What's the most professional way to say "I'm not turning over the work product until you pay me"?

What's the most professional way to say "I'm not turning over the work product until you pay me"?

I'm a freelance writer and one of my clients is now a week and a half past due on my last invoice. This is the second time they've been late, and I'm admittedly very aggravated because we talked about how this wouldn't happen again after the first time. My final invoice to this client was sent on Monday and I'm expecting that it won't be paid on time this Friday, either. I'm technically now outside of my contract period with this client, and they are asking me for the work I did on the project while under contract. I want to withhold this work from them until they are at least caught up on the invoice that they owe from a week and a half ago. Is that something I can/should do, and if so how should I communicate this to them?

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42 Comments

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  1. Anonymous

    What I've done in the past is release some of the work and ask them to hang on for the balance if the work and enquire about the status of payment. I'm not sure if this will work for your situation but thought I would offer it as a possible option.

  2. Huong Nguyen-Valle

    I have never worked as a freelancer, but I want to be paid before offering up the rest of the work.

  3. Anonymous

    What remedies for non-payment or non-deliveries of work product are in your contract?

  4. Anonymous

    Oh, I saw this yesterday. Something like "as of now, I've directed everyone working on the project/product to stop working on it until directed otherwise. After full payment is received, our work can continue." Additionally, as Alan Weiss states in his consulting books, ALWAYS take a 50% deposit to start work, 50% of remaining balance, halfway to the due date, and the remaining 50% of the balance upon completion and release of the work product. Good Luck to you.

  5. Angie Callen

    Even though you're frustrated, you can't show it. I think a short, friendly email along the following lines will work:

    Hi Name,

    I wanted to let you know your most recent request/project is ready for your review, but I'd like to get caught up on billing before delivery.

    Here's a link to pay your balance. Once we get that squared away, I'll send over the most recent project, so we can keep chipping away.

    Thanks for keeping the work coming!
    Me

    Kill them with kindness. If you want to reference the T&C from the original agreement you can; it still applies even though you're beyond the original agreement. That said, I'm not a fan of "as discussed" or "in my previous email" or "per the terms of our contract" because it's a giant poke that makes the communication go sour. Direct + nice is possible :)

    Good luck!

  6. Anonymous

    This is a great reply that gives them the benefit of the doubt. Though the OP is frustrated, this is the reply that is most likely to result in a longer term relationship.

    I recommend increasing the level of formality with each late payment. Beginning with cordial messages is always preferred.

  7. Bradford McCormick

    I am reminded of a man you may have heard of: Nicola Tesla. Thomas Edison promised him $5,000 if he could do something or other. He did it. Edison did not pay up. Tesla left. It's the way of this world, isn't it? (I'm not a lawyer)

  8. Anonymous

    is there a clause in your contract stating that your "product" is withheld (or not submitted to client) until payment received? (or something to that effect?). Yes, you can and should do this. I also like Angie's suggested note (below)- Keep it upbeat and positive, with forward momentum. Keep us posted on this! I've got an adult child who is a self employed designed and she's run into this a time or two- the busier and better clients she gets, the less this happens. Again....give us an update!

  9. Kathryn

    One way is when they inquire about the work you can say oh I was expecting final payment. Say it lightly and hen say when I get my payment I'll be glad t get you your work product. Say it like of course you know it works that way

  10. Claudia Nelson

    “I’m sorry, but payment in advance is required before we pass on the Items for which we were hired.”

  11. C Allen

    Remove "I'm sorry, but" :)

  12. Lori Laurito Betz

    Totally agree with the other comment…don’t apologize for asking for the compensation that’s due anyway! If starting with “payment in advance” etc feels too blunt they could always start of with “to reiterate” or “as previously agreed upon”

  13. Rhonda

    I am not a freelance worker. I am in business-to-business sales/service. It is normal practice for us to refuse service or hold up service due to late payments. Don't feel bad about asking for money. They hired you to do a job. You did it. They owe you. I agree with the comments on keeping it "upbeat", but asking for payment is standard business protocol.

  14. Nicole Fortune

    I agree to stand your ground and know your worth. They know their financial situation and may have chose you for a reason thinking it wouldnt matter.

  15. Anonymous

    Well said!!

  16. Mary Kerdasha

    You mention a contract, does the contract address late payments? If not future contracts should. Also you are probably trying to balance payment and keeping a client that would provide future work for you. My advice is before turning over final products evaluate the relationship and determine if you even want to continue this work relationship, especially if it ends up you being a collections agency too. Then in writing just say final work will be given when the account is current. Here is the link to pay…best of luck!

  17. Eloisa Jacinto

    You can remind them that there is payment overdue and that you will promptly deliver the work once a payment notice is received. Next step for you is to check and make sure that your contract has a stipulations on when payment is due. Usually payments come in completion of phases and milestones so good for you and client to finalize an agreement on that before you sign a contract. Also check what is the company’s policy on payment of vendors. Some companies require a 15-day period from invoicing before the actual pay is released. Good luck with collection.

  18. Shelby C

    "I will release the work product upon payment. If you would like to get that taken care of today, I would be more than happy to get the work to you as soon as the payment comes through."

    Don't fall for any of that checks in the mail or payment pending BS.

    You don't need to apologize to them for a situation that they created. They know what the T&C's are and you have already discussed your expectations. If you don't have any future plans of working with them and they can't hurt your reputation, you can be quite firm. This comes from a Freelancer that has been burned for THOUSANDS that used to be an Accounts Receivables Manager. I had zero issues calling and asking where my employer's money was, but I always felt awkward about protecting myself.

    Why do we feel less valuable than our employers? You're obviously worth this money or they wouldn't have hired you!

  19. Karen Gongaware

    Do what Shelby says. Awesome wording!

  20. Roberta Rosenberg

    Shelby offered great advice. I might add - you'll be happy to take their credit card information by phone. You also accept Venmo and Zelle. (As long as the amount is below the max transfers allowed.)

  21. Anonymous

    Just because you are a freelance writer, your product and services are not "free".

  22. Anne Genduso

    “The work product will be delivered upon receipt of payment.”

  23. Diane McDevitt

    Advise them of those facts, you are outside the term and payment is due to receive any final work product. Be your own professional A/R - no final deliverables will be provided until final payment is received.

  24. ReachingGoals

    Just that. You are not obligated to provide free product. They will say that they will pay “soon”. I’ve been in this position. Someone actually came into my office to pick something up and I told her that I could not release the document to her until she paid me. She gave me a song and dance about how she would have the money in a few weeks, but really needed the document. I told her the policy was that documents were not released without payment in full at the time. We went round and round about this. I finally told her than when I could walk into the market, buy $200 worth of food and they let me leave the store with it after I told them I didn’t have the money today, but would in a few weeks and then I could pay, that I would change my policy.

    Business is business. We all have overhead, sometimes salaries and taxes. You are running a business. You are not obligated to offer free work product. Since this client has a track record (even if just one time) of not paying on time you shouldn’t be afraid to tell them that they need to pay before you will release the work. This isn’t a personal attack on anyone. Business.

    If your client doesn’t understand that, then it may be better to let them go.

  25. Kristy Busija

    Go back to the wording of your contract. Does it state that payment needs to be submitted within X days of invoice? Does it state that work will only be submitted upon payment? If so, you can use that to communicate expectations. Typically, though the work is submitted first for the client to approve the results/quality of the work and then they agree to pay the invoice (or you discuss corrections).

    One thing to think about is the client relationship. Do you want to work with them again? Or are you ok with parting ways? Maybe a conversation with them would help to let them know the bind you are in. Things on their end could be held up and you can find a way to work it through.

  26. Jean Neuhart

    Contracts are a two-way street. I provide something for you (product, service, etc.), and you provide something for me (usually a monetary payment). Contractually one won’t happen without the other. So, go back to the terms stated in your contract. Does it specify when payments are due? If so, (and I’m guessing it does), simply let them know that per the terms of the contract, work will be held until payment is up to date.

  27. Focused721350

    Good morning,
    Straight up! You pay what you owe me. Then! I will release the other work after PAID IN FULL!
    Thank you! ;) Business is Business! How would they feel if the shoe was on the other foot. ;)
    If you choose to do work again! I would ask for a deposit or charge them a late fee.

    Good luck and God Bless! ;)

  28. Jackie Ruka

    This is very frustrating in the freelance world.
    It's important to receive PIA- payment in advance of at least 25% of the project with
    Net 30- payment in 30 days and a 2% late charge there after for late payment etc.
    Resend the invoice with the late charge and deliverables will be sent with paid receipt.
    Keep it simple, Business is business.
    You do not work for free... stay optimistic! : )

  29. Anonymous

    do you have a lawyer for your business? It might be worth it to look into having one.

  30. Suzanne Copeland

    Good advice has already been offered here. Just a perspective from the corporate side, invoice payment is at the mercy of accounting departments and many times your direct client has little leverage. That said, you still need to get paid. Most companies will not pay via online systems, credit card, or the like. Also, if the company is large, they likely have their own stated payment times regardless of your contract. I always say that contracts are only useful for defining mutual understanding and then only enforceable in court. They have to owe you a ton of money for court to be a viable option.

    So, ways to avoid this: One poster already offered the 50% up front idea and that is good advice. Another option is invoice in advance for the whole project. Not sure if you are doing billing by the hour. I am not a fan of this from either the freelance side or the corporate side. As a buyer, I don't care how much time it takes you to do something. I care about getting the end product at a price I think is appropriate. If you bill me hours, I'm evaluating whether you are slow, fast, or appropriate. If I think you are slow, I feel I'm paying too much even if the total price is reasonable for the work. If you are fast, you are leaving money on the table.

    For clients that I do a regular scope of work for, I have had great success with monthly retainers billed in advance, not in arrears, and I highly recommend this approach.

  31. Brigette Wilds

    What are the terms of your contract? I’d follow those and update for future gigs if needed.

  32. Anonymous

    Yes, this is business. You have the right to demand payment first for anything going forward because they have shown that they are not consistent in payments. I would point that out as well. If you are afraid of losing them as clients, then think of it this way ... do you really want to be doing work for someone that doesn't respect your business enough to may payments on time? It's just good business at this point.

    You have worked with the client long enough to know how to communicate effectively with them. If they cannot be timely with their payments, how can you be timely with your creations for them?

  33. Anonymous

    Oh, and one more thing ... when you have to spend time to chase your money, that takes time away from productive time. Let them know you will be raising your prices if this continues as well as need 50% up front cost. Good Luck!

  34. Anonymous

    Brilliant!!

  35. Sophia Kelly

    When new requests come in (such as a request for you to package and sending your completed work product, even though the other work is complete, your additional labour to send it to them is current work.) you can say, "I will be happy to provide this work to you once your account is up to date". You can just repeat that, ad nauseum to any request they make. If you get into explanations , that gives them opportunities to talk you into what you don't want to do. If you wish to offer an explanation (the above is enough in my opinion) you can also say - "It is my policy to stop work when accounts are in arrears until they are brought up to date." or if you have an incorporated company to hide become you can say "I'm sorry, it's company policy to stop work when accounts are in arrears until they are brought up to date. I'm happy to work on sending you your products once your account is up to date."

  36. Nikki

    Yes you can do this. Yes you should. You can send a polite email stating that there must be some mistake, as you had discussed the topic of late payment previously, on Date, and you were assured that late payment would not happen again.
    You have not yet received payment for the invoice submitted on Date. You will submit a new invoice for both the previous work and the present work; once that payment is received, you will be happy to send the work. Sincerely, You.

  37. Melanie Hutchinson

    I have worked with collections teams, for many years. I have also done customer service and found collections to have nowhere near the level of red level problems that customer service did. First thing to remember when communicating is this is not personal and is only business. So part of your job is to be sure you get paid. Hope that makes sense and removes some anxiety for you. You cannot manage their feelings, only your own on this. Secondly, try picking up a phone. A lot of invoices are sent to personal email and get forgotten and not passed on to those that can action a payment, Ask to speak to AP department , and ask them to check the invoice on your account. Ask if there are any disputed charges or if they agree. Has it been approved? If not why not and who do we ask? Then if all is well, point out the due date and ask when payment will be sent. Then pause and just wait. Let them fill the silence. This pause is he magic trick as people get a little bit uncomfortable. They always find a way to fill that silence. What is the reason for not yet paying? Is a check cut and not mailed yet? To speed it up could you ask them to pay by ACH instead of check. Are you sending your invoices to the correct address/ email or person. What is their preferred method of communication? I would keep notes on all these in my customer files. Keep it polite and professional , upbeat and friendly. Any one helpful, be sure and thank the, profusely. If they are particularly helpful be sure and let their boss know and they will be much more likely to put your invoice on the top of the pile.

    Best of luck and let me know how it goes!

  38. Janet Parkhurst

    Hi,
    Many great answers and advice, here. I used to freelance and experienced the same sloppy (in my book) treatment when it came to getting paid.

    Whenever you opt to do work for someone without an upfront payment, you are, in a sense, actually extending them credit, much like we use credit cards for purchases. And if a payment is late, we get charged a huge late fee. And that's in addition to the interest charge we have to pay.

    I would stop all work and charge them interest.

    Another tip, if you're not demanding a 50% upfront deposit, then start doing so immediately. I have found the way someone reacts to that requirement is a predictor of how they'll behave when it comes to paying subsequent bills.

  39. Ramona d'Viola

    First, start asking for a deposit, up to 50% if need be. Also, add a late fee of 15 - 50% of the total bill. Be very clear in your terms: Payment due upon completion of project, net 15 day. Late payments will be assessed a however much you want to charge. Then charge them. If they refuse to pay, send them to collections. You might not get paid, but you'll damn sure put a hiccup in the day.

  40. Liz Milne

    Definitely do not hand over the work until you get paid if that's what was agreed.

    Be firm and polite - never whiny or angry as that can be used as an excuse to delay payment even further. What I do with my one tardy customer is I send my invoice, wait one week and send a reminder,
    "Hi, just checking that you got my invoice, attached to this email in case it went astray."

    (Now I do send work first, usually with the invoice, but I won't revise it until it's been paid for, so at this point I will resend the work too. I also send a separate email, with no attachments asking, just checking you got the email with attachments, just in case it's a spam filter problem)

    I then give them three more days to pay or give me a date by which I should be paid, sometimes they'll say something like, 'oh the accountant is out of the office until [whenever]' in which case I make a note in my diary and email yet again on that day.

    I rarely have to send a third email, but if I do, that goes out 2 weeks after delivery, and it is a cold reminder,
    "Payment for [project] is overdue, I operate on a cash on delivery basis, please pay immediately. As this is now beginning to impact on my ability to pay my bills, further delays will incur a 5% interest charge."
    I've never had to actually charge the interest, they tend to pay up quickly after that!

    But I am lucky, my 'worst' customer just pays late, I've *touch wood* never been left unpaid.

  41. Ramona d'Viola

    Everything except, 15% LATE FEES!
    Money talks, as they say.
    Gets their attention every time.

  42. Anonymous

    Update for all those who asked: I told my contact with the client company (who is a major decision-maker) that with payment on my invoice being over a week late, I'm going to hold onto the finished work product until I am paid. He insisted that he had no idea and assumed everything was fine since I didn't say anything to him like I did the first time. I told him, "I believe that nobody is intentionally breaching the contract, but we did already talk about this a few weeks ago and I'm sure everybody else got paid on time so I don't know why this has happened to me twice now. I certainly hope it doesn't happen a third time for the payment I'm supposed to be getting in 2 days." He said he would get right on it, and then asked if one of the things I had completed was this specific document that "seems to be important" to the dept head waiting on it. I said, "Yes it is."

    The invoice was paid the next day. The third & final invoice, due on Friday 12/3, was paid yesterday. I told my contact that they will receive the rest of my completed work by the end of the week. I don't think I will work for them every again without upfront payment in full.

    THANK YOU ALL for the wealth of advice you gave me here. I learned so much more than I realized I hadn't even thought about. I really appreciate the insight you all took the time to share!!!

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