Vishal Dahiya .

Hey PushStarters!
I need some advice on a case of non-payment by a client. #PushAsk

In October 2019, one of my friends got me a video & photography project for a Jeweller in Mumbai for INR 1,00,000/-
The client was the director of a reputed college who had outsourced the project to me.
I was never in touch with the Jeweller directly, so the said 'director' was supposed to handle payments and act as the client.
I never work without advance, email or contract but it was a last minute project and my friend had convinced me that this guy would pay. (My bad!)
I trusted the words, paid my crew and delivered the content. Wasn't paid a penny till now even after repeated requests.

Finally he gave me a cheque of INR 50,000 in December and before I could deposit it, he asked me to not encash it, citing some reasons and that he would pay a single cheque of 1 Lakh.

I probably thought of it as a genuine problem. (My bad, again!)

But he kept on delaying it again and again giving various reasons like he was fired from his job, he has no money, client hasn't paid etc etc.

I kept my calm and professionally followed up. (Entire conversation is on Whatsapp. I wanted it for records)

5 months had passed and my friend moved out of Mumbai. This guy blocked my friend as she's been asking for my payment.

And boom! COVID HIT!

He started using coronavirus and lockdown as an excuse now.

He kept on saying he would pay but he doesn't have money. He can't pay for this, that, etc.

Proper emotional manipulation. I then spoke his emotional language to him. I told him the financial troubles non-payment has been causing me etc etc. But to no avail.

Today in August 2020, it's been 10 months.
I spoke to him again, and he has the same story. He can't pay his bills, how can be pay me. And that he's not my only source of income etc etc.

In short, I don't see the payment coming soon, if it's coming.

What is my legal resort to this, without an email or contract?

I have the following:
1. Entire conversation on Whatsapp.
2. Cheque dated in December 2019 for 50k. (Not valid now)
3. Acknowledgment from the jweller that they paid him for the work.
4. His home address.

Anything else if required, I will try to arrange.

Can someone please help me out with this?
It's a big amount to be stuck for 10 months during the hard times!

Thanks already!

Originally Posted Here

Jaikishan Prithiani

First thing first deposit that check

Vishal Dahiya

it's validity has passed, unfortunately as he had asked to not deposit it and pay the full amount in another cheque.

Jaikishan Prithiani

you have 2 options now

1. Go emotional and get payment - you will need lot of patience

2. Go orthodox and say you will file civil case and wait if he still avoids you actually file it ( as you mentioned he is director of reputed college - he might not take that chance and probably you can get payment )

Harish Ibrahim

Jaikishan Prithiani>2. Go orthodox and say you will file civil case and wait if he still avoids you actually file it ( as you mentioned he is director of reputed college - he might not take that chance and probably you can get payment )

Those are the kind of guys who doesn't worry about the legal procedures

Jaikishan Prithiani

it’s not about kind of guy.... any case will hurt some or other way to you ( even if you think that will not work you should file)

Aditya Kushwaha

If the cheque is still valid, get it cashed asap.

This is new trend in business these days. People take work from some remote professionals and default on payment.

We sometimes understand situation and try to help a new entreprenuer but when they willfully default on payment, it makes hard to trust anyone else.

Push community can perhaps play a role here..

Vishal Dahiya

the cheque validity ended in March, unfortunately.

I have been in filmmaking business since I was 18, there have been only very few instances where this has happened to me.
Very bad experience!

Manoj M

He knows he can get away without paying you and thats what is making him confident enough not to pay you. He doesn’t have money is a lie. I doubt even legal notice or anything will deter him for he may infact start saying “do whatever you want I wont pay” as he knows law is much more expensive than what he is supposed to pay you and you wont pull him to courts (yeah if he gets actually pulled into a court he will then settle for sure but that’s expensive again. You would lose 30-40k just for that).

And you may have more clients in future who may do the same (God forbid!).

You should ideally build a proper process where they dont get anything if they don’t pay and follow it religiously even if your friends ask you for that service you provide. If someone tells you to break that process, that itself is a first red flag!

Friends are Good for a beer or dinner or you can even help them with something. But business has to be according to the paperwork, advance etc. Moving by the promises and trust alone is a disaster.

Ideally the guys who are big are the people try to arm-twist you and they behave that 1 L is nothing. I had told the client if it’s nothing please pay 100% in advance and it will help me deliver the work faster!

So coming back you this case, its more of an expensive mistake. Ideally tell your friend who referred and told they are big and they will pay should now pay up!

Edit: dont really charge your friend or harass. But help your friend understand too! So that even your friend doesnt do this again and lose money!

Neeraj Tiwari

This happens. I must have let go around Rs 10 Lakhs worth of payments from different clients. It is a part of doing business.

Do following

1: Let go this payment mentally, physically, emotionally...prepare yourself that this will not come. However, keep sending him good morning, good evening messages for next 4-5 months more. But let it go, forget about it. Take it as bad debt and write it off. The more you will think about this, the less energy you will be left to earn more.

2: Legal stuff, police complaints etc will not work....wastage of time, wastage of your energy....you can make more money then getting in this stuff. The case hearing date will come in a year time or more.

3: The lady who referred to this client, do not follow with her about payments. She referred you with good intention, now she also does not have an answer about the whole thing.

4:Important, Do not bad mouth about the client on social media or anywhere with his name etc. I have seen lots of people are doing these days, it creates a very bad impression about your brand.

This type of things cannot be avoided, the only thing to do is get advance payments....but I know in some cases we give in and start work without payment, which is fine.

Aditya Krishna

Your conversation on WhatsApp is contract enough. Doesn’t have to be on a legal paper

Raj Shetty

Go for the jugular, post the conversations & his profile on FB,i don't see any other way other than shaming him to pay you.

Mohammed Ali

Try to ask him to pay in installments. I know you should be paid the complete money but see if this is a possibility.

Pankhil Baunthiyal

Non-payment cases are tricky and there’s no thumb rule to follow. The key to success is following the prescribed legal way and being patient.
I have messaged you the ways we can handle this.

Abhijit Pathak

It's part and parcel of every business, you should focus on new clients , and ask any of your junior team members to keep following him

Gaurav Agarwal

Share the jeweler name i might seek if any help i can get for you.. not sure but can find a source to connect you to get it sorted..

Amit Batra

One of my friends in Mumbai had a huge amount of money pending with a startup (unicorn) and they had refused to pay. She started naming and shaming them on Social Media and now she has her payments.

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