Customer Wont Pay

[nickn]

I need some legal / professional advise on this one. I shot a wedding 5 weeks ago and to date I have only been paid $300 of the $1,300 owed. I have a contract signed and dated with full details and everything else. Simple Right?.

Here is where things get complicated.

The wedding was for a young bride and her husband. I got connected to the wedding because the mother of the bride is a professional wedding planner and she has been using me as a wedding photographer for the past 4 years as her highest recommended wedding photographer. I have shot about 20 weddings for this woman and the clients she brings in.

I have contacted the daughter and all I get is voice mail.

Typically i charge a 50% retainer fee upon booking of the wedding. The couple was tight on money and paying for their own wedding so as a professional courtesy i lowered my rate by 30% and allowed them to pay in increments. The bride gave me a $100 check the day of booking and $100 a month for the next two months leading up to the wedding. After the wedding, nothing, no contact, no email responses, nothing. I called the mom/wedding planner and told her the situation and she said she would call her daughter and talk to her about it, the bide told her that she couldn't pay me because they had no money.

My question is what should be my next course of action, I am afraid of legal action because of the relationship i have with the wedding planner. Do I calk it up to a learning experience and move on?

[candleman]

well, stop editing them.
dont hand them over until fully paid.
dont waste any more time on this until you get some money from it.

I have in my contracts that i wont supply anythig until fully paid, and i'll stopwork on editing if they delay payment.

this has nothing to do with the planner.. your contract should be between you and the couple.
give it a few months.. eventually they will want ther wedding pictures...

[Jim Poor]

+1, but send them a courteous note saying something along the lines of

"I understand how hard it is starting out when money gets tight. Your photos will be here when you're ready to pay for them, but for the time-being I've stopped all work on them."

Might need a bit of word-smithing, but the general tone should be nice, at least for now.

Originally Posted by candleman

well, stop editing them.
dont hand them over until fully paid.
dont waste any more time on this until you get some money from it.

I have in my contracts that i wont supply anythig until fully paid, and i'll stopwork on editing if they delay payment.

this has nothing to do with the planner.. your contract should be between you and the couple.
give it a few months.. eventually they will want ther wedding pictures...

[OsmosisStudios]

Also, consider adding a timeframe for payment/delivery into your contracts. Payment must be made within X days. If they dont in that time frame, you send 3 PAST DUE reminders every 2 weeks. After that, you sue.

Wait a bit longer and see what develops. Just dont touch them until they pay you. If, when they do pay, they also ask why the pictures are taking so long, tell them it's because it took them so long to pay you

[Jim Bryant]

Use Jim Poor's advice but also mention that according to the contract..they are bound by law to pay. Otherwise get a lawyer, have him write them a letter, it that doesn't work small claims court might wake them up. Anything over a 1,000.00 is a felony.

[BCampbell]

You can contact a lawyer and tell them you have a breach of contract. Of course, this will cost you money.

Small claims cour is probably the way to go, check in your municipality, the maximum amount of claim may be different in different areas. Send a certified return receipt letter giving them some reasonable time to contact you and resolve the matter -- say 30 days. Inform them that you will take the matter to court for breach of contract otherwise.

Now, your contract is probably contingent on you providing the finished product. So you'll still need to fulfill your side, make sure you have that product ready. This is really where a lawyer helps out but if your contrast is worded well and straightforward, and you have good records of the money you've collected and your communication so far, you'll have a strong case. Small claims court is not like Law & Order.

Good luck.

[RLucas]

Originally Posted by OsmosisStudios

If, when they do pay, they also ask why the pictures are taking so long, tell them it's because it took them so long to pay you

While I do agree with the sentiment here, I do not think this would be a wise decision, and I also feel it would be rather juvenile. A good business person always does their best to fulfill their obligations, no matter their personal feelings.

Two wrongs rarely make a right......

[LeeR]

I am inclined to agree with those who recommend patience. Yes, you have the right to take them to small claims court and demand they fulfill the obligations of the contract but in the long run that's not likely to win you any friends. It happens; we bend our own rules against our better judgment and it comes back to haunt us. There is no sense in compounding the issues by taking legal action. Be the hero and show some restraint. I promise you, that bride wants those pictures worse than you want your money. She'll find a way.

[kirbinster]

I second the idea of sending a polite note and just waiting, while doing no work on the photos. Then, be prepared to just write it off - and let it drop. Normally you would not do this, but you did work for a relative of a business relation. If you screw them over it will likely be the last gig you get from the wedding planner. Just think how much money you already made from her - do you want to loose that. You might even send her one nice 8"x10" of the couple and tell them you wish you could deliver more but unfortunately cannot until you are paid. It might go a long way towards perserving your relationship and getting the mother to do something to get you paid.

[dakwegmo]

Originally Posted by kirbinster

I second the idea of sending a polite note and just waiting, while doing no work on the photos. Then, be prepared to just write it off - and let it drop. Normally you would not do this, but you did work for a relative of a business relation. If you screw them over it will likely be the last gig you get from the wedding planner.

That was my feeling too. You're out $1000 bucks, which really sucks, but if you alienate one of your best referrals, you could be out a lot more.

Originally Posted by kirbinster

Just think how much money you already made from her - do you want to loose that. You might even send her one nice 8"x10" of the couple and tell them you wish you could deliver more but unfortunately cannot until you are paid. It might go a long way towards perserving your relationship and getting the mother to do something to get you paid.

I'd disagree with this. At least the part about saying anything about not being paid. Laws that protect consumers privacy apply to small businesses, too. Unless she was a party to the contract, or specifically authorized to discuss the contract, discussing it with her could put you on the wrong end of a lawsuit.