Freelance magazine refusing to pay

[misskitty5077]

I have been freelancing for a local mag for several years now. The terms were always paid upon publication and we never had a contract. Everything was "verbal" through emails.

They have stiffed me for two articles. In the past, they lost checks then always made them good so I was hoping that this was an oversight on their part. It wasn't.

I have never met the publisher/designer/owner in person as I have always communicated with them by email. I have emailed several times about these two articles and they have simply blown them off and not bothered to respond.

Can anybody advise me how to proceed here? I really hate to cut my ties with the magazine and that is what they're banking on. I have made some contacts by shooting for them and I don't want to lose that.

It is a matter or principle: I did the work and they should pay. They were happy with the shots or they would not have used them or asked me to reshoot. I know they are paying others. They wrote wanting to know if I was going to contribute to the last issue and they were told no, not unless I am paid for the two previous months first.

I am pretty irked here. The money is not a lot but I could buy some filters, books, darkroom stuff or whatever to help feed this expensive hobby. I am just unsure how to proceed and fear that my future with them is gone anyway. I don't want to completely burn the bridge but I want what is mine. I spent about ten hours on one of these jobs between traveling, attending the interview and then did some more candids.

I am considering writing a letter/invoice (I will have a lawyer look over it before I send it) and giving 30 days to pay. I don't think they will but after that I am not sure how to proceed. Cut my losses or small claims court? That will be a hassle and definitely burn my bridges with them...

I know, always do a contract first now but it is too late for this time. So...

Suggestions? Ideas? Advice? Words of wisdom?

Thanks all.

[cdifoto]

Send them an invoice by registered mail. Don't shoot for them again.

[Kraig C]

Tell them, you've been kind enough to ask politely over a [certain time period] for payment for your work, that they in turn published, for a fee; based on your verbal/written contract via "email" communications.. Tell them that in the future, if they would like to work with you, they can pay for a subscription to your catalogue, from which they can order images, based on usage terms; such as "paid in full" before delivery.

This way you have "other" magazine publishers also looking at your current catalogue, a subscription to your catalogue would provide you with income to cover the cost of a decent catalogue; and provide your clients with good samples.. "as long as you keep it up-to-date" It might scare away the people not willing to pay you.... "not a bad thing"

Also send them a cease and dessist letter for all your other previous images as they have broken your contract... And worst case, file suite for damages on the current unpaid contract.

[misskitty5077]

Thanks.

I am gonna send a letter and include a cease and desist clause. I wouldn't have thought of that!

:(

[dseered]

Thanks.

I am gonna send a letter and include a cease and desist clause. I wouldn't have thought of that!

:(

Visit the office if you can and introduce yourself, should make things interesting :)

[neil85]

you have kept the emails sent between you and the company right? so you should have some sort of wording that states they will pay you for anything published by you.


id print them all off, remind them that on this date so & so sent an email stating the terms. and that you have subsequent emails depicting the same.

[transcend]

If you have the emails you discussed things with them in, it shouldn't be hard. Invoice with 14 day term + penalties of 15%. After 30 days send them to a major corporate collection agency.