When The Editor Won't Pay
by Sherry D. Ramsey


Most publications and their editors are reliable when it comes to
paying authors for their work, but once in a while it happensâ€"that
payment just doesn't arrive. You write a polite letter reminding them
that you haven't been paid, and there's no response. What do you do next?

Some writers are tempted to forget the whole thing, put the
editor/publication on their personal blacklist, and simply move on.
Unless the fee is very small, however, and it would cost you more to
collect, don't fall prey to this temptation. You are selling yourself
short and encouraging the editor in his or her unethical treatment of
writers. Here are some guidelines on how to proceed:

1. Have a written agreement. If the editor doesn't offer to send you
a contract, you can send out your own. Sample contracts are provided
in many books on the legalities of publishing, and there are some at
http://www.sfwa.org/contracts/contracts.htm. You can also write your
own simple document that states the name of the article or story, your
name and the name of the publisher, the agreed amount of payment and
the rights you are selling. If the editor won't sign it or says, "we
don't need a contract," take that as a danger sign.

2. Be prepared to wait a while. Many things can happen to delay
payment, and you don't want to alienate the editor by jumping too
soon. When a reasonable time has passed, write a polite letter
reminding the magazine that you haven't been paid. Keep a copy for
your records.

3. If you receive no response or an unsatisfactory one, send a letter
via registered mail indicating your intention to sue if payment is not
received by a specific date. Outline all the facts of your dealings
with the editor, and of course include a photocopy of your contract if
you have one.

4. If nothing else works, file a suit in Small Claims Court (or the
equivalent in your area). Usually you can do this yourself, with the
help of the court office.

Your local writer's organization is also a good place to turn for
information on how to proceed against non-paying publications.
Chances are they've run into the problem before and can give you
specific help and advice.

Protect your rights as a writer and be prepared to defend them if
necessary. Your words are your business, after all, and are valuable
to you and to those who will read them.

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Sherry D. Ramsey is a fiction and nonfiction writer, editor and
Internet publisher. For lively and friendly discussions on all
aspects of the writing life, visit The Writer's Block,
(http://bthewritersblock.runboard.com) a writer's online community
associated with The Scriptorium Webzine for Writers
(http://www.thescriptorium.net).
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