Poll: Have you ever taken legal action against a client for non-payment? Thread poster: ProZ.com Staff
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This forum topic is for the discussion of the poll question "Have you ever taken legal action against a client for non-payment?".
View the poll results »
| | | | | Yes, twice (in 30 years) | Feb 8, 2016 |
against two Belgian translation agencies some years ago. Problem was quickly solved after my lawyer's intervention.
| | | | | Fake "good and trustworthy" reputation | Feb 8, 2016 |
ProZ.com Staff wrote: This forum topic is for the discussion of the poll question "Have you ever taken legal action against a client for non-payment?". View the poll results »
I simply put complete information on him, her, them, or it on my website, blogs, and social media accounts. In fact, cheaters chose reputation than money. You know, they need "good and trustworthy" reputation to cheat other translators.
[Edited at 2016-02-08 09:27 GMT]
| | | | | I had to threaten legal action | Feb 8, 2016 |
Just last month I had to threaten a German agency with a debt collection company, because they owed me around €9,000 and stopped replying to emails and hanging up the phone when I called. So I had a look at their Blue Board record on this site, and saw that other translators were having similar non-payment issues. I then got in touch with one such translator, who very kindly gave me the details of the debt collection company that she used to get her money (plus interest). So I emailed the agen... See more Just last month I had to threaten a German agency with a debt collection company, because they owed me around €9,000 and stopped replying to emails and hanging up the phone when I called. So I had a look at their Blue Board record on this site, and saw that other translators were having similar non-payment issues. I then got in touch with one such translator, who very kindly gave me the details of the debt collection company that she used to get her money (plus interest). So I emailed the agency one last time to say that I was going down this route, and as if by magic, the very next day I received the full amount owed in my bank account.
Not the nicest of predicaments to find myself in in the New Year, but I was glad it only took the threat of legal action to make them cough up. I had been working with this agency for 4 years and only ever had minor late-payment issues with them during this time, so it just goes to show that no matter how reputable an agency may seem, you just never can tell... ▲ Collapse
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| Just a letter before action letter | Feb 8, 2016 |
Similar to James, I have once had to send a rather threatening letter to an agency re non payment. This was a LBA, and fortunately I received the overdue payment within a few days. I was not expecting to receive any more work from this agency as a result, and I have not been approached by them again. Shame, they were a very reliable payer and good source of work for a few years before this.
I have also sent out a few reminders over the years, but I can probably count the number of t... See more Similar to James, I have once had to send a rather threatening letter to an agency re non payment. This was a LBA, and fortunately I received the overdue payment within a few days. I was not expecting to receive any more work from this agency as a result, and I have not been approached by them again. Shame, they were a very reliable payer and good source of work for a few years before this.
I have also sent out a few reminders over the years, but I can probably count the number of times on the fingers of one hand. I tend to vet new clients very carefully before accepting jobs, or ask for part or total payment up front for the first job. This, the Blueboard and similar rating sites, has probably saved me some hassle along the way. ▲ Collapse
| | | | Jana Kinská 
Czech Republic
Local time: 23:36
English to Czech
+ ...
| Considering legal action now, actually... | Feb 8, 2016 |
... after 1 year since I issued an invoice to them.
I did send them a couple of reminders and a notice I was considering legal action - no response.
Not sure if a written letter would help anything so I will need to find time to file the European Payment Order, I guess. Fortunately, it is "just" 40 pounds, but I do not want to simpy brush it aside...
| | | | Julian Holmes
Japan
Local time: 06:36
Member (2011)
Japanese to English
| Once or twice | Feb 8, 2016 |
However, a stiff letter from a lawyer motivated and prompted the delinquent payer into action.
In other matters where the customer/client is deliberately flouting the law- primarily the 下請法 or "Act Against Delay in 'Payment, etc.' to Subcontractors" - to put me in a disadvantageous position, I have reported them to the Fair Trade Commission and the FTC has given them a nasty slap on the wrists. In addition to taking up a lot of their time, an investigation by the FTC does prod... See more However, a stiff letter from a lawyer motivated and prompted the delinquent payer into action.
In other matters where the customer/client is deliberately flouting the law- primarily the 下請法 or "Act Against Delay in 'Payment, etc.' to Subcontractors" - to put me in a disadvantageous position, I have reported them to the Fair Trade Commission and the FTC has given them a nasty slap on the wrists. In addition to taking up a lot of their time, an investigation by the FTC does produce results since it publicly shames companies who continue to conduct poor business practices without impunity.
In fact, I'll be asking the FTC to investigate a miscreant this week - something I am looking forward to very much.  ▲ Collapse
| | | | Mario Chavez (X)
Local time: 17:36
English to Spanish
+ ...
| Once, and he was a pastor | Feb 8, 2016 |
A church friend had referred me to this guy for a video script and Spanish translation. They worked as independent representatives of Sprint (a telephone company that was getting started at the time).
Being a complete neophyte, I met this person and took him at his word: “It's a short video.” I asked a friend to transcribe the video (in American English) and I was getting ready to start the translation. I can't remember (it was 1991 or 1992) if I ever completed the translation ... See more A church friend had referred me to this guy for a video script and Spanish translation. They worked as independent representatives of Sprint (a telephone company that was getting started at the time).
Being a complete neophyte, I met this person and took him at his word: “It's a short video.” I asked a friend to transcribe the video (in American English) and I was getting ready to start the translation. I can't remember (it was 1991 or 1992) if I ever completed the translation but I do remember sending him a bill for $2,000. Months later, I opened a small claims court claim for nonpayment. I attended the court proceedings and the court decided in my favor.
However, I didn't collect a single dollar because I had no financial information on the miscreant: no bank account numbers, for example, that the court could place a garnishment on.
So, lesson learned. ▲ Collapse
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| No, but I have threatened to | Feb 8, 2016 |
My husband has a very good voice for reading up sections of legislation on the phone.
He was also CFO for a medium-sized export company, and knew all the routines from his own job. So once or twice he has phoned clients 'on behalf of Christine Andersen Translations' and mentioned legal action... ad they decided to pay.
Usually, however, an e-mail with a gentle first reminder is enough - there has been some minor problem, so the client apologises, and the money is in my ... See more My husband has a very good voice for reading up sections of legislation on the phone.
He was also CFO for a medium-sized export company, and knew all the routines from his own job. So once or twice he has phoned clients 'on behalf of Christine Andersen Translations' and mentioned legal action... ad they decided to pay.
Usually, however, an e-mail with a gentle first reminder is enough - there has been some minor problem, so the client apologises, and the money is in my account the next working day. ▲ Collapse
| | | | DianeGM
Local time: 00:36
Member (2006)
Dutch to English
+ ...
| I've threatened to ... | Feb 8, 2016 |
twice. After a lawyer's letter, both cases were immediately paid in full.
| | | | | I've involved my lawyer twice | Feb 8, 2016 |
... but the letter from her was enough to get the issue settled.
One rule if you're a beginner in the translation industry: make sure you have at least one lawyer friend for cases such as these.
| | | | Sheila Wilson
Spain
Local time: 22:36
Member (2007)
English
+ ...
| French Small Claims Court worked a treat | Feb 8, 2016 |
I'd even (stupidly) signed a teaching contract that said I wouldn't be paid until the end of a course I was giving. When a student pulled out mid-course, they refused to pay me a penny, saying I had to accept a very different student (evenings, far from home etc). I completed the forms for the SCC in France, and handed over just a very few euros (€35?). The judge ruled that the contract was abusive! Amazingly, the client didn't respond when served with the papers, so I got a second injunction.... See more I'd even (stupidly) signed a teaching contract that said I wouldn't be paid until the end of a course I was giving. When a student pulled out mid-course, they refused to pay me a penny, saying I had to accept a very different student (evenings, far from home etc). I completed the forms for the SCC in France, and handed over just a very few euros (€35?). The judge ruled that the contract was abusive! Amazingly, the client didn't respond when served with the papers, so I got a second injunction. That one was served by a bailiff, a policeman and a strong-arm man. This time the bailiff left with a cheque to cover my invoice, statutory interest and all expenses plus all the other court expenses (e.g. the time of all three people serving the order). The client ended up paying well over twice the invoice amount and all I paid out for was some photocopies and registered letters. Plus my time, of course.
I almost took legal action against a French translation agency, while I was living here in Spain. He was giving me the old "my client hasn't paid me" rubbish excuse. I prepared an EU Payment Order but you can save it as a PDF before submitting it with your payment (again very small), so I sent that to my client giving him the date it would be submitted. I never got to do that as he paid the very next day! He could see I meant business and he knew he didn't have a leg to stand on. ▲ Collapse
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Mario Freitas
Brazil
Local time: 18:36
Member (2014)
English to Portuguese
+ ...
For a USD 3000 unpaid set of jobs. I won the case, and I will do it again if required, no hesitation.
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