To all of you out there that it may concern:

I'm absolutely beside myself about this, and I have no desire to see this happen to anyone else... especially the part about being told I have no talent (after,of course, my article was received and accepted)

I wrote an article for Next Step Magazine (they posted on writersweekly.com about a month ago), and I expected to recieve payment. As per their freelance work agreement, I assumed they would send the money along in 30 days. Day 30 (Friday, April 9th) came and went, and no money.

I thought I'd write the editor (a very nice woman named Laura Hammond) and inquire as to the location of my payment. I was sent a letter back, which essentially said "Our bookkeeper is having personal problems right now, but we'll get the money to you ASAP". I figured that was fair, and went back to watching my mailbox.

Well, Day 33 (Monday the 12th) came... and Tuesday, and Wednesday. Still no money. So I sent along the following e-mail on Thursday.



E-mail #1- From me to the editor on Day 36
"Dear Laura,

By now you must be aware that I have a personal affection toward you and the magazine. I am,therefore, in something of a crux about how to proceed, as I am somewhat furious at your accountant.

I am aware that you are not responsible for the problem I am presently in, but since you are my only connection to the magazine accountant, I am trusting you to resolve this matter.

I had expected a check for services renderded on Friday (April 9), as I had submitted my work-invoice exactly thirty days earlier. You were, as ever, pleasent and sympathetic, and I assumed that the situation would be handled, either by you or your accountant. I have watching my mailbox for a week now, and I have seen no signs of advancement.

I recognize that your accountant has personal problems to resolve, but now *I* have personal problems (created by her inability to do her job!).
Because of her failure to compensate me in a timely fashion (read: Postal Service; I wasn't even asking for Same-Day Air), I was unable to pay my car insurance yesterday. I now have until tomorrow to pay my car insurance, or the state of NC will suspend my driver's license and/or jail me.

Now *my* personal problems supercede hers... and so does my sympathy and patience!

I assume and hope that this very afternoon I will be sent a check for $100 (less the cashier's check fee... I previously requested certified funds, which is now imperative), and that this check will be sent Federal Express Same-Day Service at no charge to me.

Laura, I apologize if I have ruined your good opinion of me, or if I have angered or inconvienced you, or come off like an overbearing prick... I am somewhat angry and decidedly confused about how to proceed; having been nice about this is going to end up costing me sixty days and that presumes I don't get jail time! (NC suspends your DL for 60 days if your insurance lapses for even for one day. I've managed to squeeze 48 hours out of my agent by having him fudge some paperwork, but that runs out tomorrow at 5pm, and he wants his money).

I feel like a total bastard, but I have 'personal problems' of my own to attend to, and that limits how much 'understanding' I can have, under the circumstances. If I do not recieve a check tomorrow, it is highly likely I will have to retain legal council to defend myself in traffic-court.

I've already told my attorney once that I will *not* inititate a breach of contract suit, but he tells me it may be the only way to avoid losing my license. Essentially, he maintains that if I sue you, I can claim that I intended to pay my insurance (which I did), and I am presently attempting to pay up by suing for the necessary money. This clears me legally, but it screws you, and I am delaying this action as long as I can.

Laura, I really don't know what to do. My lawyer and insurance agent both want money (or blood), I'm jammed up by the state of NC, and I really like you (thusly I have no intention of beginning a lawsuit). This is slipping out my control rapidly, and I need your help. *Please* send me the money ASAP.


Thank you very much for your time and attention... I'm really sorry if I've thrown a bucket of water on your day. Please don't be too enraged at me.
Cheers.

-James McLuckie"

I think the tone of my letter shows that, although pissed off, I am still reasonable--maybe even friendly.
In truth, I have no such problem with my car insurance. I supposed that it would suffice to get across my point,though... said point being "I'd like my money, and quickly, thank you".

I received letters back. I present them to you in order of reception. The first one is from the editor, who I have previously commented is truly a nice person.

E-mail #2- Editor to McLuckie on Day 36
(same day, notice... they respond to e-mail rapidly)

"James,

Your payment went out on April 12, one business day after April 9. Our accountant did not work on Good Friday.

It's really too bad that you're contemplating jail time based on your inability to budget for a re-occurring cost, such as car insurance. If you're waiting so anxiously for a mere $100, I honestly suggest that you pursue a more reliable career than freelancing.

If you have any other questions, you may refer them to Next Step publisher Dave Mammano. His e-mail address is david@nextstepmagazine.com.

Laura"


Not exactly the kind and soothing tone one would expect for a wronged writer, but I can accept that I screwed up her day... and $100 isn't a *great* deal of money, I admit.

But take a look at what the publisher (David Mammano) sent me... His comments are indented. I would have highlighted the offensive comments, but you can read for yourself the combative tone. My responses are non-indented.

E-mail #3- Publisher to McLuckie on Day 37 (and McLuckie response)

" >This is David Mammano, the founder and publisher of The Next Step Magazine.
>I resent the tone of your e-mail.

Neither my problem nor my concern. Although it was kind of you to take out of your day to tell me.

>If you are running to the mailbox
>for a $100 check, this is a result of abysmal life planning on your part and
>not by an inability of my bookkeeper to do her job
> (as you stated).

I would submit that the inability of your bookkeeper and, by extension, your organization, to fulfill your payment obligations does not constitute poor planning on my part...but poor execution on your part. I am wholly sorry if my expection of timely payment inconvienced you.

>Poor planning (or no planning as it seems in your case) is no reason to lash
>out at others and blame them for your incompetence. It appears that you
>have a real lack of talent to make and/or save money and you should look in
>the mirror instead of sending threatening e-mails to editors of magazines
>that are just trying to help you get started in the field.

See above. And if you read my letter, I repeatedly and expressly brought forth my desire for this to *not* become a courtroom action. I was informed by my attorney that legal manuvering would save me, and I was not (and miraculously, still do not) intend to sue.

As to 'getting started in the field'... I have no high expectations of a writing career. (Insert snide comment here). As a part-time writer, I simply expect to be paid on time.


>You should be ashamed for sending such an e-mail to Laura. If you have to
>contact a lawyer, go to court or jail because of a short lapse of a $100
>payment, you have some major financial management problems and I suggest you
>get some help in the area of money management right away.

Suggestion noted... although my stockbroker suggested that perhaps the people who failed to pay me could use some help in the area of money management.

>By the way, the check I sent you was not in certified funds. I am not
>required to do that and have no interest in doing so.

Touche. Such is life.

>Instead of responding to this e-mail, I suggest that you stop being "the
>victim" for a day and think about ways to improve your situation that don't
>involve blaming others for it.

Would that it were possible for me not to continue to be 'the victim'... of breach of contract. Isn't blame appropriate when one person has lived up to his obligations (such as a writer completing a piece), and one party has not (timely payment, per se)?

>In fact, I would prefer to never hear your
>name again and am sure Laura would concur. If you insist on antagonizing us,
>I would have no problem having you blacklisted with The American Society of
>Journalists.

Do as you see fit. Of course,it will be some amount of trouble for you, and of no real consequence to me.

Should you decide that blacklisting me is *absolutely* imperative, I presume you will not at all mind if I forward our correspondance to various freelance recruiters. I would be interested to see if other freelance writers are as understanding as I am about delayed payment.


Regards... and cheers!
James McLuckie
Freelance writer"

Please note: In the above letter, the publisher of a magazine that has accepted my work says:
1) That his failure to pay me is part of my poor planning, and not the fault of his bookkeeper
2) That I "have a real lack of talent in making money"
3) That I "have major financial management problems"-- I think my response in the above e-mail covers that
4) That "instead of responding to this e-mail... stop being 'the victim' "
5) That if I continue to antagonize him, he will have me blacklisted with the American Society of Journalism.

All this over what his editor calls "a mere $100". Hmm.

After I recieved the above letter, I contacted our esteemed moderator (Angela), with the intent to seek recourse. She suggested I post here; this morning, as I was preparing to do so, I received this last letter from David Mammano.

E-mail #4 Publisher to McLuckie on Day 38

"Boy, I am happy that I do not have to live the sorry excuse of your life. And, FYI, the terms of our agreement were payment sent to you within 30 days - not received in 30 days.

According to our terms, we should have put your check in the mail on 4/9. 4/9 was Good Friday and we didn't cut checks that day. We sent it on the following business day which was 4/12. Wow - one business day late . I will certainly go to confession for that one and pray that God has mercy on my soul. For that one day, I sincerely apologize because I am sure that such a man of your virtue has never been ONE DAY late on a payment.

I am not used to dealing with such saint-like men as you. Thanks for the enlightenment! You have really opened up my eyes to my evil ways. I just feel terrible. How could I do such a thing to a man of such integrity and honor? Shame on me. The more I think about it, you are so right. How dare I send your check one business day late and force you to contact your lawyer, stockbroker and insurance company.

Maybe I should just fold the company that I created from scratch because now that I see the light, I realize that I am just a late paying, insensitive miser.

Or, could it be that James McLuckie is just a gambling, alcoholic, loser?

Hmmm...I'll have to ponder that one....

Much Love,

David"

Now, I don't entirely mind the snide comments (I rather enjoy the "sorry excuse for a life" comment). And I am a gambler (a talented one, truthfully).

But not only does Mr. Mammano go out of his way to be offensive in the first paragraph, *and* admits his culpability in the second paragraph, but he borders on defamation of character with the "alcoholic" remark.

I *still* haven't gotten my check. I will post again when/if I recieve it.

Suffice it to say that I am eagerly (if not hopefully) awaiting payment, and I will not do business with this group again. I heartily advise all of you to avoid Next-Step Magazine at all costs, and I would be glad to see if anyone else has a view (in favor or against me) or an experience with Next-Step that they would share.

Thank you all for your time and attention, and I hope that this doesn't happen to any of you.

-James McLuckie
McLuckieJ@hotmail.com[/u]

Well, for what little it may be worth given my current lack of experience in the field...I've been reading Bowerman's Well-Fed Writer and he says that even if you ask for payment in 30 days, plan on it being closer to 60 or 90, because of companies' payment schedules and such.

Now, I have to admit that 90 sounds like a little much to me if you're hoping for 30, but it does seem like it may be better to plan for the worst occasion (nonpayment) rather than assuming the best (prompt payment). Perhaps starting a little nonpayment fund-- a couple hundred dollars in emergency funds for situations like this?

In any case, that last e-mail does seem ridiculously uncalled for. I mean, did you even reply to his previous e-mail, or did he write that one for the express purpose of antagonizing you?

I suspect I could handle a lot of delayed payments and such as long as people could just be bloody polite about it. >_<

_________________
Georgia ("Gia") Manry
[url=http://georgiamanry.com]GeorgiaManry.com[/url]

My personal opinion is this...

When a writer is given a deadline, they must meet it. When a company says they will remit payment upon acceptance in 30 days - they have given themselves a deadline, if you will. It is unprofessional to expect more out of your freelancers than you are willing to give.

On the other hand, with all due respect, I would have given them the benefit of 7 extra business days before trying to pursue collection. Again, with respect, I found the story about the insurance payment and consequences in NC to be a bit tacky - again, with all due respect. Once again - with respect - I found many spelling errors in your letter. I am in hopes that this was just a direct result of thinking faster than you could re-enter the text of your letter - something I do all of the time - and not how the letter was actually sent out.

Please do not be offended! I am not attacking you personally - only pointing out what might have set off the editors, etc. to be so nasty with you. While there is no excuse for their nasty letters - I do believe that he would have had a point of not cutting checks on Good Friday if they had REALLY cut your check the following Monday as stated.

I do hope that you get paid soon. As a freelance writer myself, I am grateful for your warning about this publication. Heaven knows that none of us want anymore trouble than we have already had.

My best to you.

_________________
Broken Wings: You May Break My Wings, but You Can Never Break My Spirit - Zoe Jesnik

www.1stBooks.com/bookview/20270

Email: ZoeJesnik@neo.rr.com

Website: www.geocities.com/zoejesnik

Zoe...

To the charge of terminal tackiness in an effort to receive payment: Guilty, with extenuating circumstances. All of it is true... except for the part where my insurance agent is all over me. NC really will suspend your DL or jail you for not paying your insurance. It just so happens I'm paid up.

To the charge of typing too fast for my own good: Guilty... pleasant, inconvenient, receive, initiate, expectation... wow, I do type too fast for my own good. Shamefully, the letter was sent out that way. I cry pardon to our sharp-eyed readers, and beg they forgive me... the term 'enraged' does not even *approach* my feeling at the time. My passion and nature were encouraging me to drive to New York seeking retribution (and my paycheck). It's hard to proofread when you're seeing blood-red.

I see your point about 'setting off' their people... I'll concede the possibility that their reaction was visceral, rather then logical.

In rebuttal,however... does anyone really want to work for a company that reacts to complaints viscerally? Can I be sure they really did send me a check... versus simply telling me they did and stonewalling? What if, and I am speculating now, they did send a check but decide to cancel it? Have I somehow earned their contempt by requesting timely payment and making an issue out of it?

As to Good Friday... I am sure to receive flak for this, but: To hell with Good Friday. Friday, April 9th was not a government holiday, and if Mr. Mammano wants to let his people have a day off, that is his perogative.

But...

Let's say I'm a neo-pagan... can I claim that I didn't send the checks on Beltaine, because it's a religious holiday, but I'll get them out ASAP?
What if I'm a Satanist celebrating the Day of Creation of The Fabled BloodBlade of Aaugh? "Sorry, Dave, I'll get your money to you soon, but I had to let everyone off to worship their dark God. Call me Monday and we'll talk more."

I refuse to accept that I should be understanding because it was Good Friday. Anyone who desires to worship... fine. But I will not be considerate of the religious convictions of others when they would use that religion as an excuse to not fulfill contractual obligations.

30 days means 30 days. Not 31 (as Mr. Mammano claims) or even 33 (as the check was not sent out until then). If he really didn't want to work his people on Good Friday...why not send me the check on Thursday, day 29?

I appreciate your view,however... I admit you have pierced some of my pride, if not my righteous anger (ha-ha?). I will have to make a special effort to proofread more carefully when I'm emotionally involved.

Gia...

I suppose I could have waited an extra week, even two, if they had been nice about it... but as soon as I received the letter from the publisher, it became a situation.

Purely as a matter of my personality, I would no more consider waiting 60 days for payment that was promised in 30 then I would consider cutting off my leg with a pocketknife, whether the payment be $10 or 10 million.

As to Mr. Mammano's last e-mail... I'm proud to say I think I touched a nerve.

Thank you for your input and I appreciate your support.

I apologize for piercing your pride. My ramblings were merely an observation - not a judgement. As far as thinking faster than you can type - signs of a passionate writer. Read any of my postings and you will see that I commit acts of grammatical homicide all of the time. I try to proofread my posts - but I never claimed to be an editor - only a writer.

Maybe the warm weather here in Ohio has given me a brain fog - but I believe that you stated that you haven't received your payment yet? I would scream to the depths of the valleys and the heights of every hill. As a matter of fact - I have and it worked. While my friend Michael unveiled the fact that spamming an entire publication is not netiquettely correct - it can work. Sorry Michael. I know I promised I would never suggest such a thing - but desperate times call for desperate measures.

Where is this Next Step Magazine located? Check with the BBB in that area as well as the Attorney General. Did you print off a copy of their post before you submitted? If you did, then you would have some additional proof. If not, definitely print off any other posts that you decide to submit to, just in case.

In addition, some places loosely refer to a 30 day period in a manner that they can defend as 'business days' versus 'calendar days'. At the '30 Business Day' mark, I would send them the best letter that you can create. Remain neutral and simply state the facts - ALL of the facts. Sometimes they need a little memory nudge. Send this certified mail so that you have proof that it was received. I have heard that sending things to an agent or publication that requires a signature will get you canned before you started - but I don't think that you are worried about much else than receiving your due payment from them.

Good Luck and know that we all champion behind you.

Sorry if I seemed cranky in my original post. I am usually not so critical to other posters here - only towards the companies that posters are critical with. It has been a bad week. For all of you ladies out there - Do Not EVER go to Best Cuts and allow them to put hair extensions in your hair. Perhaps the bonding glue has gone to my brain. Or - perhaps it was a portion of that entire bottle of baby oil needed to remove the hair extensions that soaked into my pores and caused my mild aggression the past two days. Either way - I profusely apologize.

_________________
Broken Wings: You May Break My Wings, but You Can Never Break My Spirit - Zoe Jesnik

www.1stBooks.com/bookview/20270

Email: ZoeJesnik@neo.rr.com

Website: www.geocities.com/zoejesnik

I, for one, am curious what the postmark on the envelope will...should you ever receive it.

Angela Hoy
WritersWeekly.com

Zoe...

No need to apologize. Your friend Michael has a positively brilliant idea, actually... spamming an entire publication would be a grand practical joke. Not one I'm likely to get away with, I know, but still uproarious nonetheless.

Next Step is located at 86 W. Main St.; Victor, NY 14564. I had not thought to check the BBB or AG in the area (some of my righteous indignation doubtlessly comes from the fact that I trusted, but didn't verify who I was trusting... lament of the freelancer, I think).

Nor, I confess, did I consider the business-days versus calendar days possibility. What a clever legal loophole; the work invoice reads "Next Step Magazine pays free-lance writers within 30 days of the date the invoice is received". Happily, Mr. Mammano's last letter to saintly-old-me notes that he was late... a memory-nudge written in his own hand, as it were.

I couldn't help but note your last paragraph... and if there is anything to be forgiven about a classic "bad-hair" day, then it is forgiven. I truly appreciate the post, though... and I freely admit that I am greatly comforted and calmed by knowing my comrades, associates, and peers are in my corner on this one.

A continued thank you to one and all for your kindness and support.
-James

After reading this thread, I felt compelled to respond. I don't care how annoyed a publisher or editor is, I don't think that is any reason to behave so unprofessionally. The final letter sounded like something I would have written when I was in junior high and mad at my friend. It would almost be funny if it wasn't so pitiful. I'm sorry, but I don't understand how professionals can act in such an immature manner.

Good luck on getting your check :)

Maitland

Most people are guilty of owing creditors beyond 30 days at some point in their lives, be it the water bill, the vet, the dentist, the guy who fixed your transmission, etc.

I have been a freelance writer for 10 years. If someone doesn't pay me in 30 days, I send a 2nd notice, and at 60 days a 3rd notice and at 90 days a final notice, at which time we're looking at small claims court (never happened, so far).

Most of the larger magazines I have written for have been tardy (exceeding 30 days). Most newpapers are on time.

Anyone who is self-employed knows it is feast or famine most months.

It is possible for people to make mistakes, even the accounting departments of large publishing firms. Things also get lost in the mail.

By the way, Good Friday is still a holiday where I live and there's not one business that is open. Easter Monday is a government holiday and all schools, post offices etc. are closed. People have a right to practice their religion and devote Roman Catholics would not be working on Good Friday. Freedom of religion is something I thought Americans valued.

Cat

After reading through this thread, I, too, am shocked at the response from the publication. I would have thought a professional organization would be, well, more professional than that. I did not think that your original letter attacked them in any way, although, like Gia, I probably would have waited at least 7 days to send a follow-up e-mail. The postal service isn't always the greatest.

By the way, I'm curious as to whether you have received the payment they told you they had sent yet. If they supposedly sent the payment, it would be very interesting to know what day they sent it on. If they did not actually send it, then not only are they rude, but they also lied and broke the contract.

As Cat mentioned above, here in Canada at least, Good Friday is a statutory holiday and no businesses (except maybe Walmart) are open on that day. So no business takes place up here on Good Friday including no mail delivery, etc. etc. I was quite surprised to learn that it is not the same in the states. We have one stat holiday almost every month up here in the spring/summer to give us some nice long weekends. In my government job, Monday was also a holiday. I understand that you were justifyably ticked off at the company, but I would give some leeway where holidays are concerned.

Good luck in getting your money and be sure to let us know how it works out!

Rhonda (aka zubbycat)

If I recall correctly from Logic and Debate class, it weakens an argument to bring in personal reasons.

Simply put, James, you should not have had to tell them anything about your personal life, for the very reason that they would get spiteful and try to use it against you.

I have been freelancing for a local news magazine since September, and although the first issue was published on September 22 (we are to invoice on the date of publication, and get paid 30 days out). My first cheque arrived just before Christmas.

Yes, I still write for this group, but no, I don't rely on their money coming through for ANYTHING. I know that when it does come, it will be gravy.

Also, they have been much prompter about paying my invoices.

As far as most businesses go = cheques are usually cut on a semi monthly or monthly basis, so tolerance is always welcome.

I found your letter to be aggressive, especially the language used, and the anger you allowed to be demonstrated in it.

You mention that you don't care if David blacklists you, which is probably a good thing.

This is not to say I feel that David is at all justified nor Laura, in their unprofessional responses, and if I thought they would read this, I would probably comment to them as well.

I agree with the 30 day, 60 day, 90 day rule, and I apply it to the program that I run (when I am not freelancing, I do earn some bread and butter). Our billing dates may way outmesh their cheque cutting days (they cut on the 30th, I bill on the 25th - they don't recieve it till after the 30th scenario).

I hope you recieve your cheque soon, and like Angela, would be interested in knowing the post mark on the envelope.

Good luck, Rachel

At the risk of seeming too harsh, I think it might be worthwhile to inject a note of realism here.

First, you really need to view payment terms as flexible and even somewhat arbitrary. I have worked as a freelancer for several years, and also worked in-house at publishing companies that hired a lot of freelancers. Very few checks are received within 30 days of the time work is submitted, or even invoiced. It's nice when it happens, but it is not something you should ever count on. There can be many reasons for this; your invoice might hit at the wrong point in the company's bookkeeping cycle; the editor or accountant may be away on vacation, or busy; your invoice may have become lost; the check might have been lost in the mail; they may be witholding payment in case they need you to make revisions or supply back-up reference material.

Especially around holidays or when it is close to tax time, it can take a few extra days to receive payment. I have a client that I work for regularly who sends me contracts that say "we pay within 10 days of receiving your invoice." They have never paid me within 10 days. That's just the reality. Sometimes it takes 6 weeks to get the check. People are busy. If I had written them a snide email message demanding payment and threatening to sue them the first time they were a couple of days late, I would have lost thousands of dollars of business from them over the years. If I wrote snide email messages to late-paying clients every time a check was late, I would have gone out of business a long time ago. In a perfect world, sure, you would get your check in 30 days. Unfortuantely, we are not living and working in a perfect world.

Second, the email messages that you sent were, to put it kindly, unprofessional in tone and content. Your check was a few days late and you're going on about how you're "furious," how you afraid to seem that you are "a prick" or "a bastard" and that you are going to go to jail because you haven't received your check? I thought that the first 2 email messages that you received were actually quite reserved, considering what you wrote, and much kinder that what I would have written had I been that editor and publisher. The last was a little over the top, but so were your messages with that business about "my stockbroker says" and "my attorney tells me I should sue you" and so on.

If you plan to work as a freelance writer, you need to develop a sense of proportion about late payments and your response to them. A better approach is this: if you don't hear something after 35 to 40 days, send a short email message saying "I haven't received payment for the invoice I submitted on March 1. Would you mind checking to see if it is being processed?" and attach another copy of the invoice. This nearly always shakes your payment out of wherever it got held up. If you still don't have it after 65 or 70 days, a polite follow-up phone call is probably a good idea. But leave your attorneys, stockbrokers, and the state of North Carolina out of it.

Just thought I'd add that there was a really good article in "Writer's Digest" a couple of months ago on how to go about getting your money out of companies that haven't paid you after a reasonable amount of time. It gave some good guidelines as to when to send a second and third notice, etc. and then what to do if all else fails. If anyone is interested, I probably have the issue in one of these piles on my floor and I could find out what month it was for you.

Rhonda (aka zubbycat)

You can read 10 WAYS TO MAKE DEADBEATS PAY UP...FAST!
here:

http://www.writersweekly.com/this_weeks_article/000499_05152002.html