Debt enforcement is all very legal, ponderous, and dull.
But there’s a more entertaining side to it, which can help you get back the money you’re owed…
As well as making the process far more enjoyable (yes, really!)
My company, Creative Warehouse, has spent several weeks pursuing a business for an unpaid invoice.
It was the same old story.
They quibbled about the amount of work which had been done, the quality, all the usual excuses…
Then refused to answer any emails.
Does that sound sadly familiar?
Yes, there is far too much of it about, I know.
It shouldn’t be tolerated, and there was no way I was going to.
But!
There are cunning communication ways of going about these campaigns which can make them more palatable.
Aside from having all the evidence you need, the golden rule of successful debt enforcement is this:
- Remember always that you're playing to a crowd, just like in a theatre
Okay, it may be an unseen crowd, and your work might never come to be appreciated in the way it deserves.
But it’s a crowd nonetheless, even if made up of one person only.
By which I mean a potential judge.
Playing to this particular crowd requires keeping their sympathy on your side, just as with any audience.
So, imagine anything you write could be seen by them.
Which means it has to be calm, fair, reasonable, and scrupulously polite…
(Even sometimes far more so than is necessary, and far, far more so than you may be inclined.)
It's smart to build up the pressure on your target gently.
Initially, simply write that their invoice is overdue.
Then do so again the following week, only pointing out it's ever more overdue now.
Follow that up, a week later, with another message expressing concern about the person/their business, and their ability to pay.
Be as sweet as kiddies' candy...
And then, if required, start to talk about your disappointment that you haven’t heard from your errant and offending debtor…
Only after a couple of weeks of this comes the pleasant moment to get a little heavier.
- And then, just a little
Sculpt something like: Given the respect I have for you, I very much hope we don't have to initiate further proceedings…
(No matter that it might stick in the throat to say!)
Follow that up a week later with a bit more along the same lines.
Then, and only then, move on to the delicious endgame...
Giving them a week (with great regret, naturally, having been forced to this point) before you begin legal action…
And then take it, if you have to.
Serve the summons, sit back, and and enjoy the response.
I'm happy to report this strategy has never failed me in terms of either getting paid rapidly following receipt of summons, or having a judgement enforced in my favour.
- But, critically, it also has one more absolutely wonderful advantage…
It winds up your opponent no end.
As indeed it did in the case I've mentioned.
Witness this charming note, attached to payment (the key line is a little blacked out, but no doubt the message is clear!)
