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Written by Richard Weisgrau
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Saturday, 12 May 2007 |
 Originally published as Chapter 13, in the book titled The Real Business of Photography , Allworth Press, NY ISBN 158115-350-3
Call the Debtor
The telephone call is made to your client’s accounts payable
department. Don’t hassle the art director or editor with a call unless
you think he or she can really get you some action. When you call have
all the information about the job and copies of both invoices and any
purchase orders or other paperwork. This is an important call. You are
going to be very friendly, but you are going to push for action. Once
you have the person on the phone you might say something like this.
“Hello. I need some help with a payment that I invoiced back on (date)
for (insert $). It was for photography on the (insert account name or
job). I sent a second invoice last week, and I need to check on its
status. Can you help me?”
If the person answers No, you say: “Please connect me with someone who
can.” Most likely they will help you or connect you with someone who
can. You repeat the same introductory message to everyone that you have
to talk to. Once you get to the right person you ask when the check
will be sent out, because you have to have the payment by (second
invoice due date). If you get a commitment that the check will be sent
by the required date, your call is done. If you do not, then you have
to negotiate a date, if you can. If you cannot, it is probably a sign
that the company is having some sort of problem. If so, you offer a
suggestion like this:
“From what you are saying I sense that payment is a problem. I’d like
to suggest that you make a partial payment now and spread the balance
out over the next few weeks to make it easier. I’ll be happy to work
with you, but I do need to be paid something now.”
You will either get cooperation or you will not. If you do not, the
thing to do is get ready to send out the first letter on the task
timetable. Send it out on time. The letter might read like this:
Dear (insert name):
My invoices (copies attached) have gone unpaid in spite of my attempt
to work out a partial payment with (name) in accounts payable. As a
businessperson, I understand that sometimes it is difficult to make
timely payment of an invoice. But I don’t understand anyone being
unwilling to work out a payment arrangement, as I tried to do with you.
I want to be reasonable about this matter so neither of us has to deal
with an unpleasant situation. This letter is an attempt to resolve the
matter fairly and amicably. Please send payment in full immediately, or
contact me to arrange a payment schedule.
I expect a reply no later than (insert date five days hence). Failing that I will have to take additional action.
Sincerely yours.
(signed)
If you do not get the phone call to settle the matter, or a check, you
send out the second letter on the date planned. It might be written
like this.
Dear (insert name):
My polite attempts to amicably resolve your failure to pay the attached
invoices and your failure to reply to my previous letter (attached
hereto) force me to offer you this final chance to make payment before
I take more severe action to collect the money you owe me.
Unless I receive payment in full immediately or a partial payment of
(insert amount) along with a phone call to set up a payment schedule I
will be forced to take the following action.
(insert option depending on your circumstances)
Option 1
A claim for the full amount owed will be filed in small claims court.
The claim will name both your company and your client company, (insert
their client’s name), citing your company as an agent of your client.
You can avoid a very unpleasant experience complying with the above
demand.
Option 2
I will turn the collection of this invoice over to my attorney with
instructions to do whatever he deems necessary to collect my money from
you or your client (name client). You can avoid a very unpleasant
experience complying with the above demand.
Option 3
I will turn the collection of this invoice over to a collection agency
with instructions to do whatever it deems necessary to collect my money
from you or your client (name client). You can avoid a very unpleasant
experience complying with the above demand.
Regrettably,
(signed)
Be brief when making threats. Long-winded threats lose their impact. The letter must be simple to understand and comply with.
Your final action is taken if the second letter goes ignored. You do
what you threatened to do. If you do not, you will never collect any of
the money owed to you by your ex-client. You have been as flexible and
have shown as much patience as anyone should in trying to collect your
due. When you are ignored in such circumstances you are dealing with a
person who ought not be in business. If you teach him a lesson, maybe
he will pay the next photographer. If a photographer before you taught
him a lesson, you might not be having the problem.
Go to Part 7
(c) 2004 Richard Weisgrau [contact] [bio]
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Last Updated ( Saturday, 19 May 2007 )
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