If you're a content creator or freelance worker, you know how frustrating it can be when a brand breaches your contract by failing to pay you. 

Not only can this be detrimental to your financial well-being, but it can also damage your reputation and make it difficult to trust future clients. You’ve done all the work and provided an invoice, and then nothing. 

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But what can you do when this happens? 

Here are some steps you can take to protect yourself and seek the payment you are owed.

STEP ONE: Confirm the Breach

First, it's important to review the terms of your contract and make sure that the brand is in fact in breach of the contract. This means looking at the payment terms and deadlines, as well as any clauses that outline what happens if the brand fails to pay you. If you determine that the brand is indeed in breach, your next step will be to contact them and demand payment.

STEP TWO: Send Demand Letters

Now, it’s time to send them a demand letter or series of demand letters - which are a formal and lawyerly way of asking (or rather demanding) them to pay you what is owed. The demand letter should also specify a deadline for payment and warn the brand that if they do not pay by the deadline, you will take legal action (even if you don’t plan on it).

Psst….we sell a demands package letter if you need help. 

STEP THREE: File Your Claim

You’ll file a claim and pay the filing fee in the correct court.

The correct court will depend on the jurisdiction clause in your contract, which states where a lawsuit can be filed.  This is hopefully something you negotiated before signing the contract and something we cover in our UGC Bundle.

It will also depend on the amount of money you are claiming you are owed.  If it is a significant amount, you’ll likely hire a lawyer and file a civil lawsuit against them.  This can be a time-consuming and expensive process, but if you have a strong case and are willing to see it through, it may be worth it to seek the payment you are owed. In some cases, it may be possible to settle the matter outside of court, either through mediation or by negotiating a settlement with the brand.

If the amount is low, then you will likely not hire a lawyer but instead self-represent and file in small claims court. 

Small claims court is a more informal and inexpensive option than hiring a lawyer and filing in “regular” court. 

STEP FOUR: Serve the Papers

You will need to serve the paperwork on the Brand and/or defendant.  This is called “service of process” where you notify the defendant that they are being sued, which is typically done through a process server. 

STEP FIVE: Go to Court

You will attend the hearing and present your case to a judge. If the other party fails to appear, you’ll get a default judgment.

Step 5: Final Judgment

The judge enters a final judgment either due to the Defendants’ non-appearance or after you’ve proved your case at trial.  For small claims, usually, the final judgment comes in the mail after the hearing.

Step 6: Collecting your judgment

The court enters judgment, but now you’ll have to collect the payment. 

Overall
No matter what course of action you choose, it's important to keep in mind that dealing with a brand that breaches your contract by failing to pay you can be a challenging process. But by taking the steps outlined above and staying persistent, you can protect yourself and seek the payment you are owed.

👉 Have you not been paid and you’re ready to send demand letters???

Go grab our Demand Letters Package here.

DISCLAIMER: The information provided in this blog post is for informational and educational purposes only.  This is not a substitute for customized legal advice - if you need legal advice, please consult with an attorney.  This is not a law firm.