A Brand Owes Me Money—What Do I Do?

Brooke Cagle via Unsplash

Dealing with unpaid invoices can be a frustrating and stressful experience for any influencer or creative. You’ve done the work, you’ve invoiced the client, but when it comes time to get paid, they seem to have vanished into thin air. Being ghosted by a brand when you’re an influencer or a freelancer is not uncommon. Here are the steps you can take to protect yourself and recover what is owed to you.

Gather Important Information and Documents

Before taking any legal action, it's important to gather all relevant information and documents. This includes:

  1. The original contract or agreement between you and the client

  2. Any communications or correspondence regarding payment, such as emails or letters

  3. Copies of invoices and payment receipts

  4. Any other relevant documents, such as receipts for expenses incurred while completing the work

Having this information and documentation will not only help you understand your legal rights, but it will also be essential if you need to take legal action to recover what is owed to you.

Review the Contract

Once you have all the relevant information and documents, start by reviewing the contract or agreement you have with the client. Make sure you understand the terms of payment, whether the other party has breached the contract or if they’re still within their payment window, and what steps you need to take to receive payment. If there is any ambiguity in the contract, it’s important to seek legal advice as soon as possible.

Communicate Clearly and Consistently

Once you’ve reviewed the contract, reach out to the client and communicate your expectations for payment, as outlined in your contract. Be professional and polite, but firm in your request. If the client is avoiding calls or emails, keep a record of all communication attempts.

Consider Alternative Methods of Payment

If you’ve been unable to receive payment from a client, you may need to consider alternative methods of payment, such as setting up a payment plan.

Seek Legal Advice

If the client continues to avoid payment, it may be necessary to seek legal advice. A lawyer can advise you on your options and help you to recover what is owed to you. Sometimes all it takes is a letter from a lawyer to get the attention of the brand and recover payment. Sometimes more procedural legal action may be necessary.

In the United States, small business owners have several legal remedies available to them if they are owed money by another party. For example, you may be able to file a lawsuit in small claims court if the amount owed is less than a certain amount (the limit varies by state). Additionally, you may be able to file a lawsuit in state or federal court if the amount owed is greater than the small claims limit.

These headaches, while infrequent, are sometimes the cost of doing business. A lawyer will be best equipped to look at your individual situation and documents and decide the best course of action to effectively recover payment for your business.

Mikey Allen