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tranfree issue 11 - 15 February 2000

 

Show Me The Money!!!!

How to handle clients who won't pay on time ... or at all.

By Mary Maloof

The strategies described below are applicable to nonpayment of large past due accounts as well as small ones.

First, consider the amount that is past due. You may be sorely tempted to just "let it go" if the past due amount is very small. Don't give in to this temptation! All of you have heard horror stories from fellow translators about how a company cheated them out of a large sum, but I would be willing to bet that there are far more translators who have been cheated out of a tiny sum, yet never mentioned it because "it's just not worth it." It's quite natural to have this attitude because we don't want to get a reputation for being difficult to work with, but if we as translators subscribe to it, clients are implicitly encouraged to do the same -- and on a widespread basis, this can be extremely destructive to the profession.

Often, a client may secretly think, "This job is so small, it's only USD$25/ 15 GPB, I'm just not gonna pay them ... why should I? After all, they 'know the language,' and they won't even miss the USD$25/ 15 GBP." It's seductively easy to play their game and tell yourself, "This job is so small, it's only USD$25/ 15GPB, why bother ... it's just not worth it." Well, it IS worth it to stick up for even the smallest of sums. Remember, other professional service providers, such as telecommunications companies and utilities, tolerate far less from delinquent clients and will cut off service for a past due account that is far smaller than what you're asking for! And your professional services are just as important, valid, and valuable as all the other professional services being offered out there.

Second, assess the amount of time that has passed. If it has been less than a month since you invoiced the company (you HAVE sent the company an invoice that contains the correct amount due and your updated, complete contact information ... haven't you?), all that may be needed is a bit of patience. Wait for a few days to see if the payment arrives. Many companies do not pay their bills until the end of the month, and save all their invoices until that time. However, if you have waited your client out for a month or more, here is what to do next.

Call the company (don't email them!) and ask to speak directly to the person responsible for accounts payable. Ask the person if he/she has received your invoice and if so, would it be possible for him/her to remit the payment to you as soon as possible so that you can close your records? Be polite, of course, but be frank, even if it concerns a tiny payment, because you do need to eat, every little bit of money adds up, and though a bill may be small in relative terms, it's certainly enough to buy your next meal. Don't be afraid to tell it like it is. A good translator friend of mine even goes so far as to say, "Hi, this is Heike. WHERE'S MY CHECK?" as soon as her contact picks up the telephone and says, "Hello?" It works, and her clients are never offended by her approach, so you can't argue with results!

If you use the straight-shooting approach, and they apologize, offering the excuse that they've forgotten and promising that they will send their payment soon, thank them and kindly point out to them that since it's so easy to forget such things and you understand their situation, you will be following up with a reminder letter so that they will have it for their reference. Then follow through with your promise, and SEND it! Even if they say they don't need a reminder letter, send it to them anyway.

The reminder letter is extremely important because it sends a clear signal that as a service provider you're thinking about their needs. Yet at the same time you won't be pushed around and you won't forget about what they owe you. So there is little room left for their memory to conveniently lapse a second time. (Another important function of the letter is that it establishes a "paper trail" if you ever need to present documentation in small claims court.) State clearly in the letter that you will contact them in one month if you don't hear from them.

After one month has passed, contact them by phone if you don't hear from them, just as you stated you would in your letter. Make sure to record the date and time of all phone calls and the name(s) of the person(s) you spoke to, and keep copies of all your correspondence. This further reinforces the "paper trail." Always stay polite and gracious yet firm. If they give evasive answers, reply that if you do not receive payment in one more month, you will be forced to take action in small claims court.

99 percent of the time, even just a whiff of a...

... lawsuit will be enough to get a delinquent client to to pay you. Most companies, if they're smart, definitely don't want the stain of nonpayment on their reputation and will be more than willing to settle out of court before the case is actually brought before a judge.

If the company still refuses to pay, consider the amount past due again. If it is less than USD$50/£30GBP it is probably not worth the hassle to bring your case to small claims court when filing fees and lawyer's fees are taken into account. Moreover, if you are in the United States and the company is in a different state, you must submit your claim in the state where the company is -- and this creates additional hassles. Simply chalk it up to the nonpayment gods, which all freelance translators must make offerings to from time to time. (I look at it this way: if someone refuses to pay me a tiny sum, it serves as karmic insurance against a big client's refusal to pay me a far larger sum). Even if you never get your payment, at least you have stood up for the work you've done, and demanded to be paid for it on time and for the full amount. You have stuck up for yourself, for your profession, and for your fellow translators, so your loss is not a total one, by any means.

 


Mary C. Maloof is a certified Spanish > English translator who resides in Atlanta, Georgia, United States. She is moderator of "SpTranslators," an Internet mailing list for Spanish translators, director of The American Web for International Languages, a worldwide referrals network for translators and interpreters, and owner of Maloof Language Services, Inc., which offers a wide range of translation and interpretation services. For more information about her work, please contact her at mmaloof@sprintmail.com


 

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