How to Start Legal Action for a Client That Won't Pay Up
I recently had an experience with a client who had paid on time--and then suddenly stopped. Feeling frustrated and violated, I had to take some legal action on the matter. Here are some tips to keep in mind should you consider doing the same.
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Give the client time. Has the client had ample enough time to pay? Usually you can stipulate what a client has to pay and by when in their contract. Make sure to give them the time allotted before pressing for your money.
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Give a polite reminder. Here's where you need to give a polite reminder--and keep track of when and how it was made. If you called, jot down the date and time. Follow it up with an email. Or send a notice via snail mail. Certified mail is a great way to ensure the client has the message. In my case, I offered the client a payment plan to no avail.
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Seek out a lawyer. If a substantial amount of time has passed and you still don't have a check, gather up your signed work agreement and all saved emails and letters notifying the client of a past-due balance. Seek out a general business lawyer by screening them over the phone, seeing what it would cost to discuss your case, which is usually nothing. I say screen the lawyer because you don't want to set up an appointment and go through presenting the case only to find that the lawyer doesn't handle that.
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Ask for costs upfront. You most likely don't have to pay a retainer fee to get the lawyer to send a warning letter. Most times, clients respond to these when they see you've taken the time and money to get lawyer after them. Ask if that can be done and get the cost upfront so there are no surprises.
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