Ugh.
I had someone not pay me $9k, and have filed a lawsuit. We're closing in on 4 years now (aug 2008) and still no court date. Courts take time.
I wrestled with 'name and shame', and in some respect, wish I had named. I found out that this company/person had done this to others, and one of the guys 'named' him publicly on a blog. He got a threatening call, telling him to take it down and he'd get paid. Of course, he took it down and didn't get paid - that was I hear this a lot - "don't go public with these sorts of things, you'll get a bad reputation, blah blah blah". I'm really torn. I get it, but... if more people started doing this - going public when BS like this is perpetrated - there'd be far less resistance to hiring/contracting with people who have air this sort of stuff.
I've been self-employed for 5 years, have contracted on dozens of projects, and have 2 instances where I got shafted out of money owed. If I was to publicize those, but also have, say 25 other projects under my belt with fine referrals, wouldn't that say more about the 2 shafters vs me? And again, if everyone was doing this, it would seem a lot more normal.
Yeah, if I publicly trashed every company I worked with, my 'trashing score' would be pretty high, and people would want to stay away from me. But really, I'd prefer people know that I publicly praise good clients and trash bad ones, and if they think they're going to be a bad client, to not bother reaching out. I'd rather there be a filter there which keeps crap clients away in the first place.
The thing is, we all have to start doing this at the same time. I do agree that legal proceedings are worthwhile in some cases, in many cases, people are getting shafted out of hundreds or thousands, and it's often not worth the time to 'go legal'. The habitual scumbags know this and take advantage of it, continually rolling through contractors. They know most of them will just leave and won't make a public fuss, because they want to be 'employable' and not be known as a 'troublemaker'. Someone who doesn't pay me for contractual work done is the troublemaker, but somehow that seems to get lost.