Whom should I contact when the merchant don't pay?

Please Help!

[Noximus]

Hi All,
One of the merchants with whom I worked for several months promises me to pay about 6 months, but still they have not paid me. Please tell me whom should I contact or what should I tell the merchant to make them pay me. They owe me several thousand dollars!
Please help!

Noximus

[hannamyluv]

A lawyer!

Get you ducks in order. Pull out your emails and affiliate agreements that pertain to the merchant. Put together your proof that shows how much you made them and how much they owe you and then go see a lawyer about breech of contract.

And tell the merchant you are doing so. That may resolve the issue without having to go much further.

[Noximus]

But there is a big problem. The merchant is in the US and I'm in Europe. What can I do in this case?

[hannamyluv]

What can I do in this case

Still talk to a lawyer. I believe (but am not a lawyer so you need to talk to one) that you should still be able to file against them, maybe even in a US court, but you have to talk to lawyer to find out for sure.

[growingdigital]

There is also an instition called the Better Business Bureau (BBB), which you can complain to. Go to www.bbb.org and look up the local BBB for the company. You may also consider contacting the state attorney generals office. These 2 actions are a lot cheaper than a lawyer.

[guitaristinus]

If there is a forum or other place the affiliate manager frequents, email him saying that if he doesn't pay, you will warn other affiliates in the forum to stay way from his program.

[gomer]

I hate to say this but you may want to cut your losses and move on. At least consider that as an option.

They owe me several thousand dollars!

It sounds like it is in the few thousand as opposed to tens of thousands (I am guessing here). While even a few thousand may seem like a good amount, if it is in the few thousands, keep in mind lawyers charges several hundred dollars an hour. From my experience, you are probably looking at $200+ per hour.

A laywer may be good to get out an initial letter that has a threatening tone which let's them know you are serious. Beyond that, it will be costly to take this further through the legal process. This may be hard to justify if the amount you are fighting for is small comparatively.

I would try having a frank discussion with the merchant. They may be in financial trouble, see if that is the case. If they are in financial trouble, lawyer or not, it may be like trying to get blood from a stone.

One thing I would do for sure - stop sending traffic their way, no matter what is promised. This situation smells like fish. Cutting your traffic to them may also be an incentive for them to pay.

One last thought, be careful on warning other affiliates to stay way from their program. You do not have much to gain in doing this, and you may open yourself up to a lawsuit yourself if you cross certain lines.

[guitaristinus]

A merchant owed me a couple of grand and I did what I suggested. He paid me. Didn't even have to post the bad news on the forum.

People all the time are recommending or not recommending merchants, products, websites, restaurants, whatever. There is no law against it in Europe or the US.

There is no reason Noximus shouldn't say, if its true, "Merchant hasn't paid the $$$ he owes me. Don't do business with him."

[gomer]

guitaristinus, I am glad that worked for you and it may be good advice and work for others.

I am just speaking from a cautious perspective. I have seen a colleague go through a situation (granted, not exactly like the one you describe) in which her innocent actions resulted in legal action against her.

One thing I have learned from her situation is this: whether or not a case against you has merit, pull out your wallet (and get ready to pull out your hair) to defend yourself.

[Noximus]

Thank you all very much for comments and support.