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Appropriate action to take in response to non-payment of invoice
Thread poster: Mark Harris
Mark Harris
Mark Harris
France
Local time: 15:22
French to English
+ ...
Mar 8, 2021

Hey all,

So I have a customer who is very late paying an invoice I sent them and I would love to get your advice on what might be the appropriate action to take. I have only been working with this translation agency for a few months and they have been late paying me every month so far, and I have also had to chase them each time to actually get paid. I have an invoice of around €900 that was due for payment on the 1st of February (based on agreed 30 day terms) and I have still not
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Hey all,

So I have a customer who is very late paying an invoice I sent them and I would love to get your advice on what might be the appropriate action to take. I have only been working with this translation agency for a few months and they have been late paying me every month so far, and I have also had to chase them each time to actually get paid. I have an invoice of around €900 that was due for payment on the 1st of February (based on agreed 30 day terms) and I have still not been paid. I have chased them several times, and been given various different excuses, largely that they are having cash-flow issues. I told them I needed this payment last week because it was already a month late, and they said this would happen. It has not happened so I have sent another email to chase, which they haven't replied to yet.

What would you do in this situation? Is it appropriate to threaten legal action at this point, or do you think this is perhaps too aggressive? How late would an invoice have to be for you to reach that point? Bearing in mind I have already accepted that it is unlikely that I would ever work with them again after this.

Also, if anyone has any information about taking this kind of legal action in France that would also be very useful.

Any advice would be greatly appreciated.

[Edited at 2021-03-08 11:54 GMT]
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Tom in London
Tom in London
United Kingdom
Local time: 14:22
Member (2008)
Italian to English
This works in Italy Mar 8, 2021

Write them one final email, saying politely

"Unless I receive payment in full, into my bank account, within the next ten working days, other action may follow without notice. This terminates our direct correspondence".

NEVER contact them again yourself.

During the 10 days, use Proz to find a lawyer based in the same town or city as the non-paying agency.

Then wait. If my method works in France as it does in Italy, you will be paid. If it doesn'
... See more
Write them one final email, saying politely

"Unless I receive payment in full, into my bank account, within the next ten working days, other action may follow without notice. This terminates our direct correspondence".

NEVER contact them again yourself.

During the 10 days, use Proz to find a lawyer based in the same town or city as the non-paying agency.

Then wait. If my method works in France as it does in Italy, you will be paid. If it doesn't, contact the lawyer.

REPEAT:

NEVER contact them again yourself- even if they contact you after your final message.



[Edited at 2021-03-08 14:58 GMT]
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P.L.F. Persio
Angie Garbarino
Mervyn Henderson (X)
Dayo Oyedokun
Mohamed EL MALKI
 
Mervyn Henderson (X)
Mervyn Henderson (X)  Identity Verified
Spain
Local time: 15:22
Spanish to English
+ ...
I know just the man Mar 8, 2021

Why don't you just hire Tom? I agree with everything he says. Well, I think I do, but there's one bit I don't understand. Why does he have to repeat that phrase at the end? And where should he do that? And how many times should he repeat it? And to whom?

expressisverbis
Angie Garbarino
 
Tom in London
Tom in London
United Kingdom
Local time: 14:22
Member (2008)
Italian to English
Ignore Mar 8, 2021

Mark - just ignore that ****er. He's a troll, trying to wreck these forums. Others will be more helpful.

[Edited at 2021-03-08 15:31 GMT]


 
Mervyn Henderson (X)
Mervyn Henderson (X)  Identity Verified
Spain
Local time: 15:22
Spanish to English
+ ...
Right Mar 8, 2021

He's right, Mark, but only on two of three counts. He's right in his advice, he's right that you should ignore me, but he's NOT right about the trolling and wrecking. Trolls and wreckers are another item altogether.

The ****er has been said to me before and so often, so I'm OK with that.


expressisverbis
P.L.F. Persio
Sheila Wilson
Christopher Schröder
 
Mark Harris
Mark Harris
France
Local time: 15:22
French to English
+ ...
TOPIC STARTER
Thanks for the advice Mar 8, 2021

Tom in London wrote:

Write them one final email, saying politely

"Unless I receive payment in full, into my bank account, within the next ten working days, other action may follow without notice. This terminates our direct correspondence".

NEVER contact them again yourself.

During the 10 days, use Proz to find a lawyer based in the same town or city as the non-paying agency.

Then wait. If my method works in France as it does in Italy, you will be paid. If it doesn't, contact the lawyer.

REPEAT:

NEVER contact them again yourself- even if they contact you after your final message.



[Edited at 2021-03-08 14:58 GMT]



Yeah, I figured it was probably about time I move to that step. They assured me they would pay last week, which they obviously did not, and have failed to reply to my follow-up email today. This tells me they have no intention of paying, so I think I will give them to the end of this week and then follow your advice.


 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 14:22
Member (2007)
English to Portuguese
+ ...
@Mark Mar 8, 2021

If your customer is in Europe you can use the European Small Claims Procedure (https://e-justice.europa.eu/content_small_claims-42-en.do) to make a claim against him. I’ve never used it but I’ve read here that other translators... See more
If your customer is in Europe you can use the European Small Claims Procedure (https://e-justice.europa.eu/content_small_claims-42-en.do) to make a claim against him. I’ve never used it but I’ve read here that other translators have used it (https://www.proz.com/forum/money_matters/297995-small_claims_courts_in_spain.html). Good luck!Collapse


P.L.F. Persio
Sheila Wilson
expressisverbis
Mervyn Henderson (X)
ahartje
 
Sheila Wilson
Sheila Wilson  Identity Verified
Spain
Local time: 14:22
Member (2007)
English
+ ...
Send the PDF of the submission Mar 8, 2021

Teresa Borges wrote:
If your customer is in Europe you can use the European Small Claims Procedure (https://e-justice.europa.eu/content_small_claims-42-en.do) to make a claim against him.

I've twice prepared an EU Payment Order claim but I've yet to submit one to the court. There's a step before that where you can save the order as a PDF, before you have to pay anything. Both clients paid immediately on receiving the PDF attached to a final demand email. I also, long ago, actually took a French client to court when I was living in France. I did have to pay around €30 for the first round and then over a hundred euros because they failed to respond to the court order. They responded pretty quickly when a policeman and a bailiff turned up on the doorstep, and I got all my expenses repaid in full along with interest. According to the bailiff, the client ended up paying a good 200% of the invoice amount as there were significant court costs .


P.L.F. Persio
expressisverbis
Maria Teresa Borges de Almeida
Mervyn Henderson (X)
ahartje
 
Tom in London
Tom in London
United Kingdom
Local time: 14:22
Member (2008)
Italian to English
Let them think it through for themselves Mar 8, 2021

Mark Harris wrote:

Yeah, I figured it was probably about time I move to that step. They assured me they would pay last week, which they obviously did not, and have failed to reply to my follow-up email today. This tells me they have no intention of paying, so I think I will give them to the end of this week and then follow your advice.


Yes- if you need to, just send them that final email and then leave them completely alone, without any further input from you, to work out for themselves what might happen if they don't pay. They are intelligent people and it won't take them long.

I had a case just like this very recently, with a university professor (no less) at the University of Parma who failed to pay me (€795.00). I did as described and the money arrived into my bank account 3 days later. Thanks to colleagues here at Proz, I even had a local lawyer in Parma all lined up and ready to go, if needed.

[Edited at 2021-03-08 18:00 GMT]


Mervyn Henderson (X)
P.L.F. Persio
Adieu
 
Mark Harris
Mark Harris
France
Local time: 15:22
French to English
+ ...
TOPIC STARTER
Sounds ideal Mar 8, 2021

Teresa Borges wrote:

If your customer is in Europe you can use the European Small Claims Procedure (https://e-justice.europa.eu/content_small_claims-42-en.do) to make a claim against him. I’ve never used it but I’ve read here that other translators have used it (https://www.proz.com/forum/money_matters/297995-small_claims_courts_in_spain.html). Good luck!


That sounds like the perfect option in this case, many thanks for the suggestion, I hadn't heard of this procedure before. I've had customers pay me late before, but this is the first time it has reached this level. Hopefully just the threat of legal action will be enough.


 
Mark Harris
Mark Harris
France
Local time: 15:22
French to English
+ ...
TOPIC STARTER
Perfect Mar 8, 2021

Sheila Wilson wrote:

Teresa Borges wrote:
If your customer is in Europe you can use the European Small Claims Procedure (https://e-justice.europa.eu/content_small_claims-42-en.do) to make a claim against him.

I've twice prepared an EU Payment Order claim but I've yet to submit one to the court. There's a step before that where you can save the order as a PDF, before you have to pay anything. Both clients paid immediately on receiving the PDF attached to a final demand email. I also, long ago, actually took a French client to court when I was living in France. I did have to pay around €30 for the first round and then over a hundred euros because they failed to respond to the court order. They responded pretty quickly when a policeman and a bailiff turned up on the doorstep, and I got all my expenses repaid in full along with interest. According to the bailiff, the client ended up paying a good 200% of the invoice amount as there were significant court costs .



That's a great suggestion, thanks Sheila. That's definitely what I will do, if necessary, and hopefully that will be enough to push them into paying, without me having to take it any further.


Nena Perovic
 
Christopher Schröder
Christopher Schröder
United Kingdom
Member (2011)
Swedish to English
+ ...
Inform rather than threaten Mar 8, 2021

Given that they are serial late payers, and it’s really not that late yet, I would think the next step is to tell them you’re going to make a small claim if they don’t pay up, rather than go to the trouble of making one - and then stop working for them.

I’m not sure how far Tom’s advice to call them ****ers will get you.


Dan Lucas
P.L.F. Persio
Mervyn Henderson (X)
expressisverbis
Maria Teresa Borges de Almeida
Angie Garbarino
 
Dan Lucas
Dan Lucas  Identity Verified
United Kingdom
Local time: 14:22
Member (2014)
Japanese to English
Hard to tell in advance Mar 8, 2021

Chris S wrote:
and then stop working for them.

If they're "late but reliable" he may wish to stay on good terms with them, unless not being paid is having a serious effect on his finances. Problem being of course that he may not find out that they're unreliable until it's too late.

Dan


P.L.F. Persio
expressisverbis
Maria Teresa Borges de Almeida
Josephine Cassar
Edward Potter
 
Nikki Scott-Despaigne
Nikki Scott-Despaigne  Identity Verified
Local time: 15:22
French to English
Check the terms you agreed upon then go through the paces Mar 9, 2021

Don't take this as Granny teaching you how to suck eggs, but are you sure of the terms you agreed upon?
Agencies often have very lengthy agreements and small details can make all the difference and that are easy to overlook: having to submit your invoice before a particular date is a common one. If you miss the deadline, you "lose" 30 days and are on the next list. Some agencies politely (?!) ignore what was agreed and will gladly stick to their own terms. Then there is the simple fact th
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Don't take this as Granny teaching you how to suck eggs, but are you sure of the terms you agreed upon?
Agencies often have very lengthy agreements and small details can make all the difference and that are easy to overlook: having to submit your invoice before a particular date is a common one. If you miss the deadline, you "lose" 30 days and are on the next list. Some agencies politely (?!) ignore what was agreed and will gladly stick to their own terms. Then there is the simple fact that many agencies are among those that are struggling more than usual due to their clients paying late under the effects of the pandemic.

I think you simply need to go through the paces. If you decide to use a small claims procedure, you need to demonstrate the steps you have taken. These will include:

1) First reminder
- copy of invoice
- reminder of terms and conditions (deadlines and consequences (interest, penalties)
- request for payment within X days and reference to consequences if fail to pay
- you may decide to suggest payment in instalments but upon the condition that X% be paid immediately
- if you do go for instalments, be clear and strict again about the consequences of default

2) Second reminder
- reference to first reminder and consequences
- state that no response received and/or no offer of payment
- they now have 24/48/72 hours to make full payment, failing which you will take legal action

3) Legal action
- go ahead and act upon what you stated

4) Bonus
Obviously, your agreement includes clear provisions relating to the consequence of late payment (?*!). Note that if the agency is in France, there is an entitlement with professional clients to claim the sum (forfait) of 40€ for recovery costs, conditional upon your having indicated that you would do so in theevent of late payment.

I think that without being robotic about it, it is important to have a late payment procedure in place and to be systematic about applying it. You don't have to be threatening. Indeed it is just part of ordinary commercial practice. You are not just in the business of being a translator - you are in business.
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Nena Perovic
Edward Potter
 
Mark Harris
Mark Harris
France
Local time: 15:22
French to English
+ ...
TOPIC STARTER
That was my original thinking Mar 10, 2021

Dan Lucas wrote:

Chris S wrote:
and then stop working for them.

If they're "late but reliable" he may wish to stay on good terms with them, unless not being paid is having a serious effect on his finances. Problem being of course that he may not find out that they're unreliable until it's too late.

Dan


I thought like that initially as they did always pay eventually after I sent them a few reminders, but this is the largest invoice so far and they have never been anywhere close to this late before (now almost a month and a half late). They have already promised to pay it by a certain date, which didn't happen, and then ignored my follow-up email. I also happen to know another translator who worked with them and had to threaten legal action to get paid. Therefore, I think it's the end of the line for our business relationship (once I get paid of course)!


Edward Potter
 
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Appropriate action to take in response to non-payment of invoice







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