NYCPHP Meetup

[Mark Lassoff]

With all due respect Tim---

How come when this comes up many of us find it appropriate to be pleasant
and polite.  Frankly, when a client doesn't pay for work, and arrogantly
refuses to even acknowledge the debt, he is (in some states) committing a
crime-- theft of service.

The behavior is immoral, unethical and downright rotten.  I think the
appropriate  way to react-- within the bounds of ethics and the law-- is to
aggressively pursue what is due to you.  Why do credit card companies,
banks, etc., have such aggressive collection practices?  Because they work.

My $.02.

Mark


-----Original Message-----
From: Tim Gales [mailto:tgales at tgaconnect.com]
Sent: Thursday, December 22, 2005 10:22 AM
To: talk at lists.nyphp.org
Subject: [nycphp-talk] OT: Freelance PHP gig Not Paying up!


... client paid about 1/3 of the cost of the site up front and was
supposed to pay the balance on delivery.  I delivered the site months
ago and have not received further payment.  The site is still active
and it has been receiving alot of traffic.  They receive hundreds of
visits a day and many users submitting information.  Needless to say
they are doing business with the site and making a profit from it.

The owner of the site has not returned my many calls and emails over
the past two months.  I am trying to figure out how to get him to
acknowledge me and hopefully pay up!  I have a full time job as a
Java/PHP/.NET programmer so I don't do freelance often. This was the
only project I have done in years and it was as a favor to a friend.
Now I regret doing it at all and feel that I was taken advantage of.

Any advice?

Well no legal advice -- that's for sure.

A couple of thoughts which may be helpful:

You could check with your local Small Business Administration office --
they often can give you some good ideas on how to deal with problems
like this which are commonly faced by small businesses.

Maybe sending them a certified letter with return receipt requested
would be a good idea. I think it should have a pleasant tone --
perhaps suggesting that the client has been too busy and overlooked
payment of the invoice.

But, at least, don't put anything in it which could be (mis)construed as
threatening or harassing. I would most definitely not put a threat to
sue them in writing. (Again, this is only what I would do -- not
legal advice).

--
T. Gales & Associates
'Helping People Connect with Technology'

http://www.tgaconnect.com
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