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Client refusing to pay $8,500 invoice - no signed contract, what are my options?

Started by FreelanceDesigner_Amy · Nov 15, 2024 · 17 replies
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FA
FreelanceDesigner_Amy OP

I'm losing sleep over this. Did a full brand identity project for a startup - logo, brand guidelines, website mockups, the works. We agreed on $8,500 over email and phone calls, but I never got them to sign an actual contract (I know, I know...).

Delivered everything 6 weeks ago. They loved it, used my logo on their pitch deck to investors, and now they're ghosting me on payment. Emails go unanswered, phone goes to voicemail.

Do I have any legal recourse without a signed contract? What are my options here?

RK
RKeller_Esq Attorney

Good news: you don't need a signed written contract to have an enforceable agreement. Oral contracts are generally enforceable, and email exchanges can constitute a written contract.

Key questions:

  • Do you have emails where they agreed to the $8,500 price?
  • Do you have emails showing they accepted/approved the deliverables?
  • Can you prove they're using your work (screenshots of their pitch deck, website, etc.)?

If yes to these, you likely have a strong case. The fact they're using your work is particularly helpful - it's hard to argue they didn't agree when they're actively using what you delivered.

VW
VeteranFreelancer_Will

Been through this twice in 15 years of freelancing. Here's the escalation ladder that worked for me:

  1. Polite reminder emails - You've done this, they're ghosting
  2. Phone call to a different person - Try reaching their CEO, CFO, or someone else at the company
  3. Formal demand letter - Sent via certified mail, stating amount owed and deadline (usually 10-14 days)
  4. Threat of collection agency / credit reporting - Mention in demand letter
  5. Small claims court - If under your state's limit (usually $5K-$10K)
  6. Actual lawsuit - If above small claims limit

The demand letter alone resolved both my situations. Something about official letterhead and "legal action" makes people suddenly find their checkbook.

FA
FreelanceDesigner_Amy OP

@RKeller_Esq - Yes! I have an email chain where the founder wrote "Sounds good, $8,500 for the full brand package works for us. Let's get started!" And later emails where they said "Love the logo!" and "Website mockups look great, exactly what we wanted."

@VeteranFreelancer_Will - I like the idea of a demand letter. Do I need a lawyer to write it, or can I do it myself? Any templates?

RK
RKeller_Esq Attorney

That email is gold - "Sounds good, $8,500 for the full brand package works for us" is clear acceptance of your offer. Combined with their approval emails and use of the work, you have a solid case.

On demand letters: You can write one yourself, but one on attorney letterhead carries more weight. Many attorneys will write a demand letter for $200-400 flat fee. Often worth it because the letter pays for itself when they actually pay.

If you want to DIY, check out the demand letter templates on this site. Make sure to include:

  • Specific amount owed
  • Description of services provided
  • Reference to their agreement (quote the email)
  • Clear deadline (10-14 days)
  • Consequences of non-payment (legal action, collection agency, credit reporting)

Send it certified mail with return receipt AND regular mail. Keep copies of everything.

JC
JC_Contractor

Jumping in because I'm a general contractor and we have an extra tool that might apply to some freelancers: mechanic's liens.

If you're a contractor, subcontractor, or supplier who improved real property (construction, renovation, etc.) and didn't get paid, you can file a mechanic's lien against the property. This clouds their title and they can't sell or refinance until it's resolved.

Doesn't apply to design work like Amy's situation, but for any contractors reading this thread - mechanic's liens are incredibly powerful. File them timely though - deadlines are strict (often 60-90 days from completion).

SC
SmallClaimsVet

I've been to small claims court 4 times for non-paying clients (3 wins, 1 settlement). Some tips:

Before you file:

  • Check your state's small claims limit - $8,500 is within most states' limits (CA is $12,500, TX is $20,000, NY is $10,000)
  • Make sure you file in the right jurisdiction (usually where defendant is located or where work was performed)
  • Filing fee is usually $30-100

In court:

  • Bring organized printouts of ALL emails - chronological order
  • Bring proof they're using your work (screenshots with dates)
  • Bring your invoices
  • Dress professionally, be calm and factual

Half the time, the defendant doesn't even show up and you win by default. The other half, they suddenly want to settle in the hallway before the hearing starts.

IP
IP_Designer_Kate

One thing nobody mentioned: copyright angle.

Without a signed contract transferring copyright, you still own the copyright to your designs. They're using your work without a license. You could:

  1. Send a DMCA takedown if they're using it on a website
  2. Threaten copyright infringement claims (which have statutory damages)
  3. Contact their investors if they used your logo in pitch materials without paying/licensing

This is a negotiating lever. "Pay the $8,500 you agreed to, or face additional copyright claims AND I'll inform your investors you're using unlicensed IP in your pitch materials."

I've seen founders suddenly find money real quick when their investors are mentioned.

FA
FreelanceDesigner_Amy OP

Wow, the copyright angle is something I hadn't considered. You're right - I never signed anything transferring rights. They're technically using my work without permission.

I'm going to:

  1. Draft a demand letter using the templates here
  2. Include the copyright angle - pay the agreed amount or face additional claims
  3. Give them 10 days
  4. If no response, file in small claims (I'm in Oregon, limit is $10,000)

Will update you all on how it goes.

RK
RKeller_Esq Attorney

Good plan. A few things to keep in mind on the copyright angle:

  • Copyright infringement is a federal claim - small claims court can't hear it
  • To get statutory damages, you'd need to register the copyright (you can do this now, but damages are limited if registration is after infringement)
  • So use it as leverage in your demand letter, but your actual lawsuit should probably be breach of contract in small claims

Also - document everything going forward. Screenshot their website, any social media showing your logo, any pitch deck pages you can find. If they try to claim they stopped using it, you want dated proof they were.

FA
FreelanceDesigner_Amy OP

UPDATE: It worked! Sent the demand letter via certified mail on Nov 20. On Nov 27 (day 7 of the 10-day deadline), I got a call from their COO. Lots of apologies about "miscommunication" and "cash flow issues" and "we always intended to pay."

They wired $8,500 plus $500 for my "patience and professionalism" the next day. I think the copyright language and mention of their investors spooked them.

Lessons learned:

  • ALWAYS get a signed contract upfront (never again)
  • Take deposits before starting work (50% minimum)
  • Demand letters really work - the formality and legal language gets attention
  • Know your leverage - copyright ownership was key here

Thanks everyone for the advice!

MH
MH_WebDev

Reviving this thread because I'm in an almost identical situation. @FreelanceDesigner_Amy - can I ask what exact language you used in the demand letter regarding copyright? Did you mention specific damages or just the threat of infringement claims?

I have a client who owes me $6,200 for a web app I built. They've been "about to pay" for 3 months now. They're actively using my code in production but keep giving me the runaround. I've got email chains showing the agreed scope and price, but no signed contract.

Considering going the demand letter route but want to make sure I get the wording right the first time.

FA
FreelanceDesigner_Amy OP

@MH_WebDev Happy to help! Here's roughly what I included:

I stated that I retained full copyright ownership of all deliverables since no written agreement transferred those rights. Then I noted that their continued use of my work without payment and without a valid license constituted unauthorized use of copyrighted material. I didn't cite specific statutory damages numbers - I just mentioned that I was "prepared to pursue all available remedies including copyright infringement claims."

The key was also mentioning that I'd documented their use of my work in investor materials. Founders really don't want that kind of mess when they're trying to raise money.

One thing I learned afterward: make sure your demand letter gives them a face-saving way out. Something like "I prefer to resolve this amicably" before getting to the legal threats. The COO who called me specifically mentioned appreciating that I wasn't being "aggressive" about it - just firm.

DC
DebtCollector_Pro

Just want to add some perspective from the collections side. I've worked in B2B collections for 8 years before going independent.

Timing matters a lot. The older the debt, the harder it is to collect. Industry stats show recovery rates drop significantly after 90 days. Amy got paid quickly partly because she acted fast - the project was only 6 weeks overdue when she started this thread.

@MH_WebDev - 3 months of excuses is already pushing it. Don't wait any longer. Send that demand letter this week.

Also, for anyone reading this in the future: consider adding a late fee clause to your contracts (when you have them). 1.5% per month is standard. It gives clients incentive to pay on time AND increases what you can collect if they don't.

MH
MH_WebDev

Quick update: Sent my demand letter on Dec 30 using Amy's approach. Got a response on Jan 6 - they paid $5,000 immediately and are doing the remaining $1,200 in two installments over the next 30 days. Not ideal, but I'll take it.

They claimed they "lost" my original invoices (sure...) and said the holidays caused delays. Whatever, I'm just glad to finally see movement.

Biggest lesson: I set up a proper contract template with milestone payments for all future projects. 40% upfront, 30% at midpoint, 30% on delivery. Never delivering final files without that last payment cleared ever again.

Thanks @FreelanceDesigner_Amy and everyone else in this thread. This was genuinely helpful.

NP
NatalieP_Design

This thread is gold, bookmarking for future reference. I'm a UX designer and have been freelancing for 5 years - dealt with non-paying clients twice and both times the demand letter worked.

One thing I'd add: after getting burned the first time, I started requiring 50% upfront on all projects over $2k. Lost a few potential clients who "don't pay until work is complete" but honestly those are exactly the clients who don't pay AFTER work is complete either. Red flag filter.

@MH_WebDev glad you got most of your money! The installment thing is annoying but at least you're getting paid.

CR
CodeRick_Dev

Not sure I agree with everyone saying demand letters always work. I sent 3 demand letters to a client who owed me $4,200 and they just ignored all of them. Had to actually file in small claims before they took me seriously.

That said - the small claims process was way easier than I expected. In my state (WA) you can file online now. Whole thing took maybe 20 minutes and cost $50. Client paid in full 2 days after getting served because they didnt want to actually show up to court.

So I guess my point is: dont be afraid to actually file if the letters dont work. The filing itself often gets results even if you never see a courtroom.

TG
TanyaG_Writer

Jumping in because I'm dealing with this RIGHT NOW and feeling so frustrated. Content writing client owes me $3,800 for articles I delivered in November. Keeps saying payment is "processing" but its been 3 months.

I've been hesitant to send a demand letter because they're a bigger company and I was worried about burning the bridge for future work. But reading this thread... there is no future work if they dont pay for past work, right?

Going to use the demand letter generator tonight. Wish me luck. Will report back.

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