How to get paid for contract work and deal with debtor

Question

Three weeks ago, I completed a project for a guy. My former CEO gave him a good reference.

The whole time I was doing work for this guy, I gave him updates he could see, and told him he needed to make sure to tell me if there were any changes he needed.

At the end, he told me it looked awesome, exactly what he wanted, and he would send me a check. The next day, he had his buddy check it out, and realized there were a bunch of changes he needed.

I told him I would continue working on this project--to implement these changes--as long as he paid me for the work thus far that he had commissioned.

He's now MIA, doesn't reply to my emails or my phone calls. I've put $2,000 worth of work into this.

Should I try to collect on this? If so, how? Should I take him to small claims court? Forget about it? What?

Answer 1

Send him a written invoice first before getting heavy. If you act professionally, then he might realise you mean business and wont be pushed around.

Answer 2

Very bad on the contractor's part. This is always the problem when you are working individually or is a small company.

Try putting pressure using someone whom you both know. Try talking to him personally.

For future if you want to work as contractor on small (small budget/small timeline) project you should try getting work from Odesk or other sites working as mediator between developers and contractors.

Answer 3

Contact a lawyer.

And in the future, don't provide the finished product to a new client unless you have been paid. Oh, and try and get paid a certain amount in advance. Set up your contract so that there are "stages", after each stage is completed, you get paid a certain amount.

But right now, talk to a lawyer.

Answer 4

I had a similar experiance many years ago and looked into using small claims. Now this is the UK so is almost certainly different in the US. It turned out that, even if you are successful, you aren't gaurenteed payment. If they refuse to pay it will turn up in any credit checks they undertake in the future and that's about the only downside for them. It's an awful lot of work for a small chance of getting the money. Employing a lawyer is just more cost for you, if you could find one that is willing to take it on.

I know it sounds tough but that's my personal experience - in the end I just left it unpaid and made sure I always highlighted the fact to anyone who'd listen (it was fifteen or so years ago, guy called Terry something or other and he worked for Jumping Bean doing pub quiz machine software).

Skizz

Answer 5

All the other advice is good.

The best advice given to me by my lawyer is that contacts are almost worthless, it's all about who you do business with. I've been stiffed a few times in ~15 years of contact work of up to $30K. Sad, but it's part of the business. Try to do business with people you trust. Don't do anything with people who you have bad feelings about.

Answer 6

Bite the bullet and move on with your life. Can't get blood from the stone. Lawyers wouldn't take this case on contingency basis, and any filings turn into more expences on your part.

Just write an email and a letter to your former CEO (cc the bad guy too) explaining how unprofessional that guy is.

Answer 7

At least you stopped working at that point... some people I've heard have kept on working thinking this will help them get paid. Don't do it!