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Monthly Buzz #38
June 2005

How to Collect Payments

Getting paid can be a problem for homebased business owners. Some clients may think you're too small or not professional enough to go after them for unpaid bills. You didn't mention whether or not you had a contract with or invoiced this client, so let's assume you didn't have a contract but did invoice the client in a timely manner. How do you make sure you'll be paid for your work?

Determine from the beginning what your payment policies will be by asking yourself these questions:

  1. Will you accept checks, credit card payments or cash only?

  2. Is payment due upon completion of a project, or will you bill monthly for ongoing work?

  3. Will you offer a discount for early payment? How much? Will you require a deposit? How much? Is it refundable, and in what situations?

  4. Will you do a credit check before accepting a client?

Here are some things I suggest you do to help ensure you get paid for the work you do:

  • Clarify your payment policies before starting any work for them. In the case of medical billing, where it's ongoing work, determine the volume of work you'll be doing for each client. If it's extensive, perhaps you should bill every week or every two weeks instead of monthly. Sometimes it's easier for a client to pay smaller amounts than one big bill. It's also easier on your cash flow.

  • For a business that has out-of-pocket expenses, asking a client to make a deposit at least large enough to cover these expenses is a reasonable business practice.

  • Put it in writing! Have a contract with your clients that spells out who's responsible for what, how billing will be done, and the consequences of slow or nonpayment of an invoice.

  • Know your rights. Find out what you'd have to do to collect on a bad debt by calling your local bar association or small claims court.

Let's say you've done all that and a client still refuses to pay you. What do you do? First, document your efforts to collect the invoice. How many times and when have you called? How many letters or past due invoices have you sent and when? What was the response?

If you're able to speak with the client (either in person or by phone), ask the reason for nonpayment. Are they dissatisfied with your work? Are they having cash-flow problems? Could they make a partial payment and arrangements for the balance?

If you get no response from your efforts to contact the client, send a certified letter requesting a return receipt reiterating that the amount is past due and that previous attempts to reach the client have been unsuccessful. Most courts require this type of attempt before you can go forward with legal action.

If the letter isn't signed for and gets returned to you, or is received but no payment or contact is made, your next step is to take legal action either in small claims court (if the amount is less than the limit for small claims court in your area, which you can find by contacting your local district court office) or by contacting a collection agency or lawyer. Having a signed contract and a log of your attempts to collect will help your case.

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