by Attorney Stephen Fishman

Getting work is one thing, getting paid is another. Here's some advice about what to do if a client won't, or can't, pay.

You completed your latest project on time, sent an invoice to your demanding client, and are eagerly awaiting payment . . . and waiting . . . and waiting . . . and waiting. Does this scenario sound all too familiar?

The sad fact is that even the most seasoned independent contractors (ICs) often have difficulty getting paid. Some clients feel free to pay late; others never pay at all.

Businesses usually pay their employees like clockwork. They know that if they don't, the employees can complain to their state labor department, which can impose fines and otherwise make life miserable for the business. However, this is not the case when you're self-employed. There is no government agency that will help you get your money. It's entirely up to you to take whatever steps are appropriate and necessary to get your clients to pay up.

What's worse, many clients are aware of these hard facts of life and will purposely pay you late or not at all because they know many self-employed people simply don't have the will or know-how to collect what they're owed. You don't have to accept this type of unethical behavior. There are many legal methods available to get deadbeat clients to pay.

How to Demand Payment

Your first step in collecting an unpaid bill should be to send a statement or a collection letter requesting payment of the invoice. (Quicken Legal Business Pro provides 30-day, 60-day, and 90-day collection letters for this purpose.) Some firms routinely wait 60 or 90 days to pay bills because of cash flow problems of their own. If your clients follow this practice, sending a routine collection letter might prompt them to put the check in the mail.

Get Personal

If letters don't work, it's time to get personal. It's a lot harder to withhold payment from someone you know than from a stranger. For this reason, you shouldn't rely solely on successive collection letters. Instead, telephone the client. If you're dealing with a large company, you may have to first contact someone in the accounts payable or purchasing department. But if they don't prove helpful, don't hesitate to call higher-ups, including the president of the company.