Re: Freelance Issue

Subject: Re: Freelance Issue
From: "G. Abenhaim" <g -dot- abenhaim -at- nhc -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 17 Oct 2003 12:19:35 -0400


"He answers you but never sends any money. This has been going on for 3
months? Sounds pretty definitive to me.

Forget email and from now on, communicate with him only through certified
mail, with return receipt (or the Canadian equivalent thereof). Start
creating a paperwork trail. With some people, the simple fact that you've
started communicating through a means that will stand up in court is enough
of a warning and they'll go ahead and cough up. With the others, you'll need
it.

Does your agreement include a provision that he is allowed more than 3
months to pay? If so, you may be out of luck. If not, the laws (as I am used
to them) will say that payment must take place within a "reasonable time,"
and delaying paymment for more than a fiscal year quarter to pay should be
considered outside a reasonable time in just about any court.

Does your agreement include a codicil that disputes must be solved under
French law? That would add several more layers of complication."

--oh gosh..ok..yes it's been 3 months. Our contract does not have any "time"
mentioned. My mistake . I shouldve specified a 15 day or 30 day payment.
SInce I havent done that, does tha still give him the oppotunity to screw me
with "time"? (pardon me for my words but you know what I mean).

The first invoice I sent him, he didnt like and wanted me to redo since it
didnt "approve" the French laws. so I asked him what they were and made a
new invoice just the way he wanted so i can please him. I already didnt like
his comments since no client before has ever complained about my invoices.
And I have clients who pay me lots and lots more than him whom did not
complain about them. But there's always an exeption. He then submitted my
invoice to accounting and cc'd me on the mail. She then asked for my
coordinates which I replied back with them. Since then, I havent heard or
received anhythign from the company.

And I dont want to sue because it will cost me more than the payment. so
thats ridiculous and not worth it.
G.Abenhaim
ControlPoint Software
NHC Communications Inc.


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