Oustanding payments

**Swal** · October 11th, 2006, 07:56 AM

Hello there!

I need your help. Here is the problem: I live in France and I have done several pictures for a Canadian publisher a while ago… And I still wait for my money today! Then, anyone could tell me more about legal procedures I can undertake about this issue? In France we can make “payment injunction” and the like… Don’t talk about contract: I got one and it is useless in most cases.

Any help would be great!
Thanks.

Swal

**Jabo** · October 11th, 2006, 09:56 AM

Why did you sign a contract that is obviously useless?

**DSillustration** · October 11th, 2006, 11:01 AM

swal,
the best you can do is just send them a "RUSH: SECOND NOTICE" invoice.
if you already did that, send a "RUSH: FINAL NOTICE"invoice.
if you did that already, call up the art director and ask them "whats up?".
be nice about it.
lots of times they just goof things up.
sometimes, they just a kick in the pants.

if its been less than 60 days, i wouldnt worry at all.
90 days... start to worry.
i rarely receive payment in less than 45 days.

**JL.Alfaro** · October 11th, 2006, 11:05 AM

Whoa! I had the same problem with some A-hole in Canada, Although I dont know what type of work you did for him/her I can tell you this...
you can't do anything about it-that would'nt cost twice as much as the pay and even then when and if you take this to a civil court you still may loose(depends).
So what to do? take it as a lesson learned, just like I did..I freelance alot of my work, I end up working with people in the UK, India, South America, Etc... heres some precautions to take-

FYI:
1. never send original files till its paid for.
-you can send smaller lesser quality samples as proofs or progress reports, even water marked with your logo.
2. Dont send the format they need with the size they need.
3. communicate often with the customer to avoid misunderstandings-sometimes language is an issue so be very simple and clear on payment expectations and delivery.
4. If a customer takes this personal and angrily demands that you send him/her the completed job before payment, big red lights should go on as this is a 80% chance of being scammed out of your hard work-don't take the 20% chance, it doesn't even out.-Instead create a formal contract-like statement explaining the reasoning behind the precautions you are taking. A scammer will drop you in a second, a customer will appreciate the information and understand your point of view.
5.DONT TAKE IOU's. " I'll pay you later" is another way of saying I will just come up with a new excuse everytime you ask for payment. You work hard you should expect to get paid promptly.
6. Be very weary of percentage deals, they offer you a good percentage of their overall sales of their product with your illustrations, sounds good, except if their business fails to launch or just fails- 10% of 0 is stil Zero baby!
7. Get an address and phone number for contact, and verify it. VERIFY IT.

Hope that helps you out in the long run, again...take precautions, protect your work, and communicate often.

As far as the current problem you have, you can always call them and announce your arrival at Canada on a certain date,( poker faced) 8)
Send and ultimatum," I will receive payment from you by** or I will retain full copyrights to the previous illustrations I created fro you. Retaining the copyrights will allow me to take legal action against any and all illegal use of such illustrations by any party other that myself-the original creator of the mentioned work."

laters and good luck.

**Alday.J** · October 11th, 2006, 11:12 AM

Swal, ton éditeur est Canadien ou Québecquois ? Juste par curiosité, je veux savoir si la langue peut constituer une barrière supplémentaire. En plus, la loi doit être différente de celle pratiqué en France [sans aller jusqu'au procés, une notification par un notaire est un juste compromis, pour se faire payer-et c'est moin cher, plus rapide, ect...]. Tu devrais suivre les conseils de DSIllustration. Un coup de fil à l'éditeur pour savoir où en sont les choses, poliment, est déjà un bon début. Mais peut-être l'as-tu déjà fait ?

Bonne chance.
J.

**Qitsune** · October 11th, 2006, 05:19 PM

I'm not sure if these can be done remotely from another country but you can send a 'Mise en demeure' to warn that the next action will be suing, they never to be sent by registered mail.

**Swal** · October 12th, 2006, 02:58 AM

Hi all!

Thank you for your advices. I think I am going to make a phone call to the publisher (he owes me money since early 2006!!! ôô). And I am going to check out what's possible in this case... But I think this guy has decided not to pay me! I feel really puzzled: that very publisher still keeps on editing books and recruiting new artists/writers... Appalling!

pld:

Thanks again!

Swal