What to do about a publisher not paying?

[eyebeams]

I find the idea that one should cover up for deadbeats not only objectionable from the point of view of self-interest, but irresponsible to others.

Plus, the idea that any debt can be resolved legally is kind of naive. Deadbeat companies rely on stiffing people in small amounts because it then doesn't make economic sense to use the tools at your disposal to seek redress. Winning a fraction of what you paid to collect is not winning. Naturally, if hiring a lawyer or going to small claims court does make sense, one should do so, but in some situations, the debtor might be in another state or country, or the amount might only be a few hundred bucks.

That said, when you do name names -- and *do*, please, if other options fail -- do not exercise any form of speculation or hyperbole. Just describe what happened.

 

[Samurai]

I think that may not have been a wise move. While it might get you some results in regard to the money, it risks damaging your own reputation and ability to gain work in the future. Sure, there are some companies you'd just as soon be better off not working with and you might or might not gain work with them down the road. But there are also good companies who would likely not hire someone who takes such measures, as well.

Despite the fact that your approach might seem like the best because it makes you feel better in the immediate future, there are other considerations. I am not saying that in this situation you are wrong to feel that the company in question is not dealing with you fairly. I am saying that some companies might not feel comfortable risking their reputation on whether or not you might be wrong in the future, should some series of circumstances build up and create a seemingly similar situation. A small company can sustain a great deal of damage from such action and while it might be deserved in this case and others, there are situations where it would not be deserved.

Also, it is also possible that dealing with this properly through legal channels preserves the company's ability to actually pay you while damaging them might actually make it impossible. Further, if making a public display damages a company wrongly, you might find that you have crossed a line and be personally subject to legal action.

All that said, I think the best advice posted in this thread is from -

Thanks for the advice. But in this case, the amount is simply not enough to be worth bring in a collection agent or attorney. We're not talking thousands (or even many hundreds) of dollars here.

I have done work for many other companies in the past, such as Clockwork Golem Workshop, Eilfin Publishing, Body Count Entertainment, and Hero Games/DoJ. I have always met my deadlines and obligations, and I simply expect the same of the company I work for. I think any AD I've worked with in the past would say I'm quite professional and easy to work with. I have also always been very patient in waiting for payments. If a company says "I'm sorry, but we're having some trouble, we need to delay payment for a month or 2", and they keep in contact and inform me of the progress toward payment, I'm fine with that. Gaming companies are often strapped for cash, and I understand that.

In this case, it has been a total of 10 months since the art was received, and 75% of my emails for the past 4 months have been getting no answer, and there was never any contact initiated on the company's part. This is not a step I would ever jump to lightly or quickly, and it's something I wish I didn't have to resort to. I could have really used the money several times over the previous months... to help pay for rent, or for new prescription glasses, or for a new radiator for car, etc. It's not a large sum, but it still would have helped.

But this email, unlike all the others over the past month, got a response within 10 minutes of being sent! He has promised to send payment within a week.

 

[Mark CMG]

Thanks for the advice.

Glad to be of help, if I can.

But this email, unlike all the others over the past month, got a response within 10 minutes of being sent! He has promised to send payment within a week.

I hope he does.

Don't forget, though, that legal action becomes a matter of public record, too. And the threat of legal action by you can be a better first step than to threaten a public outing, and less risky to your own reputation (due to the number of things I pointed out could go wrong in my previous post). It is a fair and responsible approach that holds no real risk to your own good name. Plus, you do more for the industry and other freelancers, too, by following proper channels since subsequent complaints are legally on the record and do not become a matter of who-said-what-when publically, and possibly falsely. If the premise is primarily stopping a deadbeat publisher from wronging freelancers, even with a small amount, it is better for the community/industry at large to follow up on legal action and risk losing the small amount.

Anyway, best of luck and I hope it all works out for you.

 

[Goblinoid Games]

But this email, unlike all the others over the past month, got a response within 10 minutes of being sent! He has promised to send payment within a week.

Good for you, and for what its worth it looks to me like you've handled the situation professionally.