Deadbeat Clients

Listening to: NFL Football (Patriots vs Dolphins)
Writing This: In my living room
Weather: windy

During this Christmas season I have attended a couple of holiday parties thrown by folks in the television industry. One of the biggest topics of discussion, whenever a bunch of freelancers get together, is billing and deadbeat clients. Let me share my three horror stories (I will remove enough details that I won’t get sued)

-1- Shooting a DOC series. Client was always great about paying on the day (hell yeah!) but one day he says he forgot his checkbook. No sweat, based on his past record he's good for it. I invoice via email and the next day he calls with a dispute about the hours. He claims I should only have billed for a half day (call was at 2 pm, event started at 7 pm and wrapped at 11 pm) note: I bill a half day up to 5 hours, a full day after 5 to 10 hours and OT after that and only if it has been pre-arranged as a half day first. His claim was that we only ~met~ at 2 the call wasn't at 2 but rather at 7... Hmmm well, maybe it was a mis-communication. I agree to modify the invoice and re-send it. Days pass... 30 days, no check. 40 days, I call, no answer, no check. 50 days, I call, I email, no answer, no reply, no check. Finally 55 days later he calls and books another shoot day (balls, huh?) I say "no problem but I have to be paid for the last gig first and this gig is COD. I don't take the gear out of the car without 2 checks." He hems and haws but finally agrees. I arrive and he immediately asks me to start helping unload lighting equipment out of his truck. I shake my head and hold out my hand. He grunts and writes out two checks. (remember that this was the guy who had paid on the day at least a dozen times before) We do the interview, it’s a fairly simple gig, and I leave, but because of the history I run to the bank and deposit the checks. Sure enough, the next day he calls me complaining about the sound, it's cutting in and out, it’s unusable, he wants a refund. Suspecting something I ask to hear the tape as I always monitor the return feed and if there was a problem I would have heard it. He delays and puts up roadblocks to me getting to him. I even offer to bring a deck and monitor to wherever he is, whenever. Somehow he decides to decline. Eventually he lets it slip that it sounds bad when he injests it via firewire but OK when he plays it on his camera. Aha! The problem is in his camera (ends up being mis-aligned heads) not my fault - no refund. I never did another gig for him and he left the country soon after never to return (we can only hope)

-2- Worked for a well known production company here in Toronto. They did LOTS of production. I was warned when I started that they had a reputation for late payment but I was just starting out in the biz and needed ay client I could get. At the beginning everything went fine. I was paid on schedule and sometimes early. Then the checks gradually started coming later and later until finally they stopped coming altogether. Called the Accounts Payable Dept. "Oh yes, we've misplaced your invoice. Can you re-send it?" (Did, no check). Called again "Well, we have an issue with the overtime you claimed." (Can't see how that's possible... I didn't claim any overtime on that invoice... Did you want me to add some? No check) Called again "Oh, maybe that was someone else." (Right, no check). Called again "The guy who signs the checks is on vacation" (Probably with MY money. You guessed it... no check) Finally 120 days later (yes, you read that right, 120 days later I called and said that I was filing a Small Claims action against them and was heading down to the court right now but as luck would have it I would pass right by their office on the way (true) and would drop in one last time for a grand total of 30 seconds. If I didn't have a check in my hand after that time I would head up the street and file suit. I arrived and found the door blocked open with a sandbag (this in a security building) and absolutely nobody there! Propped on the reception desk was an envelope with my name on it and a check inside. I yelled "Thank you!" to the empty office and left. Yes the check cashed but they declared bankruptcy not long after. I think I was one of the last guys paid actual money. This was the place where a shooter once walked into the accountants office and demanded payment by threatening to unplug his computer (with all the accounting data inside) right off his desk, take it down the street and pawn it if he didn't get paid (and I know this guy, he would have done it!)

-3- I was booked for two night-shoots on a Thursday and Friday (call times around 7 pm ish...). Wednesday afternoon at 4 pm the guy calls and cancels Friday. OK, it's 51 hours to a 7 pm call. My cancellation policy is clearly stated on my website ( http://www.todio.ca by the way) as: "48 hours to call 50%, 24 hours to call 100%". Tough luck for me, although I had turned down work on that day. The kicker is that on Thursday afternoon he calls and 're-schedules' that evening to the next Thursday. I agree to waive the cancellation fee cause I'm such a nice guy (translation: 'sucker') as long as the shoot is a 'Go'.

Next Tuesday rolls around and he cancels the shoot altogether. I bill for one cancelled day (the original Thursday) and he balks at paying, for FOUR MONTHS. His claim is that I agreed to waive the cancellation fee if he re-booked which he feels he did. He further claims he doesn't owe me a cancellation fee for the second booking because he cancelled outside my 48 hour window.

Cute.

What to do? I could sue him in Small Claims but that could take up to another 6 months. The amount is not really big enough ($500) to send to a billing company who will eat up 75% or so... I'm just not mean enough to report him to the BBB...

Decided to try again with this email:

“Dear Producer:
Please see to this invoice immediately as it is seriously overdue. I think I was more than fair to you and to XYZ Television in only billing you for one cancelled day instead of both days. I think it is time you were fair to me and paid for the cancelled day.

I have left numerous phone messages and emails which have been completely ignored. If this is not paid I will have no other choice than to take this to Small Claims Court with all the attendant hassle and embarrassment that would cause you and XYZ Television not to mention the additional financial impact as I will also be asking for court costs and reasonable interest.

Attached is a reminder invoice for your records.

I trust you will do the right thing and we can put this behind us.”

He sent an email back:

“The cheque will be mailed to you this week for sure. Just so you are aware, I am taking the full hit on this, even though the client cancelled at the last minute and refuses to pay for any cancellation charges. I wish you had of initially told me that you had another booking, as I would have possibly hired someone else. I guess we always learn something don't we!

Thanks.

Best Regards, Producer”

Well boo frickedy hoo! His client stiffed him. Now he knows how it feels.

Even after that message the check didn’t come. I sent him a final email saying

“Dear Producer:

You said, on DATE, that the check would be mailed that week "for sure". As of today, DATE (2 weeks later), I have not received it. I can only assume that you are not intending on paying. I, therefore, have no other option but to seek this money in Small Claims Court. However, in a final effort to be reasonable and to avoid putting you through this action and the additional liability as I will also be asking for interest and court costs, I am prepared to visit your location, XXX on Monday, around noon. If this is the incorrect address please let me know. Please have the check ready for my pickup at that time or I am prepared to immediately go and file a Small Claim action.”

For the record, the client DID pay up a day or so later so my record is still 100%. Sure he's not likely to call me again but I don't care as he wasn't even on my radar as a client. I'd only worked for him twice in the past 4 years. No great loss, just one name off the Christmas card list

I sent him a thank you email stating that I stood ready to support him in his efforts to recover money from his deadbeat client.

3 almost-deadbeats in 22 years. Not a bad track record huh?