How can I get paid for freelance work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I get paid for freelance work?
I wrote 2 articles for a publication that I had interned for a few years ago. The magazine is owned/run by a lady, who called me up and asked me to write 2articles 5 months ago. She told me she would pay me $125 per article. Both were written and submitted well before the deadline, and both ran in the publication. I am now back at college and have emailed her, sent invoices, had my parents call her, and have left multiple messages for her – all of which she has ignored. She is apparently notorious for not paying people. What recourse do I have? The amount total isn’t huge ($250) but I do need it.
Asked on November 1, 2010 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Legally, if you performed work pursuant to an agreement to be paid--including as a freelancer, and even if it was a verbal agreement--you have a right to be paid. As a practical matter, it may be very difficult or not worth while to be paid: there is no mechanism for enforcing payment on contracts--which is what this is; you'd be suing for breach of contract--other than by bringing a lawsuit, which has its own costs. If she is local, you might wish to consider suing her in small claims court; for a variety of reasons, if she's not local, it's very difficult to sue on a cost-effective basis, in small claims court or otherwise. Even small claims court will have some costs, such as a small filing fee (usually around $25 - $35), plus, of course, your time in pursuing the matter.
Without rending an opinion on the legality, strength, or merits of your case, which I cannot, I would suggest to anyone that they think carefully about whether $250 is worth the cost and effort of a lawsuit, especially since even if you have a very strong case, court is never certain--i.e. there's always a chance you'll lose.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.