Working with LSPs from a different country
Thread poster: Agnishwar Choudhury
Agnishwar Choudhury
Agnishwar Choudhury  Identity Verified
India
Local time: 16:17
Japanese to English
+ ...
Oct 15, 2020

Hi guys, I have started becoming active here on ProZ only recently. So, I am kind of new here.
In this query, I will put a number next to my inquiries. Hope that will make it easier.
I apologize for making you read so much, but please lend me a little bit of your time. I would be much obliged.

1. Like the heading says, my first question is that is it pretty normal for freelance translators to be working with LSPs from a different country?

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Hi guys, I have started becoming active here on ProZ only recently. So, I am kind of new here.
In this query, I will put a number next to my inquiries. Hope that will make it easier.
I apologize for making you read so much, but please lend me a little bit of your time. I would be much obliged.

1. Like the heading says, my first question is that is it pretty normal for freelance translators to be working with LSPs from a different country?

Like I am from India and I am wondering if there are a few tips that you guys could share regarding working with a foreign LSP.
Till date, I have had only worked with Indian institutions, but now that I want to have a better online independent presence, I am kind of faced with some basic questions.

Also, anyone has experience negotiating on the payments timeline with LSPs? More often than not, LSPs seem to want to pay after sixty days of invoice (I have also seen a few 45).

I had never waited for such a long time when working with the outsourcers here, but after some research, I found out that it is not exactly uncommon?
Yes true, I am like a frog in the well, but it is a bit hard to digest a sixty days payment window. I might still understand if it is a regular client.

2. So, my question is, do you guys first try to negotiate the time for payment? And if there is no room for negotiation whatsoever, what do you do in order to mitigate risk?

3. How do you pursue unpaid dues, and what is the grace period you offer them (LSP) before you stop working on the project (suppose it is a continuing project) until clearance of the previously unpaid dues?

4. I understand that I will have to bear a few risks when starting out, but please tell me if there is something I need to do in order to minimize the risks (I am doing the following, for the time being, Kindly suggest any additions).

I always go through the Blue Board, google their online presence, check feedbacks about them, and the scam alert page as much as possible so that I have a general idea about who is assigning me the job. However, truly the risk and wait is probably something we all just have to bear with.

5. Finally, can someone who is based in India shed some light on how you usually prefer to accept payments? What is the most economical recommended method of pay, considering markup and conversion rates? I have no clue whatsoever regarding receiving international payments except other than through PayPal.

Thank you so much for your patience.
Take care.
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Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 11:47
Member (2006)
English to Afrikaans
+ ...
@Agnishwar Oct 15, 2020

Agnishwar Choudhury wrote:
Is that is it pretty normal for freelance translators to be working with LSPs from a different country?


It is up to you if you want to work for clients outside of your own city, your own province or your own country, but the fact is that it has become so easy to work for clients from other countries, and clients from other countries have become so used to working with translators from other other countries, that you might as well do it.

Obviously you have to realise that some things that are considered normal in your own culture may not be considered normal in the client's culture.

Do you guys first try to negotiate the time for payment?


So, a client says "I want this done by Wednesday, for 5c per word, and I'll pay after 90 days", and then you say "I can only do this by Friday, and I want 10c per word, and I want to be paid after 30 days", and then the client says "Okay, how about you do it by Thursday, for 6c per word, and we'll try to remember to pay after 75 days", and then you say "Sorry, I really can't do it before Friday" and then the client says, "Great! So, it's Friday, for 6c per word. Please go ahead". Is this what you mean by "negotiation"? (-:

It is practically impossible to negotiate payment terms. You can tell the client what your terms are, and the client can tell you what their terms are, and if you do decide to work with each other, then whoever has the longest terms wins.

You can't enforce your own terms because you are the party who finally decides whether or not to accept the job. You can tell the client "I will only accept 14 days, and don't send me any jobs unless you're willing to pay in 14 days", but if the client client says "we pay after 90 days" and then sends you a job, and if you then *accept* the job, well, then it's 90 days, because you accepted it.

Also don't forget that the project manager often does not have the authority to negotiate payment terms. And sometimes the payment terms are not even known to the project manager -- they are set by the accounting department, and it has no effect on their decision if you tell the project manager what payment terms you prefer.

And yes, be prepared for very long payment terms. However, this should not prevent you from following up regularly and keeping careful track of which clients haven't paid yet. When working with a client, try to find out from them what their payment terms are, and make a note of it, and then follow up firmly if they appear to have missed it. Most clients want to pay on time, and few of them do not feel ashamed when they fail.

I use a program called CherryTree to keep notes of all my clients, including what they claim their payment terms are. And when I add the invoice to my accounting spreadsheet, I add a note to it to say when I expect the payment. Then, when I match up incoming payments against invoices, I can see when payments are starting to become late, even if different clients have different payment terms. Also, it is not rude to ask a client to let you know when they make payment.

Another thing you can do, is to ask the client when they will pay, after 30 days, even if you know that they pay after 90 days. In other words, 30 days after you sent the invoice, send a polite message telling them that your records do not appear to show the payment, and can they please confirm if they have paid or not. Usually they will then reply by saying "we will pay you at such and such a date", and then you can write that in your accounting spreadsheet.

How do you pursue unpaid dues...


Alas, by writing polite letters first and by writing angry letters later, and hoping that the client will feel compelled to pay.

What is the grace period you offer them (LSP) before you stop working on the project (suppose it is a continuing project) until clearance of the previously unpaid dues?


If it's an ongoing project, you should stop working immediately as soon as any payment is late. You could give them 2-3 days' grace, but really, an ongoing project implies that the client already has the necessary cash flow to pay you, so there is no excuse to be late, and if they are late, then you are right to be worried.

I always go through the Blue Board, google their online presence, check feedbacks about them, and the scam alert page as much as possible so that I have a general idea about who is assigning me the job. However, truly the risk and wait is probably something we all just have to bear with.


Yup, that's about it.

[Edited at 2020-10-15 14:23 GMT]


Kevin Fulton
 
Sheila Wilson
Sheila Wilson  Identity Verified
Spain
Local time: 10:47
Member (2007)
English
+ ...
Some thoughts Oct 15, 2020

Agnishwar Choudhury wrote:
is it pretty normal for freelance translators to be working with LSPs from a different country?

Freelance translation is a truly global profession. Personally, I've sent invoices to 35 or so countries. Of course, it can be more difficult to collect debts from abroad, but that can be difficult in domestic situations too. Anyway, it doesn't mean you should expect to lose money. I've never had a solvent client who hasn't paid -- in the end.

do you guys first try to negotiate the time for payment?

I always state my terms in my quote. If they reply wanting me to do the work, I ask them to reply again saying that they accept my terms. Or of course they can give alternative terms. Either way, terms need to be agreed between us in black and white before we move on.

3. How do you pursue unpaid dues, and what is the grace period you offer them (LSP) before you stop working?

I send a polite reminder after just a few days, then a couple of more formal ones. One of them would say I will stop work; the next would say I've stopped. Finally, I send a final demand to their registered postal address (by registered post). You can find standard English wordings online. After that, it's on to a lawyer's letter, the courts, debt recovery company, etc. But that's rarely needed. I would make a BB entry to warn other translators -- I warn the client of that before I do it, so they can avoid bad publicity.

please tell me if there is something I need to do in order to minimize the risks

You're doing more than many people. I would only add more checks if I had a bad feeling about the client after a few exchanges of emails: 1) Google searches for the email address, the person's name, the text name, etc along with the word "scam". 2) Check the company's address in Google Earth or similar. 3) In some countries, you can check the companies' register online (there's a list of them in Wikipedia). The address should match up.

At the same time, the best way to avoid big losses is to avoid giving too much credit. A first-time client shouldn't be given much at all. Ask for an advance for a big job, and expect payment for job #1 before accepting job #2. Even a loyal client you've had for years should have their credit limited as they could always go under the proverbial bus.


 
Agnishwar Choudhury
Agnishwar Choudhury  Identity Verified
India
Local time: 16:17
Japanese to English
+ ...
TOPIC STARTER
A tonne of thanks! One more query please! Oct 19, 2020

Samuel Murray wrote:

Agnishwar Choudhury wrote:
Is that is it pretty normal for freelance translators to be working with LSPs from a different country?


It is up to you if you want to work for clients outside of your own city, your own province or your own country, but the fact is that it has become so easy to work for clients from other countries, and clients from other countries have become so used to working with translators from other other countries, that you might as well do it.

Obviously you have to realise that some things that are considered normal in your own culture may not be considered normal in the client's culture.

Do you guys first try to negotiate the time for payment?


So, a client says "I want this done by Wednesday, for 5c per word, and I'll pay after 90 days", and then you say "I can only do this by Friday, and I want 10c per word, and I want to be paid after 30 days", and then the client says "Okay, how about you do it by Thursday, for 6c per word, and we'll try to remember to pay after 75 days", and then you say "Sorry, I really can't do it before Friday" and then the client says, "Great! So, it's Friday, for 6c per word. Please go ahead". Is this what you mean by "negotiation"? (-:

It is practically impossible to negotiate payment terms. You can tell the client what your terms are, and the client can tell you what their terms are, and if you do decide to work with each other, then whoever has the longest terms wins.

You can't enforce your own terms because you are the party who finally decides whether or not to accept the job. You can tell the client "I will only accept 14 days, and don't send me any jobs unless you're willing to pay in 14 days", but if the client client says "we pay after 90 days" and then sends you a job, and if you then *accept* the job, well, then it's 90 days, because you accepted it.

Also don't forget that the project manager often does not have the authority to negotiate payment terms. And sometimes the payment terms are not even known to the project manager -- they are set by the accounting department, and it has no effect on their decision if you tell the project manager what payment terms you prefer.

And yes, be prepared for very long payment terms. However, this should not prevent you from following up regularly and keeping careful track of which clients haven't paid yet. When working with a client, try to find out from them what their payment terms are, and make a note of it, and then follow up firmly if they appear to have missed it. Most clients want to pay on time, and few of them do not feel ashamed when they fail.

I use a program called CherryTree to keep notes of all my clients, including what they claim their payment terms are. And when I add the invoice to my accounting spreadsheet, I add a note to it to say when I expect the payment. Then, when I match up incoming payments against invoices, I can see when payments are starting to become late, even if different clients have different payment terms. Also, it is not rude to ask a client to let you know when they make payment.

Another thing you can do, is to ask the client when they will pay, after 30 days, even if you know that they pay after 90 days. In other words, 30 days after you sent the invoice, send a polite message telling them that your records do not appear to show the payment, and can they please confirm if they have paid or not. Usually they will then reply by saying "we will pay you at such and such a date", and then you can write that in your accounting spreadsheet.

How do you pursue unpaid dues...


Alas, by writing polite letters first and by writing angry letters later, and hoping that the client will feel compelled to pay.

What is the grace period you offer them (LSP) before you stop working on the project (suppose it is a continuing project) until clearance of the previously unpaid dues?


If it's an ongoing project, you should stop working immediately as soon as any payment is late. You could give them 2-3 days' grace, but really, an ongoing project implies that the client already has the necessary cash flow to pay you, so there is no excuse to be late, and if they are late, then you are right to be worried.

I always go through the Blue Board, google their online presence, check feedbacks about them, and the scam alert page as much as possible so that I have a general idea about who is assigning me the job. However, truly the risk and wait is probably something we all just have to bear with.


Yup, that's about it.

[Edited at 2020-10-15 14:23 GMT]


Thank you so much for your time. It has been extremely helpful.

One more thing I had completely forgotten about.
Suppose you and a LSP agree to work on a project, what will be the proof of their hiring my services?
Do you execute some sort of a contract document? I do not think that communications over mail suffice?


[Edited at 2020-10-19 09:10 GMT]


 
Agnishwar Choudhury
Agnishwar Choudhury  Identity Verified
India
Local time: 16:17
Japanese to English
+ ...
TOPIC STARTER
A tonne of thanks! One more query please! Oct 19, 2020

Sheila Wilson wrote:

Agnishwar Choudhury wrote:
is it pretty normal for freelance translators to be working with LSPs from a different country?

Freelance translation is a truly global profession. Personally, I've sent invoices to 35 or so countries. Of course, it can be more difficult to collect debts from abroad, but that can be difficult in domestic situations too. Anyway, it doesn't mean you should expect to lose money. I've never had a solvent client who hasn't paid -- in the end.

do you guys first try to negotiate the time for payment?

I always state my terms in my quote. If they reply wanting me to do the work, I ask them to reply again saying that they accept my terms. Or of course they can give alternative terms. Either way, terms need to be agreed between us in black and white before we move on.

3. How do you pursue unpaid dues, and what is the grace period you offer them (LSP) before you stop working?

I send a polite reminder after just a few days, then a couple of more formal ones. One of them would say I will stop work; the next would say I've stopped. Finally, I send a final demand to their registered postal address (by registered post). You can find standard English wordings online. After that, it's on to a lawyer's letter, the courts, debt recovery company, etc. But that's rarely needed. I would make a BB entry to warn other translators -- I warn the client of that before I do it, so they can avoid bad publicity.

please tell me if there is something I need to do in order to minimize the risks

You're doing more than many people. I would only add more checks if I had a bad feeling about the client after a few exchanges of emails: 1) Google searches for the email address, the person's name, the text name, etc along with the word "scam". 2) Check the company's address in Google Earth or similar. 3) In some countries, you can check the companies' register online (there's a list of them in Wikipedia). The address should match up.

At the same time, the best way to avoid big losses is to avoid giving too much credit. A first-time client shouldn't be given much at all. Ask for an advance for a big job, and expect payment for job #1 before accepting job #2. Even a loyal client you've had for years should have their credit limited as they could always go under the proverbial bus.



Hi Sheila,
Thank you so much for your time. It has been extremely helpful.
One more thing I had completely forgotten about.
Suppose you and a LSP agree to work on a project, what will be the proof of their hiring my services?
Do you execute some sort of a contract document? I do not think that communications over mail suffice?


 
Sheila Wilson
Sheila Wilson  Identity Verified
Spain
Local time: 10:47
Member (2007)
English
+ ...
Emails form a contract Oct 19, 2020

Agnishwar Choudhury wrote:
Suppose you and a LSP agree to work on a project, what will be the proof of their hiring my services?
Do you execute some sort of a contract document? I do not think that communications over mail suffice?

I've signed a few contracts provided by agencies and other clients, and I've rejected offers of work from many who want me to sign over-restrictive or even abusive contracts.

But mainly, I rely on the terms and conditions I lay out in a couple of sentences of an email. That's just as good as a signed document that uses clauses and language like "hereby" and "whereas" to say the same thing. If it's for a book, I add an extra sentence or two to cover payment in the event of a cancellation, staged payments, expected timings, etc.


 
Agnishwar Choudhury
Agnishwar Choudhury  Identity Verified
India
Local time: 16:17
Japanese to English
+ ...
TOPIC STARTER
Much appreciated! Oct 20, 2020

Sheila Wilson wrote:

Agnishwar Choudhury wrote:
Suppose you and a LSP agree to work on a project, what will be the proof of their hiring my services?
Do you execute some sort of a contract document? I do not think that communications over mail suffice?

I've signed a few contracts provided by agencies and other clients, and I've rejected offers of work from many who want me to sign over-restrictive or even abusive contracts.

But mainly, I rely on the terms and conditions I lay out in a couple of sentences of an email. That's just as good as a signed document that uses clauses and language like "hereby" and "whereas" to say the same thing. If it's for a book, I add an extra sentence or two to cover payment in the event of a cancellation, staged payments, expected timings, etc.


Much much appreciated.
Thanks a lot!
Take care.


 
Agnishwar Choudhury
Agnishwar Choudhury  Identity Verified
India
Local time: 16:17
Japanese to English
+ ...
TOPIC STARTER
A few more things please! Oct 20, 2020

Sheila Wilson wrote:

Agnishwar Choudhury wrote:
Suppose you and a LSP agree to work on a project, what will be the proof of their hiring my services?
Do you execute some sort of a contract document? I do not think that communications over mail suffice?

I've signed a few contracts provided by agencies and other clients, and I've rejected offers of work from many who want me to sign over-restrictive or even abusive contracts.

But mainly, I rely on the terms and conditions I lay out in a couple of sentences of an email. That's just as good as a signed document that uses clauses and language like "hereby" and "whereas" to say the same thing. If it's for a book, I add an extra sentence or two to cover payment in the event of a cancellation, staged payments, expected timings, etc.


Sheila, I deeply apologize for taking up your time like this, but if it fine with you, there are a few more things I would like to ask you about.

1. When do you send your invoice for a continuing project that spans over a few months?
Do you send one at the beginning of every month, for the performances rendered during the last month?

2. Also, after a short term project, do you immedaitely send your invoice, or do you perhaps wait for a few days, and then proceed?

3. As for when you are delivering work, I would guess that you ask them to acknowledge the receipt of the same, but even if they do not revert back with an acknowledgement, simply delivering the work will be sufficient discharge of my responsibilities as a translator, right? Is there some other safeguard I need to put in place? What I mean is that say in CAT tools, the work assigned and the work accepted is recorded by the CAT, but that is not the case for when CAT tools are not involved. Any additional safeguard you employ in such cases?


Much thanks in advance. You have been a lifesaver.


 
Sheila Wilson
Sheila Wilson  Identity Verified
Spain
Local time: 10:47
Member (2007)
English
+ ...
Others will have other, equally valid, answers Oct 20, 2020

Agnishwar Choudhury wrote:
1. When do you send your invoice for a continuing project that spans over a few months?
Do you send one at the beginning of every month, for the performances rendered during the last month?

If I'm doing staged deliveries, I send invoices each month for what I've delivered. Sometimes, by prior agreement, I just charge whatever percentage of the total seems about right to keep my effort in line with my remuneration.

2. Also, after a short term project, do you immedaitely send your invoice, or do you perhaps wait for a few days, and then proceed?

I tend to have mainly clients who stick with me for years, often sending multiple jobs per month. I have one who has on occasions sent as many as 45 jobs in a month, so invoicing each job separately clearly wouldn't work for him! I actually prefer to do my invoicing monthly for everyone. It does mean I give clients anything from 30 to 60 days to pay. On the other hand, I only have to think about invoicing on one day per month and then I get into a rhythm for an hour or two, sending them all out and crossing them all off, and doing the bookkeeping too. Seeing how much I've earned generally makes for quite a satisfying end to the month . It can also help clients remember their responsibilities. After all, they'll receive the May invoice on the last payment date for the April invoice, so that can act as a last-minute reminder.

3. As for when you are delivering work, I would guess that you ask them to acknowledge the receipt of the same, but even if they do not revert back with an acknowledgement, simply delivering the work will be sufficient discharge of my responsibilities as a translator, right? Is there some other safeguard I need to put in place? What I mean is that say in CAT tools, the work assigned and the work accepted is recorded by the CAT, but that is not the case for when CAT tools are not involved. Any additional safeguard you employ in such cases?

I try really hard to get new clients to acknowledge every delivery. I tell them that it's a required part of my quality procedures; my "sign-off". But I usually fail and have to fall back on the hope that no news is good news. If a client doesn't complain about not receiving the work, and doesn't complain about the quality, then all is presumably fine. They'll soon get in touch if something is wrong.

The above are just my answers to your questions. I'm sure others will have equally valid yet very different answers. Hopefully they'll respond with alternatives.


 
Agnishwar Choudhury
Agnishwar Choudhury  Identity Verified
India
Local time: 16:17
Japanese to English
+ ...
TOPIC STARTER
Thanks! Oct 22, 2020

Sheila Wilson wrote:

Agnishwar Choudhury wrote:
1. When do you send your invoice for a continuing project that spans over a few months?
Do you send one at the beginning of every month, for the performances rendered during the last month?

If I'm doing staged deliveries, I send invoices each month for what I've delivered. Sometimes, by prior agreement, I just charge whatever percentage of the total seems about right to keep my effort in line with my remuneration.

2. Also, after a short term project, do you immedaitely send your invoice, or do you perhaps wait for a few days, and then proceed?

I tend to have mainly clients who stick with me for years, often sending multiple jobs per month. I have one who has on occasions sent as many as 45 jobs in a month, so invoicing each job separately clearly wouldn't work for him! I actually prefer to do my invoicing monthly for everyone. It does mean I give clients anything from 30 to 60 days to pay. On the other hand, I only have to think about invoicing on one day per month and then I get into a rhythm for an hour or two, sending them all out and crossing them all off, and doing the bookkeeping too. Seeing how much I've earned generally makes for quite a satisfying end to the month . It can also help clients remember their responsibilities. After all, they'll receive the May invoice on the last payment date for the April invoice, so that can act as a last-minute reminder.

3. As for when you are delivering work, I would guess that you ask them to acknowledge the receipt of the same, but even if they do not revert back with an acknowledgement, simply delivering the work will be sufficient discharge of my responsibilities as a translator, right? Is there some other safeguard I need to put in place? What I mean is that say in CAT tools, the work assigned and the work accepted is recorded by the CAT, but that is not the case for when CAT tools are not involved. Any additional safeguard you employ in such cases?

I try really hard to get new clients to acknowledge every delivery. I tell them that it's a required part of my quality procedures; my "sign-off". But I usually fail and have to fall back on the hope that no news is good news. If a client doesn't complain about not receiving the work, and doesn't complain about the quality, then all is presumably fine. They'll soon get in touch if something is wrong.

The above are just my answers to your questions. I'm sure others will have equally valid yet very different answers. Hopefully they'll respond with alternatives.


I see. It has been immensely helpful and I cannot thank you enough for your time.
On a concluding note, I want to shamelessly ask you three more things. I promise this is going to be the concluding note, for sure. ^^

1. Has any LSP ever denied you payment on strange terms? If yes, then on what ground? Though I guess a reputed LSP would not do shady stuff like that.

2. You said in your first reply, "After that, it's on to a lawyer's letter, the courts, debt recovery company, etc.", regarding your actions when a LSP denies you payment. But, is it that easy to pull those things off when the LSP is situated abroad? Which court will have the jurisdiction for a case like that? And if it is the foreign court that has the jurisdiction, would not your native lawyer not suffice as your legal representative to move that court, and maybe you have to hire a lawyer overseas? Moreover, a debt recovery company? That sounds so cool. Like I cant help but ask you about the particulars.

People could hire those recovery companies on a personal level? I had no idea!

3. Finally, so like I am thinking of purchasing/subscribing to a CAT tool, and there are like of course a multitude of options. I have had experience with Trados 2017, so I will probably get Trados only. My question is, is it smarter to get the annual subscriptions for these tools, or is it better to do a purchase (honestly though, I only know about the payment model for Trados)? What things facilitate your decision regarding paying for CAT tools? And what do you do when a project requires you to have one particular kind of CAT tool that you do not possess? Do you ask the client to first absolutely confirm that you are on board the project, and then purchase/subscribe to the tool?

Please accept my perfectly perpendicular bow. I have asked you so much, and yet you have had the patience to bear with me through it all.
Thank you so much!
I just started following you. Could I connect with you over any platform of your choice?

[Edited at 2020-10-22 06:06 GMT]


 
Sheila Wilson
Sheila Wilson  Identity Verified
Spain
Local time: 10:47
Member (2007)
English
+ ...
Some more responses Oct 23, 2020

Agnishwar Choudhury wrote:
1. Has any LSP ever denied you payment on strange terms? If yes, then on what ground? Though I guess a reputed LSP would not do shady stuff like that.

Several clients have tried. Once, many years ago, I had to take a language school to court in France because they stood by the contract I'd stupidly signed. It said that I would only be paid at the end of the course I was giving, but the student pulled out. They tried to force me to work evenings far from home to put in the missing hours. The judge ruled their contract abusive and awarded me costs . And recently, in an editing job, a UK-based client refused to pay because I'd failed to notice that one letter was missing from one word. That's one error missed in 45,000 words! They failed to notify me of the problem until I sent the second reminder, by which time I wasn't feeling at all charitable. They ignored the final demand but finally paid when faced with a European Payment Order .

2. You said in your first reply, "After that, it's on to a lawyer's letter, the courts, debt recovery company, etc.", regarding your actions when a LSP denies you payment. But, is it that easy to pull those things off when the LSP is situated abroad? Which court will have the jurisdiction for a case like that? And if it is the foreign court that has the jurisdiction, would not your native lawyer not suffice as your legal representative to move that court, and maybe you have to hire a lawyer overseas? Moreover, a debt recovery company? That sounds so cool. Like I cant help but ask you about the particulars.

People could hire those recovery companies on a personal level? I had no idea!

I'm no lawyer so I really can't answer that question in depth. Most countries have a Small Claims Court procedure that can sometimes be used by small businesses outside the country. But at other times it's more difficult. I've never gone the debt recovery route but it's certainly possible for people like you and me. The problem is that they need to earn a living too so you end up receiving only around 70% of the debt. Suing a client can be expensive but the court will usually award costs to the winning party. And payment for labour is just about the simplest case to win. Just make sure you have a written audit trail, i.e. they asked you to do the job; you delivered the work; they didn't complain about the quality. Courts anywhere will uphold your right to be paid for your labour.

3. Finally, so like I am thinking of purchasing/subscribing to a CAT tool, and there are like of course a multitude of options. I have had experience with Trados 2017, so I will probably get Trados only. My question is, is it smarter to get the annual subscriptions for these tools, or is it better to do a purchase (honestly though, I only know about the payment model for Trados)? What things facilitate your decision regarding paying for CAT tools? And what do you do when a project requires you to have one particular kind of CAT tool that you do not possess? Do you ask the client to first absolutely confirm that you are on board the project, and then purchase/subscribe to the tool?

I'm not the one to advise on that. I don't work with clients who impose CAT tool use, even though I do use one for my own benefit.


 
Agnishwar Choudhury
Agnishwar Choudhury  Identity Verified
India
Local time: 16:17
Japanese to English
+ ...
TOPIC STARTER
Thanks! Oct 30, 2020

Several clients have tried. Once, many years ago, I had to take a language school to court in France because they stood by the contract I'd stupidly signed. It said that I would only be paid at the end of the course I was giving, but the student pulled out. They tried to force me to work evenings far from home to put in the missing hours. The judge ruled their contract abusive and awarded me costs . And recently, in an editing job, a UK-based client refused to pay because I'd failed to notice that one letter was missing from one word. That's one error missed in 45,000 words! They failed to notify me of the problem until I sent the second reminder, by which time I wasn't feeling at all charitable. They ignored the final demand but finally paid when faced with a European Payment Order .


Wow, that is just terrible. Nice that you eventually received your payment.
As for the European Payment Order, I guess that is one really good convenient method for realizing debts. I guess, though, even if the LSP was in a EU member state, since I am not, I will not have access to it. I will look into other possible methods.

I'm no lawyer so I really can't answer that question in depth. Most countries have a Small Claims Court procedure that can sometimes be used by small businesses outside the country. But at other times it's more difficult. I've never gone the debt recovery route but it's certainly possible for people like you and me. The problem is that they need to earn a living too so you end up receiving only around 70% of the debt. Suing a client can be expensive but the court will usually award costs to the winning party. And payment for labour is just about the simplest case to win. Just make sure you have a written audit trail, i.e. they asked you to do the job; you delivered the work; they didn't complain about the quality. Courts anywhere will uphold your right to be paid for your labour.


When the matter needs to be taken to the court, I would guess that you talk to a lawyer? So, is it a a lawyer from your country or the country where the LSP is situated? In your experience, did you move the court of the LSP's country, or yours?

I'm not the one to advise on that. I don't work with clients who impose CAT tool use, even though I do use one for my own benefit.


I understand, but can I ask what it is that you do? I just need an idea. Do you purchase the tool or subscribe to it?

Much thanks!
Take care.


 
Sheila Wilson
Sheila Wilson  Identity Verified
Spain
Local time: 10:47
Member (2007)
English
+ ...
Clarifications Oct 30, 2020

Agnishwar Choudhury wrote:
When the matter needs to be taken to the court, I would guess that you talk to a lawyer? So, is it a a lawyer from your country or the country where the LSP is situated? In your experience, did you move the court of the LSP's country, or yours?

My experience has been that you apply to the court closest to the client. I really don't know if that's always the case. I've been able to do online submissions, without the aid of a lawyer. I've had to pay for two visits by a bailiff, the second time accompanied by a police officer, but both fees were repaid by the court from the sum collected by my (ex-)client.

Do you purchase the tool or subscribe to it?

In my case, Wordfast issues licences. I think they run for three years. All program updates during the licence period are available without extra charge.


 
Agnishwar Choudhury
Agnishwar Choudhury  Identity Verified
India
Local time: 16:17
Japanese to English
+ ...
TOPIC STARTER
Thank you so much!!! Nov 2, 2020

Sheila Wilson wrote:

Agnishwar Choudhury wrote:
When the matter needs to be taken to the court, I would guess that you talk to a lawyer? So, is it a a lawyer from your country or the country where the LSP is situated? In your experience, did you move the court of the LSP's country, or yours?

My experience has been that you apply to the court closest to the client. I really don't know if that's always the case. I've been able to do online submissions, without the aid of a lawyer. I've had to pay for two visits by a bailiff, the second time accompanied by a police officer, but both fees were repaid by the court from the sum collected by my (ex-)client.

Do you purchase the tool or subscribe to it?

In my case, Wordfast issues licences. I think they run for three years. All program updates during the licence period are available without extra charge.


Thank you so much for your time and patience.
It has been very educational.
Much appreciated and once more, thank you.
Take care.

Kind regards.


 


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