Here's the story:

Shot a wedding in October. The check bounced. Was promised a quick resolution by the bride, who said the MOB would issue a new check. Then they said they would get it to me in December. Then January. Now (presumably) February. The MOB has now ignored my two most recent emails offering her a payment plan. She has said in the past that she fully intends to pay me and that she is embarassed the first check bounced.

How long should I wait before filing a claim in small claims court? Should I mention such a possibility in future emails/letters?

I get paid before the wedding in full. They dont get anything after for a couple weeks so any check will have cleared. I would not wait another day. She is obviously putting you off as long as she can.

This might help - http://www.lawdog.com/states/nh/checks.htm

Time's up, in my opinion. Pay now or pay + court costs later.

This might help - http://www.lawdog.com/states/nh/checks.htmThanks -- that is very instructive!!

Not so fast... have you delivered the video yet? How much of your service has been completed. Did they give you a deposit that cleared?

Yeah, I know we have agreements requiring everything up front but there are judges who don't care about this if the contract hasn't been fullfilled on your end.

Just some thoughts.

I would let them know that they have 10 days to pay up, or you will keep the money paid so far, and terminate the project. It might not be legal if it wasnt in the contract, but it might make them get in gear. You might also inform them that the project will be deleted from your NLE after 10 days.

How much is the balance compared to the cost to take her to small claims court in money, time, and reputation. Just because this is not your fault, does not mean it will be relayed that way to other people if they were to share the story. I don't know about in the US, but for here at least, taking them to small claims isn't going to do much more than having somebody else tell them to pay you, which they already know.

I'm not sure how much your hurting for cash and need to get this settled right away, but I would try talking to the bride about a payment plan and seeing where that goes. We too leave the last payment for when the product is ready and have had 1-2 problems like yours before, but in time, they have always resolved themselves.

Not so fast... have you delivered the video yet? How much of your service has been completed. Did they give you a deposit that cleared?

Yeah, I know we have agreements requiring everything up front but there are judges who don't care about this if the contract hasn't been fullfilled on your end.

Just some thoughts.
I have not completed the project since the check bounced. The contract states that all payments are due on the day of the wedding. I have shot the wedding and am awaiting payment before I edit a single frame. Why would I deliver the video if I haven't been paid?

Why would I deliver the video if I haven't been paid?You tell me? You never said one way or another.

It's actually quite common for some to collect the 2nd half or remaining balance on delivery.

It's actually quite common for some to collect the 2nd half or remaining balance on delivery.
I used to do that. It was awful... I'd wait for ages for the customer to give me all necessary materials (photos, etc) and in the meantime I had very little $$$ to show for it. I collect everything up front now and it saves a lot of headache.

I used to do that. It was awful... I'd wait for ages for the customer to give me all necessary materials (photos, etc) and in the meantime I had very little $$$ to show for it. I collect everything up front now and it saves a lot of headache.

I agree, never do a split payment plan. I have had enough of those.

I have only had a few customers who ask for such payment plans. They usually use the "I am afraid I might get screwed" excuse.

I don't blame people for worrying, but I have more than enough evidence to show that I complete all my projects. Plus, I always give them a signed copy of the contract with my sig.

I would send one more email/phone call saying that further action will be taken if payment is not received in x amount of days.

i dont hit record until all money is recieved, however in your situation, as we dont know the details, its pretty difficult to determine an amicable solution.
If your contract does not state any details pertaining to payment, the client can decide how and when they pay you.
Another assumption is that if there is no payment details, balances can indeed be paid upon delivery of the goods.

Here in Aus, the time of a contract payment bears no weight on the contracted services therein. Being that if a client pays me upfront (as htey do) and they use the argument "we paid you and were still waiting for our video" THAT has no meaning to the agreement of service itself.. its difficult to explain.

If i was in your situation, i would send a polite letter advising the cleint that their edit is due to begin and before work can begin, the balance of the account must be fulfilled. Give them a timeframe of say 2 weeks and even offer them a payment plan.

I can guarantee you that most clients who baulk payments dont do it on purpose however many times, they blow their cash on their honeymoons...
Ive even had clients break up within 3 months, so since about 4 years ago, i stopped the "pay before and pay on delivery" payment method

If your contract does not state any details pertaining to payment, the client can decide how and when they pay you.
My contract specifically states that the balance is due on the wedding day or anytime before.

If i was in your situation, i would send a polite letter advising the cleint that their edit is due to begin and before work can begin, the balance of the account must be fulfilled. Give them a timeframe of say 2 weeks and even offer them a payment plan.

I've been doing that for months now (offering a payment plan and mentioning that I will not start editing until paid). So far, no luck.

well u cleared those up..

ok what your left with is this then...

how much do they owe?

Depending on the value, i would offer them "recomendations" to financial institutions with contact numbers. They might be offended, but stiff cookies, nothing is more offensive than someone baulking payment...

Before the letter though, i would call them one last time and advise them that they will be recieveing a final letter prior to collections action, THEN advise that in that time, their tapes will be put on archive until they do pay. THEN advise that if payment is not recieved within 12 weeks, the tapes will be recycled and the contract will be null and void due to their ""inability to fulfil the conditional requirements of he Agreement"" (that is theyre inability to pay you before you can complete your end of the deal)

Be nice, coz potential for "helping" a client will always bear good weight upon you and the business especially if theyr ehaving a hard time and you were "so nice"about them paying u late...

How long should I wait before filing a claim in small claims court? Should I mention such a possibility in future emails/letters?

You should not threaten to take the party to small claims court unless you are ready to do it. Treat it like a loaded gun. That is, don't point the gun at someone unless you intend to use it.

Most likely she doesn't have the money to pay at this time. She is probably saddled with bills generated by the wedding, especially if there was a big reception.
The mother is probably embarrased because she is not able to deliver what she promised to her daughter. Families often get themselves in water over their head and don't realize it until after the wedding. No amount of threats or court orders will make a person pay if they simply don't have the money.

A court judgement may mean that she has to pay eventually or a lien can be taken against her property. Perhaps she intends to pay anyway once she is able to. One thing is certain. If she is threatened with legal action, she will no longer want the video and there will probably be no voluntary compliance from that point on.

Now you have to make a choice. Hope she is serious about the video and as soon as she has the money she'll come through or force her hand and end all chance of voluntary compliance.

The most important part of this experience is it should be a lessoned learned. Change that contract and collect all of your money BEFORE the start of the wedding and not the day of. If they don't have it before the wedding, don't expect the money tree to blossom after the wedding is over.
Allen W

Very well said and good advice below. Perhaps from now on....make sure you get payment prior to wedding/event date, problem solved for future clients.

the fact is, she probably get a lot of picture already and do not see the need for the video anymore.
So probably she will never pay.... You should ask frankly, if she is still interestedf.

If she doesn't want the video, hopefully you atleast received a deposit and that it was non refundable. I agree with Giroud, she probably already has her pictures, which she probably paid much more for.

Best advice is what has been said, get your money and clear it ahead of time.

Interesting replies to a situation which is a felony in many states.
http://www.ckfraud.org/penalties.html#criminal

Bill, the best advice I can give you based on what you have said and how you structure your contract, I would suggest you receive payment 1 week prior to the wedding date. This way you have time for the check to clear before you even shoot the wedding, let alone edit it. I know this wont help you in your current situation, but it may help you in the future.

I'd agree that all is gone now, forever. I think it was probably a bad move telling them that you wouldn't start work on the editing until you had been paid. I'm playing Devil's Advocate here, but to the bride, this infers you haven't done anything - the work on the day may be considered by them to be insignificant. So, they feel bad about not paying, they know you are really angry about it, then you ask them to pay in full, then you wil start work, so in effect, you are now asking her to trust you. She may feel you will be vindictive and not do the work and keep the money? I'm not sure how the US legal system works, but assuming it is similar to ours, then it could possibly be argued that by not finishing the job, there was a breakdown by both parties- as in, they didn't pay, but you didn't complete? I'd guess that at best, you'd be awarded just the percentage of the cost that had been done - maybe just a few hours of shooting. If you took a deposit, then this probably covers that day - so you are not really out of pocket - and I feel it unlikely a court would feel differently.

It's very likely that she has decided to do without, and is prepared to bluff it out. Of course, the truth could simply be she doesn't have the money - either in one go, or via repayments, and if so - court won't help.

I think this is a write off to experience one!

If I bring this to court, you can bet I will have it edited beforehand. Regardless, she signed a contract stating that she would pay me in full in the wedding day -- BEFORE any editing starts. How she feels about the matter is irrelevent to me, to be honest. I've kept my end of the bargain.

Bill, how far away are these people? Is tehre any chance you can drop by there home of an evening "just passing through"

this way there is no embaressment on their part and theyre not bailking anyhting coz ur right there.

DONT edit, and DO tell them that work CANNOT begin until the acount is settled. Their peace of mind that the work will be done is the contract itself..

in my invoice, i actually state the payment requirements as well as overdue payment fees, which is $35admin fee for payment made after the date and are about 15% per month calculated daily for each day the payment is late.
This is a good alternative for future clients as they dont wan to pay fees, but this IS a contracted service after all. If they dont like it, tough shit. They shoudnt have hired u

As for them not wanting to the work, its nto everyday that people blow cash on having someone film their wedding and NOT wanting it. Unless there is somethign wrong with the relationship, most peopel DO want their videos.
More tahn likely her photoalbum blew their budget out of the water and theyre trying to avoid you while they recoup their losses.

IMO, i would continue to hound them until they pay up. Be nice but in the end, advise them that you are contracted to complete the work once payment is recieved, and tehy wont see anythign until you are paid.
Whether or not the bride feels that nothign has been done, is not the issue. If they do ask, tell them tapes ahve been loggeed and a draft has been planned, but nothign more can be done until you recieve payment (and or music)

I wouldnt stress too much about it, but at least next time you will know what to do i guess..

As for me, ive had clients pay deposits and then offer to pay me on the day, to which i say no, but sometimes, i have no choice especially when family are involved. They want to make sure you show up before they pay you. THing is, i ask for payment BEFORE i hit record. and i hang around and dont shoot until they do.. if they say ""ïll get it later", I say, id rather take care of it now becuase later i will be too busy"
they get the hint, theyre usualy not too pleased about it, but i really dont care im there to do a job, not make a friends...

Sometimes you have to be a little assertive

Was any money collected prior to the wedding?
If so, was she given a receipt for the money collected?
Allen W