Doing work or delivering product for which you do not get paid is just working for free. Many new business owners make the mistake of doing work or delivering product without a clear understanding of how they are going to get paid. Experienced entrepreneurs will tell you this is an expensive way to learn. You are really better off having no work than doing work for which you will not get paid.
There are several things a business owner can do to help insure payment for the work they do. First, have clear terms of engagement. This may be done with an invoice, an engagement letter, or a term sheet. Frequently new business owners are uncomfortable discussing price and terms, especially in a service business. However, in my experience, you are much more likely to collect your fees if the customer knows up front what the work costs. This is one reason I try to put a flat fee on most of the work in my office. Second, the work should be documented in writing. This does not necessarily mean a formal contract with signatures of both parties. A confirmation letter or term sheet may be more appropriate for your business. However if you can get a signed contract, then you can control the terms and put in language that is advantageous to your ultimate collections. These may include things such as a choice of where suit can be filed, whether interest will be charged on overdue balances, warranty terms and payment terms.
If the customer will not pay then you have to decide whether to pursue collections. Collections can be a long and costly process. One alternative is to turn the collection over to an agency who works on a contingency or who may purchase your outstanding accounts. If you choose to turn over collections to an attorney be sure to negotiate the terms in advance (i.e. contingency basis or hourly or some other fee arrangement).
In most cases you cannot force someone to pay without filing suit and receiving a court judgment. This can take months to complete and a judgment does not mean you automatically get paid. Collection on a judgment requires further action. These actions can include garnishment, seizure of assets by the sheriff, and liens on property. All of these processes are time-consuming.
So am I saying to ignore outstanding accounts? No, significant bad debt needs to be collected. But if you have trouble collecting accounts, make corrections at the beginning of the client relationship to avoid these problems.
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