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The Society is a member of the Institute of Professional Editors Limited (IPEd)

Dear Ed archive

July 2009

Dear Ed

I did a job for On the Nose Publications* two years ago and had to chase them for payment but they eventually paid up. Then I did another job for them six months ago and now they've vanished without paying my invoice. They don't have a street address and they won't answer the phone. What can I do? Please warn other editors not to accept work from them.
Gill Sans*
(* Not the real names, in case you couldn't guess.)

Hi Gill

Just give me a minute to put on my serious face. Is it on straight? What about my hair? Okay. Gill, I have to start with the obvious question: If you already had to chase On the Nose for payment once, why on earth did you work for them again? If a client has trouble paying, it's either because they have cash-flow problems or because they shuffle their in-tray each day and put all the invoices at the bottom, which amounts to the same thing.

You could go to a debt-collection agency. But be aware that debt-collection agencies charge a fee based on a percentage of the debt plus costs, plus GST, so you'll need to do your sums to determine if it's worth it.

I'm afraid I can't warn other editors not to accept work from On the Nose. It's one thing for you to stand up and say 'On the Nose have not paid me for the work I did for them'. It's the truth, based on your dealings with On the Nose. However, if I come out and say 'On the Nose did not pay Gill, so please don't accept work from them', then I could be sued by On the Nose for defaming its reputation and harming its business. This would be third-party defamation, as I would be repeating stories told to me about a third party, i.e. On the Nose.

Third-party defamation is a tricky beast. Truth is a defence against defamation, but the onus would then be on me (and on the Society of Editors for publishing this letter) to prove that On the Nose has never paid its bills, and we know from your previous job that isn't the case.

Unfortunately, it's much easier to prove that something has happened than it is to prove that it hasn't happened, but that's what you would be attempting to do if On the Nose decided to sue you. I wish you well in your search for financial redress, and I wish there were more that I could do.

Take care out there

Ed