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Protect Your Payment with a Contract

As a business owner, I do have a steady flow of clients that I work with on a regular basis. I’ve acquired several steady positions, such as this one and a few others, in which I write for a company for an extended period of time. I know that I must produce a set number of articles or words for these companies in a given period of time, as per my contract.

I take on other jobs as they arise. Some are one-time deals, where I design a marketing package for a new company or I write an article for a particular publication. Others turn into steady work.

One thing that I have heard time and again from other writers is that they have had a client in the past that has hired them for some work, the writer produced the work and sent it on the client, and then the client disappeared like a snowball in Florida.

It happens repeatedly and not just in the writing field. If you are working as an independent contractor, whether you are doing construction, painting, designing or writing, chances are that you either have been or will be stiffed at some point in your career.

Bad clients exist; this is the reality. Yet the other reality is that you, as an independent contractor, must take steps to protect yourself from being on the receiving end of a job gone bad.

First of all, draw up a contract. Set all terms in this contract, including when the work will be started and finished, how it will be paid, what the client will need in the form of a deposit, how the money must be received (check, credit card, cash) and any stipulations that might exist, such as the fact that the client must pay even if he or she does not go on to use this work (this may happen more in the arts type of fields, where a writer produces an article but the company decides not to use it-the company should still pay even if it decides not to use the work produced by the writer).

Secondly, check references. It’s okay to ask a client for a list of names of people or businesses with whom they have worked, as this will show you that they can be trusted to pay their bills.

Thirdly, create guidelines for payment. You don’t need to tell the client that you have these guidelines in motion. But know them, and follow them. If you expect to be paid three days after a job ends, state that in the contract. If the debt is not paid, then have a second deadline that you follow, such as contacting the client over the phone. And if that doesn’t work, have yet another way that you deal with this client if the first two attempts at payment fail. Know what you are going to do if a client doesn’t pay, so that when this happens you aren’t stuck trying to make up rules on the spot.

Finally, if a client does not pay, don’t be afraid to go after them. By this I don’t mean stalking, either! I mean contact them and tell them that they owe you, and then contact them again and explain that if the debt is not paid you will go the legal route. Sometimes a threat is all that’s necessary; other times, you may have to follow through on that threat, at least partially. I say this because I’ve talked to mothers who have not been paid and they feel guilty (yes, guilty!) about having to contact this client. “What if he doesn’t have the money?” “What if she forgot?” Remember, this is your business. You did the work. You deserve the money. Bottom line.

My number one piece of advice, though, is to get that contract signed. At least then, if something happens and you don’t receive payment, you have a leg to stand on when it comes time to follow through.

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About Kathy Murdock

Kathy Murdock owns Kinetic Solutions, a marketing company located in Orange County, California, that provides graphic and writing services to new and emerging companies. In addition, Kathy writes for Allbusiness.com, the Toledo Business Review, Body-Philosophy.net, and Buy Owner, as well as other freelance venues. She lives in Southern California with her gorgeous husband, two beautiful daughters, and her insatiable appetite for all things travel, artistic, and chocolate.