What should a freelancer do if a customer refuses to pay
What is the biggest scourge of freelancers and outsourcing companies? - The customer refuses to pay for the work done. Nothing can be worse than this rot.
All these “redo this way and that,” “I need urgently as early as yesterday” or “it’s too expensive, let's reduce the cost” didn’t even stand close to the situation where you, like, did everything according to the agreement, no more, no less , they spent a lot of their time and at the same time even corrected minor issues made before you, and here again - and you understand what seems to be holding you to a snoot.
I sincerely believe that for such customers in hell a specially prepared warm, cozy place is prepared, where they will be fed only with pickled cucumbers and watered with sour milk, and AdGorTeploSpecia will turn off the hot water forever. Somehow it does not fit with the stereotypes of boiling water cauldrons, but I imagine it that way.
')
This is the best option, but for outsourcers and freelancers, unfortunately, the rarest. After all, usually in the presence of an act of work performed, signed bilaterally, such problems do not even arise. But suicides still exist and manage to refuse to pay, even if the contractor has the signed contract. Such daring customers simply expect that the performer will not bother with the papers and would prefer to forget everything like a bad dream. And here it is worth just a little pressure - a piece of paper in this situation helps a lot. With such a trump card in the sleeve, it is a sin not to make a statement to the relevant authorities. But this option is for the lucky ones. Few enter into contracts in advance, so go ahead.
An option for the advanced, who do not mind the time or those who have the sum for the work done is worth it and have the customer's address (home or legal). Then the good old telegram will come to the rescue, if you still remember what it is. It is necessary to send a telegram to the customer with a return notification that the task has been completed and that the certificate of completion should be signed. You can use express mail with the time and date of acceptance of work. Most likely, the customer will not sign the act (bastard because). In this case, you need to make the appropriate mark on the act and send it in a valuable letter with notification and inventory of investments. You can do this through the same express mail and always with an inventory. All this “mouse fuss” is better to perform early, you look and earn something on top for additional penalties. According to paragraph 4 of Art. 753 of the Civil Code of the Russian Federation; it is allowed to issue unilateral acts of services rendered, i.e., works performed. Here the fact is that the customer cannot refuse to sign without valid reasons. Also make a pre-trial claim for payment of debt and send a cunning. If the case does not move and there is no feedback, then either the customer has already died, or you take all these receipts in your handful and go straight you yourself know where - to the court, of course. The main thing is the presence of evidence that you sent notifications and acts (postal receipts, certified telegram texts, etc.).
Copyright is confirmed in two ways: officially (patents, licenses), which is not very applicable in the case of freelancing, and proof that you are the author. Authorship can be proved by using the original work, saved on your computer with the date of creation. It would be ideal if the customer himself specifies the real author when using unpaid work - this will greatly facilitate the process. A good addition will be the e-mail of the contractor to the customer with the outstanding unpaid work. Also, any confirmation of the fact of performing work without payment will fit: screenshots of freelance exchanges with messages, providing access to correspondence, etc.
Save all these “politely remind of yourself” for correspondence with recruiters or your ex. If you are reading this note, it means that the smell is already roasted, and on the forehead an abbreviation of the Odessa persimmon lover has already begun to appear. If there is already a delay, albeit a small one, then this is already an alarming sign. Again, remember your ex. Be confident and make it clear that in case of refusal to pay you will be forced to take measures to recover: from public disclosure to the use of legal methods. Too early for this kind of warning can not be. If the delay has already begun and the customer has not provided a screenshot or other evidence of sending electronic money to your account, then act decisively. As a rule, after such a signal, customers who “will wait” or “and suddenly forget” will immediately give feedback and will try to pay as soon as possible. The term of delay - 2-3 days.
If the customer thought that you are bluffing, that is, continuing to ignore you or coming up with new excuses for deferring payment (a relative is sick, an accountant is on vacation or because gladiolus), then it's time to start more radical measures. Even if his beloved Barsik has passed away, express condolences and “delight” the customer that you still have to pay immediately. Here the phrase “in the event of non-payment I will be forced ...” do not use it anymore She is too soft. At this stage, strongly lead specific threats. No, do not mention bits and shovels, too early. Threaten the customer to do something nasty with the work done, or mess things up with something else. Yes whatever! To achieve the goal all means are good! Tell us what you say on specific forums, blogs and in the media about the bad faith of the customer and his nasty “company”. But for infopovod some dummy material will be taken with pleasure! Think up the nastiest thing you can do to the customer without direct contact with him and tell him about it. At the same time, begin to take legal action to collect the debt and hurry to notify the customer. He should know that in case of refusal to pay, he will have to rake the consequences for a long time. The term delay is 3-7 days.
If the sudden death of Barsik does not give the customer any payment for the task you have completed, then destroy the fruits of your work, if possible, after saving a copy. In the case of developers, make a backup and return the time back. If you have access to FTP, then it is better not to delete it, but rather to “embellish” the existing one. For example, you can quickly turn an online store into a website of the services of a professional proctologist, or distort and open access to a site developed for a customer, or demolish it altogether. Linguists, for example, can distort a translation made or written text and make it public on behalf of the customer. In short, turn on your dark fantasy and realize. Their negative reviews with screenshots wherever possible, are also attached. Send all this beauty to the customer and him at the same time. Offer to put everything back and remove your letters only after payment. The term of delay - more than a week.
Prefer to a freelancing platform where there is a service that can provide 100% payment for your work. Do not press on those unfortunate 10%. Well, you get not $ 100, but $ 90. But get it, because the payment is reserved at the time of choosing you as a performer. If an unfamiliar customer found you somewhere on social networks, then transfer your communication to the platform and let the customer publish the order through a secure transaction. So you protect yourself from the lover of easy money.
This method allows you to reduce the amount that you can throw if you use a direct transaction with the customer. Set goals in advance for which payment will be made. For example, if you are a freelance translator and you need to translate, say, 6000 words, then break the work into three parts of 2 thousand and for each completed part agree with the customer about the payment upon completion.
If you have not agreed on a phased payment with the customer and you have a direct deal, then send half of the work done, and send the rest in an inconvenient format for the customer or simply in screenshots. That is, so that it proves the fact of the work, but so that the customer could not use it in case of a sudden attack of kleptomania.
It is unlikely, but if there is still such an opportunity, then do not be lazy to confirm your intentions to cooperate in writing. Especially when it comes to large amount of the order. This will save you from future problems in case of customer dishonesty.
And you, dear freelancers, have there been any cases when the customer did not pay? Why? And what he argued so not a two-digit statement? Please share your experience (opinion) and answer these questions here (http://goo.gl/forms/MXWiaFHYDv).
All these “redo this way and that,” “I need urgently as early as yesterday” or “it’s too expensive, let's reduce the cost” didn’t even stand close to the situation where you, like, did everything according to the agreement, no more, no less , they spent a lot of their time and at the same time even corrected minor issues made before you, and here again - and you understand what seems to be holding you to a snoot.
I sincerely believe that for such customers in hell a specially prepared warm, cozy place is prepared, where they will be fed only with pickled cucumbers and watered with sour milk, and AdGorTeploSpecia will turn off the hot water forever. Somehow it does not fit with the stereotypes of boiling water cauldrons, but I imagine it that way.
')
Ways to collect money for work done
Legal methods
1. The act of the work performed
This is the best option, but for outsourcers and freelancers, unfortunately, the rarest. After all, usually in the presence of an act of work performed, signed bilaterally, such problems do not even arise. But suicides still exist and manage to refuse to pay, even if the contractor has the signed contract. Such daring customers simply expect that the performer will not bother with the papers and would prefer to forget everything like a bad dream. And here it is worth just a little pressure - a piece of paper in this situation helps a lot. With such a trump card in the sleeve, it is a sin not to make a statement to the relevant authorities. But this option is for the lucky ones. Few enter into contracts in advance, so go ahead.
2. Valuable notice letter
An option for the advanced, who do not mind the time or those who have the sum for the work done is worth it and have the customer's address (home or legal). Then the good old telegram will come to the rescue, if you still remember what it is. It is necessary to send a telegram to the customer with a return notification that the task has been completed and that the certificate of completion should be signed. You can use express mail with the time and date of acceptance of work. Most likely, the customer will not sign the act (bastard because). In this case, you need to make the appropriate mark on the act and send it in a valuable letter with notification and inventory of investments. You can do this through the same express mail and always with an inventory. All this “mouse fuss” is better to perform early, you look and earn something on top for additional penalties. According to paragraph 4 of Art. 753 of the Civil Code of the Russian Federation; it is allowed to issue unilateral acts of services rendered, i.e., works performed. Here the fact is that the customer cannot refuse to sign without valid reasons. Also make a pre-trial claim for payment of debt and send a cunning. If the case does not move and there is no feedback, then either the customer has already died, or you take all these receipts in your handful and go straight you yourself know where - to the court, of course. The main thing is the presence of evidence that you sent notifications and acts (postal receipts, certified telegram texts, etc.).
3. Copyright Protection
Copyright is confirmed in two ways: officially (patents, licenses), which is not very applicable in the case of freelancing, and proof that you are the author. Authorship can be proved by using the original work, saved on your computer with the date of creation. It would be ideal if the customer himself specifies the real author when using unpaid work - this will greatly facilitate the process. A good addition will be the e-mail of the contractor to the customer with the outstanding unpaid work. Also, any confirmation of the fact of performing work without payment will fit: screenshots of freelance exchanges with messages, providing access to correspondence, etc.
Psychological methods
1. Be persistent
Save all these “politely remind of yourself” for correspondence with recruiters or your ex. If you are reading this note, it means that the smell is already roasted, and on the forehead an abbreviation of the Odessa persimmon lover has already begun to appear. If there is already a delay, albeit a small one, then this is already an alarming sign. Again, remember your ex. Be confident and make it clear that in case of refusal to pay you will be forced to take measures to recover: from public disclosure to the use of legal methods. Too early for this kind of warning can not be. If the delay has already begun and the customer has not provided a screenshot or other evidence of sending electronic money to your account, then act decisively. As a rule, after such a signal, customers who “will wait” or “and suddenly forget” will immediately give feedback and will try to pay as soon as possible. The term of delay - 2-3 days.
2. Threaten
If the customer thought that you are bluffing, that is, continuing to ignore you or coming up with new excuses for deferring payment (a relative is sick, an accountant is on vacation or because gladiolus), then it's time to start more radical measures. Even if his beloved Barsik has passed away, express condolences and “delight” the customer that you still have to pay immediately. Here the phrase “in the event of non-payment I will be forced ...” do not use it anymore She is too soft. At this stage, strongly lead specific threats. No, do not mention bits and shovels, too early. Threaten the customer to do something nasty with the work done, or mess things up with something else. Yes whatever! To achieve the goal all means are good! Tell us what you say on specific forums, blogs and in the media about the bad faith of the customer and his nasty “company”. But for infopovod some dummy material will be taken with pleasure! Think up the nastiest thing you can do to the customer without direct contact with him and tell him about it. At the same time, begin to take legal action to collect the debt and hurry to notify the customer. He should know that in case of refusal to pay, he will have to rake the consequences for a long time. The term delay is 3-7 days.
3. Do not you get to anyone!
If the sudden death of Barsik does not give the customer any payment for the task you have completed, then destroy the fruits of your work, if possible, after saving a copy. In the case of developers, make a backup and return the time back. If you have access to FTP, then it is better not to delete it, but rather to “embellish” the existing one. For example, you can quickly turn an online store into a website of the services of a professional proctologist, or distort and open access to a site developed for a customer, or demolish it altogether. Linguists, for example, can distort a translation made or written text and make it public on behalf of the customer. In short, turn on your dark fantasy and realize. Their negative reviews with screenshots wherever possible, are also attached. Send all this beauty to the customer and him at the same time. Offer to put everything back and remove your letters only after payment. The term of delay - more than a week.
Preventive methods
1. Secure transaction
Prefer to a freelancing platform where there is a service that can provide 100% payment for your work. Do not press on those unfortunate 10%. Well, you get not $ 100, but $ 90. But get it, because the payment is reserved at the time of choosing you as a performer. If an unfamiliar customer found you somewhere on social networks, then transfer your communication to the platform and let the customer publish the order through a secure transaction. So you protect yourself from the lover of easy money.
2. Require payment in stages
This method allows you to reduce the amount that you can throw if you use a direct transaction with the customer. Set goals in advance for which payment will be made. For example, if you are a freelance translator and you need to translate, say, 6000 words, then break the work into three parts of 2 thousand and for each completed part agree with the customer about the payment upon completion.
3. Do not send all work at once.
If you have not agreed on a phased payment with the customer and you have a direct deal, then send half of the work done, and send the rest in an inconvenient format for the customer or simply in screenshots. That is, so that it proves the fact of the work, but so that the customer could not use it in case of a sudden attack of kleptomania.
4. Conclude an agreement
It is unlikely, but if there is still such an opportunity, then do not be lazy to confirm your intentions to cooperate in writing. Especially when it comes to large amount of the order. This will save you from future problems in case of customer dishonesty.
And you, dear freelancers, have there been any cases when the customer did not pay? Why? And what he argued so not a two-digit statement? Please share your experience (opinion) and answer these questions here (http://goo.gl/forms/MXWiaFHYDv).
Source: https://habr.com/ru/post/300628/
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