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When the
Customer Won't Pay
by Janet Attard
Chances
are most of your customers pay you within a reasonable amount of time. But
sooner or later you will have to deal with a customer who pays very slowly
or not at all. What can you do? And just importantly, what can't you do to
collect the money owed you? Here is what you need to know.
First things
first
Fend off collections problems from the start by running credit checks on
new clients and by discussing your prices, service fees and payment
requirements with new customers before you do their work.
If you work on a
retainer basis or provide services under a contract, make it clear what
services you will charge for, what deliverables the customer will get for
the fee, and what work will incur additional charges. Be sure to let the
customer know how often you will bill and how long they will have to pay
each bill. Put it all in
writing and be sure to include a section about your rights and
responsibilities regarding ownership of products, intellectual property or
records of work you perform if bills are not paid.
(Have your attorney draw up
a boilerplate agreement that will work for most customers or clients.)
Keep an eye on
receivables
Send out your invoices promptly at regularly scheduled intervals. Be sure
the client can tell that your mailing is not just another routine
reminder. You may want to stamp the envelope "Invoice Enclosed"
so it doesn't accidentally get thrown out.
Send
out reminder notices promptly to any client who doesn't pay within a
predetermined time frame - usually ten to 30 days.
If
a client still doesn't pay after reminders are sent, have someone from
your accounts receivable department call the late-payer and try to
determine the cause. If you don't have an "accounts receivable
department" have a spouse, secretary or bookkeeper play the role. If
the customer is one you want to keep and is worth keeping, using such an
intermediary will make it easier to maintain a good working relationship
with the customer after the bills get paid.
If
the company or individual is having a financial problem, offer them a
chance to pay you in installments.
If those initial
attempts at collecting do no good, consider more aggressive means to
collect what you are owed:
- File
suit in small claims court. You don't need to hire an attorney to sue
in small claims court, so if the client is nearby (you have to go
court where the client is located), this can be a low-cost way of
pursuing your claims.
- Contact
a collection agency in your state and let the collection agency tackle
collection. Find out in advance what the collection agency will charge
for its services and call the Better Business Bureau to make sure
there are no unresolved complaints against the collection agency you
plan to deal with.
- Have
the collection agency report the debtor to credit reporting agencies.
- Retain
the services of an attorney if the amount is significant enough to
warrant the attorney's fees and attention.
What NOT to do
Don't tell your friends at the weekly Rotary meeting
that the customer is a deadbeat, and don't plaster online bulletin boards
or mailing lists with notes telling the world that your customer is a bad
credit risk. If you do things
like that, you can get yourself sued. You
can also get yourself into legal hot water by making threats, using
harassing or abusive language, making collection calls at odd hours or too
often, or by making false statements about what will happen if the debtor
doesn't pay.
Copyright 2002, Attard Communications, Inc. All rights reserved
About the author
Janet Attard is the founder of
the award-winning Business
Know-How small business web site and information resource. Janet is
also the author of The
Home Office And Small Business Answer Book and of Business
Know-How: An Operational Guide For Home-Based and Micro-Sized Businesses with
Limited Budgets.
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