Client won't pay...now what?

Hey Everyone,
I have a question regarding a recent freelance job I did for a client. I did a day of video shooting for an out-of-town client via a referral from someone in my area.

At the end of the shoot we went our separate ways. The client has now gone silent. I still have the footage and need him to send me a drive and then ship it back.

I had requested a signed contract, but due to time restrictions on his end, he said he couldn't read the entire thing, and sent a brief email instead, outlining all the details (rate, date, hours, etc). He even stated in the email, "This email is binding."

So, he last told me via a short email one week ago that his ex-wife is in the hospital, so I've backed off for now, but that was one week ago.

What should I do now? It seems to me he doesn't want the footage, and clearly doesn't want to pay me (At this point I have no intention of giving him the footage until he pays me).

I have time on my hands and don't mind being a squeaky wheel or doing a little legwork to make this right.

Thoughts?
Thanks in advance,
Andrew

I do similar work (audio production), and yeah, you've got the right idea of witholding the footage. In my experience, the best first move is being a squeaky wheel while documenting all the squeaks.
If you've got the energy for legal avenues, that'd be the next step.
I've yet to have to go that far, usually just squeaking is enough.
I mean, that and a good knee-capping.

I have the energy for legal avenues, but am not willing to pay for it.
I just checked his FB page and he's posting all sorts of stuff on it; videos, funny pics, etc. Nothing about a sick ex-wife.

Send him a certified bill of service, document that... send him another. Call a few times...  leave him messages that his footage is awaiting pick up.  Then it’s collections and legal BS. Hope it doesn’t go that far.

Make sure that you have explicitly told him he is past due.  Document everything. 

Don't talk to them over the phone, only over email. I would also talk to the referral and let them know the situation and see if they can contact them.

I collect quite often with my work (unfortunately  )  and what works well is sending emails like "This is the 4th email I've sent regarding payment for xxxxxxxx" then moving to the 5th email, etc.

Usually around the 5th email or so people start getting the hint that you aren't going away.   But there are more avenues you can do...when someone ignores me I find their business location and contact their landlord and have their landlord connect us.  That usually does the trick, but I hold out on that one for a while.

Small claims court does cost money, a few hundred to apply, but you don't need a lawyer.

Good luck

Gotta play it like a Hit man... Half up front, half when you produce the body (of work) Good luck collecting. Consider uploading the juicy stuff to facebook

This happens all the time in the porn industry...

Small business people have to get deposits because every possible avenue of pursuit for collection is stacked against you.
Send 3 emails with his 'binding' email attached
Go to small claims court in his county of residence
If he doesn't show and you win by default - you're still screwed because the judgement may cost as much as the claim to collect but...
If you know where he lives and he owns his home - lien it.  (It's cheap and easy to do at the county recorder where he resides)

1) Just a suggestion - slim your contract down to some basics - probably doesn't need to more than a page with double and triple spacing
2) Make sure you add payment terms
3) Offer a discount for immediate payment on delivery of the goods or services (gross up your real price by 2% or 3% to make some room for the discount)
4) Add annual compounded interest at 12% or 18% to all past due balances.

As far as comments regarding the porn industry - it is my understanding they're all happy endings....  I mean thats what I've heard.

A great resource for legal mumbo jumbo  is Nolo Press, nolo.com.  They have a book on small claims which has come in handy in the past.  Good luck.

Baseball bat. Watch Inglorious Bastards for inspiration.

Make sure that you have explicitly told him he is past due.  Document everything. 

Don't talk to them over the phone, only over email. I would also talk to the referral and let them know the situation and see if they can contact them.

Small claims court does cost money, a few hundred to apply, but you don't need a lawyer.

This is good advice. I work at the largest law firm in the county. #1 rule is document everything. You can't document phone calls (as far as content goes).

Baseball bat. Watch Inglorious Bastards for inspiration.

I was thinking more like "Fargo" and the Chipper Shredder...

Baseball bat. Watch Inglorious Bastards for inspiration.

I was thinking more like "Fargo" and the Chipper Shredder...

That’s a little harsh unless you put a horses head in there bed first!

Baseball bat. Watch Inglorious Bastards for inspiration.

I was thinking more like "Fargo" and the Chipper Shredder...

That’s a little harsh unless you put a horses head in there bed first!

You only have to do it to one, its not like you go after everyone, the words get around fast! 

+1 on the Nolo Press suggestions. Real good source for DIY legal stuff.