During the crisis, more and more people are turning to freelancing and independent consulting, but they find themselves taking on the role of bill collector.

For New York business consultant Christopher Santini, trying to collect money from a client has become practically a second job. Last May, the company he was consulting for merged with another, and the new company failed to pay him on time. Santini, who has been freelancing since 2008, says he is owed about $35,000 — nearly 40 percent of his income from last year. “I was running around in circles,” Santini says, panicking. “The secretary kept telling me the person was out. Eventually, they stopped returning my emails and calls.”

Santini estimates he has spent 80 hours on calls and emails. He has discussed the situation with a lawyer but has decided not to sue the company. Instead, he is still trying to convince the client to pay.

The problem is growing in the U.S. as independent contractors become a significant part of the country’s workforce. The financial crisis and associated high unemployment have forced many professionals to join the freelance ranks, a trend that could continue despite signs of economic recovery.

Independent contractors, freelancers and temporary workers, who make up at least 25 percent of the U.S. workforce, predict that half of the jobs lost in 2010 will be filled by Littler Mendelson, a labor law firm with 49 offices nationwide.

Because independent contractors are exempt from most federal labor laws, they don't have the same legal protections for wages as regular employees, a Labor Department official says. If a regular worker isn't paid, the federal or state labor department can fine the company and even sue the company's management. But independent contractors often have to go to court, mostly in small claims court.

Small claims court can often be more trouble than it’s worth, says Sarah Horowitz, executive director of the Freelancers Alliance. Depending on the state, filing a lawsuit can cost about $50, and it can take months before a hearing. Even if a freelancer wins a case, the plaintiff is responsible for collecting money from small claims court. And before the trial, a freelancer can spend a lot of time gathering materials for the case.

In January, artist Charles Leo of Medford, Massachusetts, sued the owner of a coffee shop and kiosk to recover $1,150 owed but unpaid for an architectural design for the coffee shop. Leo says he spent more than 60 hours on the project and 40 hours trying to get paid, gathering evidence, and time in court. The judge ruled in Leo’s favor, ordering the company to pay him, but not his claim for $850 in damages for his time in court. (The maximum in Massachusetts small claims court is $2,000.)

“The amount was insignificant compared to the time I spent getting it,” the artist complains.

How can a freelancer avoid these problems? Before taking on a job, they can look for client reviews on sites like RipoffReport.com and professional forums to make sure the company they’re considering is not late on payments, says Kate Lister, a small business consultant. Make sure the contract includes provisions for payment terms and late fees. When a firm has financial problems, contractors with late fees are often the first to be paid, says Michelle Goodman, author of My So-Called Freelance Life.

Once the payment deadline has passed, immediately try to contact the person responsible for the payment by phone. If they don’t answer, send an invoice for the agreed amount or with a percentage added. Freelancers “don’t want to seem pushy, but that’s silly. You’re not asking them out on a date, this is business,” Goodman insists.

The last resort to get money is small claims court. Before you go there, send a simple letter stating the amount, the number of days overdue, and your intent to sue, with copies to your attorney, your company board member, and any relevant regulators, Lister advises.

Horowitz says the Freelancers Union is working to get New York state lawmakers to pass legislation that would provide greater legal protections for freelancers and impose fines on companies that don't pay.

How a freelancer can get money out of a client