Recently, I photographed a wedding. It was kind of a last minute hire, a friend referred me and the wedding party was a friend of theirs.
I gave them a price, they asked about payments. I said, sure. I quoted them x amount upfront as a non-refundable deposit, then the remainder over 3 payments. Well, I get there and they don't have all the deposit, but beg and plea and swear to high heaven they'll have the remainder to me over the next three weeks.
Each time I called, it was some excuse after another. Now, they just avoid my calls.
I told them plainly and placed in the contract that they receive nothing until I am PIF. Should I just take my losses and let them take theirs and forget about it?
Or, should I press this in a civil court for them breaking a contract?
I'm kind of mixed. Either way, I win...sort of. What urks me is they hired me knowing they wouldn't have the money to pay me. And, now they avoid me like the plague as if I'm so bill collector.
What would you do? Take the money you did get and give her nothing, call it a day? or Take her to Joe Brown?
Most US photographers get 100% prior to the wedding. I insist upon 2/3 prior. Assuming you have a good, signed contract and assuming that the deposit you did receive was meager, I would send them a letter by courier saying that if $XX is not paid by X date you will turn the matter over to the worst collection agency you know of and you will proceed to small claims court and that after X+Y date.
I expect that you'll get nothing and but I would threaten them and follow through. Most collection agencies will want 50%.
Lesson learned, one way or another.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
i agree, nothing inuntill you are PIF. burn the images to dvd/harddrive, forget about the job for awhile untill they call. not saying give them to them, just back them images up so you can come back to them in the future if they call and pay, then you work on the images, till then enjoy other things. also dont order any supplies/albums for the job, wait till you are paid to order them.
doesnt sound like a letter really helps do much here nor legal action. i would be a mad as you, and am not a proponent of avoiding legal action, just doesnt seem worth it here. collections taking 1/2....not really worth it.
you should write a letter, saying payment of this is due by... basically re-stating what is in the contract. perhaps threatening the images will be deleted by....date.
I'd send them a letter explaining that until you are paid, they get nothing.
I'd leave it at that.
Legal action costs you money and if they don't have the money you won't get it anyway, or it will be a nightmare to get it. This is why you need to get paid upfront!
The only time I didn't get paid upfront (a portrait session) they never came back for to even see their pictures! I've had people pay and never come get their pics also.
Learn from this and move on.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
Have to agree with Chris on this, at least you got some money but legal action will cost you time and money and you have no guarantee that at the end of it you will be any better off.
Have a quiet word with your friend too for referring it to you in the first place!
I'd send them a monthly statement and a friendly collection letter. "I'm a small business and can't afford to float my client's credit..." That kind of thing. Friendly but firm.
Keep at it for six months. If you still haven't been paid, then you can file in Small Claims Court and have them served...
My guess is that they'll pay you when they can. They want their pictures don't they? Or are they unhappy with your work? If they feel you didn't do a good job and they don't want their pictures you can keep what you have, or offer to refund it.
It's really down to if I want to go through the hassles of small claims. I have no doubt it will be an open and shut ordeal and that I will win. It's only $80 and I can request they pay that as well.
I have contacted them and informed them their photos are in danger of being deleted if payment is not received and they will be unable to obtain the prints.
They have not even seen the photos as of yet. So, it's not an issue of if they like the work or not. Furthermore, seeing my work is the reason they hired me. In addition, we have a legally binding contract to say the least.
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