Frustration sets in because I can't get paid

[Lisa Breiter]

In January, when my main agency was slow, I took a few jobs for another agency. It was either not work at all or take a chance. I had worked for them many years ago and they were very slow in paying and it took a while but I finally got paid from them. I had also heard rumors that now they didn't pay at all and to be careful. Why, oh, why didn't I listen to those rumors? I decided it would only be a few jobs and I would not extend much credit. I even told the scheduler that I had heard these rumors and she acted so surprised and told me she had never heard that before, lied right to my face.
I decided to claim some victory after I got paid for one appearance fee on time. I thought maybe I'm special, maybe I won't have any problems with them. But now after being promised a check time and time again and even having possession of e-mails promising a check on March 3, I do not have a check.
I was so wary finally that I cut them off at around $700 of invoices so it's not like it was the Franklin Mint of jobs. They've called me many times now for work and every time I tell them I might consider it, but that I needed my money first. They even called me for a last-minute job on May 6 and told me they would messenger me a check that day if I just took their job. I said to her it almost sounds like a bribe, that you won't send me my check unless I extend more credit to you? The temptation came over me that I would say okay and let them send me a check and then blow off their job, but believing in karma, I told her that I don't do business that way, that I try to cultivate relationships over a long period of time so that when I'm in a jam, people are happy to help me. I dutifully sent the same 4 invoices again and waited some more till today.
Today my husband was getting off work early and is close to their office so he told me to call them and tell them he was coming over to pick up the check. I called them and got the "the person who writes the checks isn't here today" song and dance. Then he decided to call and got the same song and dance. His suggestion is to call their clients and let them know I did not get paid. I am not sure what will work at this point, but there's one thing I do know -- I've gotten every penny for 24 years and I'm not stopping now and I'm not giving up. Even though it's only $700, I am owed that money. I provided a service and good service at that, on time reporter, good transcript, on-time transcripts. What more could they possibly ask for? I think they are hedging their bets on a reporter that will roll over and forget about it because it's not worth their time to collect on it. You know what, it is worth my time to collect it because it's the principal and not the amount.
In these hard times, we all have to harden up and run these types of places out of business. Don't give up on collecting your money and do everything you can to help out the places that give good work and pay you on time. The one lesson I learned is I am so thankful for my primary agency, Amicus Court Reporters in Chicago. I'm happy as a clam there.

[Reid Bryce Robbins]

I once had a client in Philadelphia who started to owe my company money. I then still took work from them and billed it out directly (as I told them I would) applying their percentage to the money they owed me. If they are still offering you work, take it, but don't invoice it from them unless they pay you c.o.d. for both the jobs owed and the current job due or unless you follow my way. I still believe in giving them their percentage (although it may be a smaller percentage, if you choose to make that agreement ahead of taking deposition.) My company in Philadelphia did overflow for many firms, most of which, at some point or another, were in over their head in money due to us. Most wanted their work covered and their clients not inconvenienced, so taking the job is the way to collect without court. Good luck.

[Kim Seacord]

Dear Lisa,
I've read your posting of this situation and feel your frunstration. I would like to let you know that I've had a similar situation. I'd like speak by phone and share with you how I resolved it without costing me a dime with zero frustration.
To find out how I did this, you can post your responsee here or e-mail me at [e-mail]

[Judy]

this e-mail suggests that she is reporting without a license. I am struggling with what to do.

Call your CSR board and see if they're interested in her comment and the fact she doesn't have a license.

[Rosalie DeLeonardis]

Mary Jo, why did the judge rule against you when you did the work, and the client received the transcript? Just curious if you feel like sharing.

[Lisa Breiter]

Everyone, thanks for your comments. I got the brush off again today. I was supposed to get a Fed Ex'd check today. I've been promised payment in several e-mails (which I still have), so it's not a matter of we'll get paid when you get paid, at least I was never told of such a policy with them.
The e-mail I got from her today explained that she was on a job today and tomorrow and that is the reason why she cannot pay me, she is not in the office. But recently I have looked up her license and neither owner has an active court reporting license in my state. They expired in 2007. I thought maybe they didn't work anymore, just ran the office, but now this e-mail suggests that she is reporting without a license. I am struggling with what to do.

[Mary Jo Cochran]

Years ago (23) I took a job in a "real-tid-bit" firm in New Orleans. Story: "You're going to make a lot of money - SO, you get paid after we get paid." (When you're young, you're easy to use). After four months I was owed over $5,000. i went to small claims court. I couldn't get proof from her clients they paid her. One even said, "We live here. She's got attorney friends. We really don't want to deal with these issues. You're in Tampa. Forget it and consider it a lesson learned." I lost in small claims.

[Judy]

Go to your court's website and see if you can get a Small Claims form online. Fill it out and e-mail it to her, along with a demand for payment within X days. I had to do that a few weeks ago and I got my money within a week.

And why a reporter would even work with a firm that says "We will pay you when we get paid" is beyond me. You're not their business partner. You're an Independent Contractor that they're hiring for that specific job. You're covering a job, plain and simple; not making the decision whether their client is a credit-worthy client, not making the decision whether it should go out COD, and certainly not in the loop as far as when to file the Smail Claims action. If they can't pay the reporter within 30 days, STAY AWAY. That means they're having cash flow issues. Their phone company, their in-house support staff, nor their suppliers wait until the client pays, why should you?

And one other thing (sorry!). If somebody submits a contract for you to sign before you can take their job: RUN, RUN RUN!

[Elizabeth A. Willis-Lewis]

I have had the same trouble with firms over the years and what I struggle with now is the, "We will pay you when we get paid," firms. I understand their position, but it sure does make paying the mortgage difficult when you don't see a check for a job you did until 6 months or more later :( Keep after them. You deserve to be paid because you provided a service and held up your end of the deal!

[Lisa Breiter]

thanks, Quyen, yes, that could definitely be my next steps. I did get an e-mail tonight from the owner, so I am hoping I can get this wrapped up now.

[Quyen]

Aw, nuts! I meant to edit my reply and accidentally deleted it! D'oh! Okay, lemme try again. *sigh*

I had difficulty, to put it mildly, collecting from a firm. Like you, I had worked with this firm several years before. I'll tell you what I did.

Sent several e-mails to the firm owner and copied her staff on them. Called her and she said she would pay me. No check. Called a few more times and she conveniently was always out of the office. I left a message with her staff as follows:

1) I am owed $X.00, and I want to get paid.
2) If she does not pay me by X date, I will call all the clients and ask if they've paid her, because she won't pay me. Needless to say, the firm owner called me back right away -- she was not happy about this at all. :)
3) I am going to report her to the Better Business Bureau if she doesn't pay me.
4) I am going to take her to small claims, which will wind up costing her even more money than what's owed to me.

You already have the e-mails, promising to pay you. Call him/her and do the four things I mentioned above. If you still are not paid, take them to small claims. It's easy: fill out small claims forms, serve her/him, get court date, show up to court. :)

You will definitely win a judgment for nonpayment. If you made a copy of the check you were paid before, you could then put a lien on that bank account. If you don't have that information, you could put a lien on the business, home, etc.

Nonpayment for services is absolutely unacceptable. Don't just make threats. Make it like Nike and "Just Do It!" Go gitcher money, girl! ;)

Oh, yeah ... I got paid. :)