30 days for public authorities and 60 days for business transactions and The interest you can charge if another ...


5

Follow the steps in your contract agreement, if you have one. Make it clear you intend to recover the amount owing by whatever means available to you. This might include penalties for late payment such as applying interest to the fee. If your client is suffering genuine hardship you might offer payment terms so that you can at least start to recover the ...


5

Be aware, even if you were to pursue something like small claims court and win, it's still your job to collect. A court won't collect for you. They merely allow you to legally pursue avenues of collection such as garnishment. Also be aware that there are filing fees which are generally $50-$100 so it'l cost you that to file a claim. Now, you can get that ...


5

It sounds like your employer is having financial problems, possibly the end client not paying them, but the fact that they hired another contractor for something else, indicates they have money, you are probably just one of their last priorities. And once they pay you late once, it's just easier to sit on your next paycheck than someone else's. Also, how ...


5

You must state explicitly what the penalties are in your sales conditions, including the delay after which the invoice is deemed overdue, what the fee is (usually an interest rate on the amount - there exist "legal" rates - with a minimum) and other relevant details of the procedure. Of course if those conditions are new, you must inform the customer, ...


5

The single worst mistake I ever made as a contractor was agreeing to provide source code before payment was made. Don't do it. This doesn't pass the "smell test" at all.


4

I'm not a US citizen. Like you, living in Europe. But, in the past I needed some legal assistance overseas. At that time, I got on the internet, searched for some legal advisor and found a lawyer who assisted me and for my surprise, delivered results. What can you do from your situation? If I was you, I will search for a legal adviser in the US and ask ...


4

Not always is there a deliverable product If you are providing a service, and payments are outstanding for that service, then you are perfectly at liberty of withdrawing that service provision. EG if a customer does not pay for website hosting, then replacing their webpage with a Holding Page suggesting "Service suspended due to non-payment" normally works ...


4

I think an actual deposit is better, whether it's in direct bank funds (cash, check, cashier's check, money order, ACH), or a credit card transaction UP FRONT (meaning that you get the info and make a charge RIGHT AWAY), or maybe even PayPal. Here's why: You can collect the credit card info as you are describing, but until you do a transaction, you don't ...


4

Given that your client is ignoring all forms of communication with you, it seems like you only have three options: 1. Do Nothing Be grateful that you received 50% of your fee and forgive the balance. One disadvantage (especially if your client talks about this to others) might be that you get a reputation as a "push over". 2. Final communication attempt (...


4

Simple down to earth advice: unless you have a contract or document that explicitly includes the requirement to supply the source code before payment, I think you are right not to change the existing arrangement. I would not go behind person B's back though, that might escalate. I'd communicate with person B and explain the situation and the way of working ...


4

A friend doesn't put you in a compromise where you can't pay your bills on time or put food on your table. This is no friend of yours. Like lewis here has stated, you need to get off the "friendly" approach. You need to push toward small claims. NO WHINING about how you don't have time, okay? Now, here's the deal. Small claims court can get you a ...


4

I've experienced this exact scenario. Involving legal assistance will likely eat into any possible gains, and the amount recovered would probably be less than the cost of legal action, not accounting for the time and effort expended - that can vary from country to country, I'm based in Ireland where that's a slow and expensive process. You are being ...


4

First, from looking at your first question and reading this one, I assume you've already pandered to the clients apologies and promises of payment too much. As well as this, I'll be assuming you're set on taking court action, and will therefore address the process required before action; rather than assess whether the option is viable or worth your time, ...


4

I am NOT a lawyer. It is my understanding that in the United States, if you have evidence of an intent to default on payment or a contract, you can start the legal processes of repercussions due to that default, i.e. small claims. Certainly someone stating, in writing "I won't pay" is evidence that there is direct intent to breach any contract for ...


4

I would absolutely mention any money owed. Hi [brand manger], There is still an outstanding balance of $xxxx owed for work completed. No information regarding projects or their construction will be shared until the outstanding balance has been paid. Thank you. I don't know what your agreement was with the client. However, in general sharing all your native ...


3

@user3772366, was the 50% that he paid you an initial milestone payment? If you've tried talking to him already and it doesn't work, perhaps it's time to shoot an email to the Google Developers Support team and tell them your situation and tell you them you have the original source code to prove that the app was developed by you. This has happened to ...


3

One can do the following to ensure that clients are paying on time: Create expectations up-front To ensure that clients pay up front; establish win-win situations for you and your client. Be honest, effective by having them written out and available for the client to review. Create contracts that protect you and the client Consult a lawyer and have them ...


3

In the US 1% to 1.5% per month (simple, not compounding) is not uncommon. It's usually stated on the invoice and the quotation. In general if it is not there, it is going to be hard to collect. The point of having a late fee is to encourage people to be timely with payment. There are, after all, three kinds of customers who pay late: Those who don't ...


3

For such late payments, you should be lucky if you get the money they owe you. I would not count on any fees for being late payers. You're not a bank or something like that. The only case you can get interest is if you are in the same country and you have a signed contract. Then you can deliver the case to the court and you will receive the money they owe ...


3

Devin, you're probably screwed here. You took some work "on spec". Don't ever do this. There's a whole site devoted to this: http://www.nospec.com/faq Your contract is pretty much garbage. Why is that? Sure, you can sue for your $100. But you have to do it in the county where the client's business is located (Peter MV, that's how it works in the ...


3

Consider this: the time you spend, continuing to work for this client in the hope of eventually getting paid, can more profitably be invested finding a new client who doesn't have money problems. The sooner you find that new client, the sooner you can pay your own debts. Remember, you are not a charity. You are a business. You have obligations to your own ...


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