The Golden Pencil: The Freelance Writer’s Resource

Q&A: Can I charge a late fee for a late payment?

by Anne Wayman on July 29th, 2007

Last June I wrote 40 articles with the understanding that I’d receive $1,000 by July 14th. By the 28th the money still hadn’t been deposited in my PayPal account as agreed. The articles are up on a website, but the site isn’t owned by the fellow who promised to pay me. I at least want to contact them and let them know that the person who they contracted with hasn’t paid me.

I need that $1000 to pay my rent! Can I charge a late fee even though it wasn’t included in my contract? Can I collect from the website? I don’t know what to do. Help!

KP

Hi KP

I’m so sorry you’re having this problem. Yes, by all means add a late fee even though it wasn’t in your original contract; it won’t hurt.

Give the people who owe you a short and firm deadline. Use the web to see if they are an individual or part of a larger organization. It’s possible the guy you’re working with is subcontracting and if you can find out who his contract is with, you can go there directly too.

Yes, by all means go to the party that owns the site where the articles are posted. Do a screen capture of all of them so you’ve got evidence if you have to go to court.

The chances are you will eventually get paid, but it won’t be quick. Go to your landlord ASAP and let them know you’re likely to be late; work out some sort of arrangement. You want to cover all your bases and usually landlords are fairly understanding if they aren’t surprised on the first or second of the month.

Now, in the future, get an upfront payment from new clients before you begin writing. In this case I would have asked for $500 and insisted on no less than $250. I would also have insisted on three or four payments as I delivered articles. That way, if they stopped paying I’d stop writing and wouldn’t be out so much money.

One of the great things about the ‘net is we can work around the world. One of the awful things about the ‘net is it’s harder to collect if there’s a problem. An advance and a payment schedule doesn’t solve all the problems, but it mitigates many.

Good luck.

Write well and often,

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