What do you do when client fails to pay?

12 years 9 months ago #114673 by ShadowWalker
I have a client who hired me to take detailed photos of his ranch that he was selling. I had spent nearly a few hours on his property and he was suppose to pay me $400.00. Nothing big, I saw it as I could use the exercise from all the walking I would be doing. Plus the money would be used to buy a new flash.

The day of the shoot, he drove me around and showed all the buildings he wanted me to photograph, the ponds and so forth. After spending nearly 3 hours there, I told him I would have the photos to him the following day and he agreed to pay $200 right there and the remainder balance when I gave him the photos the following day. Well the following day came and he decided to not sell the ranch. But also that he wasn't going to pay me the remaining $200 balance. We went back and forth and I had to leave for another appointment. That was last week. How would you approach this?


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12 years 9 months ago #114682 by crystal
Did you have him sign a contract? If so, what does the contract say? If there was no contract...then lesson learn always have it in writing.

If there was a contact and it says something along the lines of, photos will be delivery...you pay me in full etc.. and well he doesn't want to pay because he doesn't want the photos. I'm sure you can take him to court.

Otherwise, you can let it go and think of the first $200 as pay for your time. And well the other half of the money, you could think of it as $ for the photos...which you have because the client doesn't want them.

Always have a contract.
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12 years 9 months ago - 12 years 4 months ago #114684 by crystal
Oh and to be a MOD EDIT: please do not use crass words on here about it...

Since you own those photos, try and get written permission from the client and sell those photos. Therefore you still be making money from the photos. :rofl:

(you'll need written permission since it's his property)
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12 years 9 months ago #114685 by chasrich
:agree: :thumbsup:

The Client has no honor. Sorry to hear about your loss to him.

If you want revenge post his photos and try to sell his ranch. Make sure you put a lean on it first. :rofl:

“Amateurs worry about equipment, professionals worry about money, masters worry about light, I just make pictures… ” ~ Vernon Trent
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12 years 9 months ago #114716 by photobod
Money up front is the only lesson to learn here, forget about the $200 and always get paid first.

www.dcimages.org.uk
"A good photograph is one that communicate a fact, touches the heart, leaves the viewer a changed person for having seen it. It is, in a word, effective." - Irving Penn

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12 years 9 months ago #114765 by Henry Peach

crystal wrote: Always have a contract.


:agree:

And get paid up front when possible.
The following user(s) said Thank You: Gary Trent photography
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12 years 9 months ago #114817 by Graflex 4x5
You still have a verbal contract although that would be hard to prove .... depends on the judge really.

Keep an eye out for those photos and if you see them posted .... sue for copyright infringement.

.... Make sure you put a lean on it first

.

Actually not a bad idea. Imagine finding out after a year or two there's a lien on the property and it can't be sold until satisified. Talk about getting screwed ...

No matter how fast I go, there's always someone slower in front of me.
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12 years 9 months ago #114842 by Raees
u r the one who gained...u got 200 bucks fo just spendin 3 hrs! :D


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12 years 9 months ago #114843 by rldimages
If you want to be paid for your work, act like a professional.

A contract is very good advice, but it is not too late.

Now you generate an invoice, show the $200 paid and the $200 outstanding. Show the interest rate you charge on overdue accounts. Send it out with a polite letter asking for payment. Follow up with letters or calls at 90 and 120 days.

If they don't pay, send a note to the relevant credit bureaus, and then your choices are suing in Small Claims Court or flipping it out to a collection agency.

No different than any other business.


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12 years 9 months ago #114847 by FineDsign
ALWAYS no matter who, sign a contract... I learned from a similar occurrence by doing some work for someone I considered a friend... That was the 1st deal this year that I didn't do a contract with plus gave him a break in price... That won't happen again... However, remember, you do own the prints!!!


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12 years 9 months ago #114857 by liam

rldimages wrote: If you want to be paid for your work, act like a professional.

A contract is very good advice, but it is not too late.

Now you generate an invoice, show the $200 paid and the $200 outstanding. Show the interest rate you charge on overdue accounts. Send it out with a polite letter asking for payment. Follow up with letters or calls at 90 and 120 days.

If they don't pay, send a note to the relevant credit bureaus, and then your choices are suing in Small Claims Court or flipping it out to a collection agency.

No different than any other business.


i agree with this completely but this may vary from state to state (im not sure)
The following user(s) said Thank You: rldimages
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12 years 9 months ago #114885 by Conner

rldimages wrote: If you want to be paid for your work, act like a professional.

A contract is very good advice, but it is not too late.

Now you generate an invoice, show the $200 paid and the $200 outstanding. Show the interest rate you charge on overdue accounts. Send it out with a polite letter asking for payment. Follow up with letters or calls at 90 and 120 days.

If they don't pay, send a note to the relevant credit bureaus, and then your choices are suing in Small Claims Court or flipping it out to a collection agency.

No different than any other business.


Very good advice :goodpost:


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12 years 9 months ago #114956 by Casey T
I would try to be as professional to them as possible, letting them know to put themselves in your shoes. See if that works. $200 for small claims might not be worth the time.

My Passion is being behind my camera and my family.
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12 years 9 months ago #115076 by Flash Steven
One word: contract

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12 years 9 months ago - 12 years 9 months ago #115108 by The Time Capturer
There's no question about the contract being important and I like the invoice idea.

You didn't mention whether or not you gave him the pictures.

If you did give him the pictures:

Since you don't mention it was a friend or relative in your opening statement, I'm assuming you had no former acquaintance with this person. So, the fact that you were on his property, have images of buildings on his property, and the fact that he has a copy of the images you captured, is proof enough to the courts that a "transaction" has taken place between you and your client. However, and this is where the contract comes in, a verbal agreement is all you have in determining payment for that transaction and that's where it gets tricky. Sending him invoices stating the $200 paid and the $200 outstanding is a great idea because, if he doesn't respond, the courts could decide that means he knows he owes it but is chosing to not pay. As mentioned, it would be dependent on the judge as to how it would be interpreted.

If you didn't give him the pictures:

Cut your losses because he paid you $200 to get some excercise and more practice at landscape photography.

Sure, practice makes perfect but, unless you learn from your mistakes, you are only perfecting your ability to fail.
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