Topic: How to get delinquent publisher to pay?

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croaky Posted – 2/16/2008 3:33:13 PM | show profile | email poster
I did a few thousand dollars' worth of work for a large, successful glossy published by a large publishing house. For months, I've been trying to get my money. No dice. The woman who was "helping" me won't even return my calls now, even though I've done the friendly-but-firm thing.

I have a signed contract, I fulfilled my end of the bargain, the work's been published, and I haven't seen a cent. The first invoice I sent was in July, the second in November, and the third in December.

Any suggestions on how I can proceed? I'm planning to send a letter that says, "Pay me within 30 days, or legal action shall begin, suckers." Any other ideas? Thanks!
reporterwriter Posted – 2/16/2008 5:40:06 PM | show profile
Are you certain that the person "helping" you is the correct person? Is she in the accounts payable department?
croaky Posted – 2/16/2008 6:33:24 PM | show profile
Yep, she is.
She's in the accounts payable department of the publishing house. At first she was really helpful, told me to resend the invoice directly to her, and then she'd call me with an update. When she didn't, I called her and left a message. No reply. Called again. No reply.

I've talked with a few other freelancers and they are also having trouble getting paid for their work in this publication. Maybe the celebrity "running" the magazine is too busy drinking a certain brand of coffee to get things done. Ugh.

le tangerine dream Posted – 2/16/2008 7:27:53 PM | show profile
I think it's time to threaten legal action. ...it sounds like it's the only thing that's going to give them a well desereved kick in the ass forcing them to pay what they owe.
write2rachel Posted – 2/16/2008 7:44:55 PM | show profile
That really stinks. I would send one more invoice, with the terms about paying in 30 days or legal action will proceed...

BUT -- send it registered letter. Also, make sure you keep all of your email exchanges.

Good luck!!

------
www.rachelcericola.com
nellie bly Posted – 2/16/2008 8:07:19 PM | show profile
Forget about the woman who you thought was "helping" you but clearly was no help at all.. I suggest you send the registered letter to the top dogo(wner, publisher or CFO) detailing the dates of previous invoices and requesting immediate payment otherwise you'll turn the matter over to the NWU or Authors Guild. I always got paid within a few days when I said that b/c they realized I had the clout of an organization behind me. If you're not a member of a writers advocacy group, don't let that stop you. (You could join!) Or you could say you'll turn it over to a lawyer.

In one case I remember mentioning to the publisher how much I enjoyed writing for their publication and wanted to continue but couldn't swing it if I didn't get paid. I got paid, though of course I decided not to write for them again.
nellie bly Posted – 2/16/2008 8:08:09 PM | show profile
oops that's "top dog" as in owner....
Stanley_Milgram Posted – 2/17/2008 6:52:32 PM | show profile
Small claims court
You can probably send one more letter saying "final notice" though deadbeats usually don't respond to those things if they haven't responded before. Your best bet is to sue them in small claims court. You must sue them in the state where they are located, which is probably New York (though your clues about the "celebrity" and "coffee" are tantalizing, I'm still not sure which celebrity, coffee and magazine you're referring to. I only hope it's not Oprah!) even if you live somewhere far away. I had sued a magazine in small claims and was ready to fly to N.Y. to present my case. Luckily, I didn't have to, since they paid up as soon as the summons arrived in their office. I have also sicced a lawyer after a book publisher who wouldn't pay up and that also shook my money loose. It's unfortunate, but some people don't understand any other language.
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