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LindaH
Florida
1754 Posts |
 Posted - 11/27/2007 : 01:17:29 AM
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OhioNotary - maybe this will help - I posted this yesterday...
http://www.pittsburghlive.com/x/pittsburghtrib/business/s_539469.html
EFS apparently did file bankruptcy...case no. is 07-27374, USBC, Western District of Pennsylvania...Filed 11/21/07; Chapter 11; assets; L/D to file POCs is 4/22/08. The § 341 meeting of creditors is 1/23/08 at 11:00 AM. (Not necessary to attend in order to file a claim or otherwise protect one's interests.) (Posted by Barbara on NotaryRotary and reposted here under another thread)...
Judging by the numbers published in the article I think any Signing Agent owed money is small fish in the sea and you probably won't see much but a Proof of Claim will at least get you on record.
Good Luck to you..
Linda
www.notarydepot.com/notary/lindah
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ohionotary
Ohio
33 Posts |
Posted - 11/26/2007 : 9:54:03 PM
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How did I get in so far over my head? Thanks for making me feel so stupid.
There isn't as much business in my area as there is in a large city. I'm in a rural area so when I get a call, I try to take it unless I've already been burned by whoever called me. But one of the companies that owes me quite a bit is EFS. Who would have thought they'd go under? Actually, they called me within a month of their closing to do some signings. I think they knew at that point that I wouldn't get paid. I consider that fraud.
As for the bankruptcy, my husband hasn't worked for almost 2 years and Workers Comp only pays him a pittance. I know I don't sound "business savvy", but I'm trying to do the best I can.
I've sent Demand letter and they were ignored. I've filed with collection agencies and never got a dime. I've tried filing
complaints with they BBB just to have them rejected. The only time I've had a complaint accepted with the BBB was when I filed a complaint against XYZ. The BBB is just a waste of time IMHO.
Also, I didn't say that I called the FBI. I said that I read on another forum about a notary who did. I simply agreed with him and hoped it worked out. And I still agree with him. |
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Renee
Michigan
549 Posts |
Posted - 11/26/2007 : 7:05:11 PM
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To Ohio Notary: What happens when YOU don't pay a bill - it goes into collections, and it hits your credit report, and THAT brings it's own consequences.
File the account for collections with Dunn & Bradstreet (the largest of business credit reporting bureaus) where it will be noted on THEIR credit report, and where it will bring about those same consequences.
It really doesn't have to be so convoluted as trying to get the FBI involved. |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 11/26/2007 : 04:50:19 AM
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I have to agree with Linda. We should only consider the FBI for more serious matters. It really is not their job to go after deadbeats unless you consider child support. I heard notaries tell me they were laughed at and even hung up on by the FBI. You won't get clout by calling them. We have the court system, the Better Business Bureau, and the Office of Consumer Affairs to name a few in place when it comes to collections or complaints.
How could you have gotten in over your head ($1,000+)? Did you ever check out those companies with the Better Business Bureau? How many companies owe you? Is it just one or a few? It is a shame that you are close to bankruptcy over your non-paid fees. Send them collection letters and keep after them. Don't give in for a second. Be relentless. If you do that you will have a leg to stand on in court if you pursued your debtors there.
Being lucky is not part of the signing process. Being business savy is. Know who you are dealing with. Check them out. It usually only takes a phone call or two or a trip to the internet. Even if you accepted a signing without knowing who you are dealing with, you still can check them out and change your mind. Just don't wait too long to do so.
These are only my opinions and are not meant to be rude or disrepectful.
Legal Eagle Para Professional Services |
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LindaH
Florida
1754 Posts |
Posted - 11/26/2007 : 02:28:25 AM
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I'm a Signing Agent - and yes I consider myself very lucky - I've only had a couple companies go over the 30-45 day mark in payment - I think twice about working for them again. You said "And no, I wouldn't work for them if I knew in advance that they were deadbeats. They don't bother to tell me that when they call" - of course they don't - research them either during the call or immediately after and make an informed choice as to whether you want to risk it or not - if not, decline the signing or call them back and turn it back in to them - avoid doing work for a company that historically doesn't pay.
I stand by my statement that contacting the FBI is a bit radical. You have a Small Claims Court for these matters, and if your receivables for one company exceed your Small Claims limit, then you have civil court for collections matters. I feel you stand a better chance of prevailing there AND your court costs can be included in the amount awarded.
I'm not quick to shoot down a viable option, as you stated, but it is my opinion (note, it's only my opinion) that the FBI is NOT a viable option. Again, you'd need to prove intent (the intent that they were never going to pay you anyway), and that's a very heavy burden. The more logical solution is (a) beware who you work for; and (b) contract with a collection agency and let them chase your money - there's a cost involved but at least maybe you can recoup some of your losses and avoid bankruptcy.
Good Luck!!
Linda
www.notarydepot.com/notary/lindah
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Edited by - LindaH on 11/26/2007 02:31:02 AM |
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ohionotary
Ohio
33 Posts |
Posted - 11/26/2007 : 02:05:22 AM
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quote:
Originally posted by LindaH
"Here's another thought. I was also going to call my county courthouse. I wanted see if my notarizations that weren’t paid for would still be considered "legally binding". I don’t know if that would be a good idea or not. By law we are required to charge a certain fee so if we're unable to collect it, would that nullify them in any way?"
IMO, affixing your stamp/seal makes it legally binding. The validity of your notarization is not contingent upon your being paid - if that's the way you wanted it you never should have "signed and sealed" the notarial cert. Further, you state "By law we are required to charge a certain fee..." - no, by law you're ALLOWED to charge an amount not to exceed $xx for each notarization/signature (state-specific). You're not REQUIRED to charge anything - you can do it for free!! - it's your choice, but you can't exceed the fee limits set by your state.
And this is REALLY just my personal feelings but I think contacting the FBI about a collection matter is pretty radical - I can understand the premise of internet fraud but you'd have to prove that they never had any intention of paying you - kind of tough to do, especially if you're holding a confirmation in your hand agreeing to $xxx.xx for the signing.
All JMHO
Linda
I don't think it's radical at all. I think it's about time we got some clout about getting paid. Even if I have a confirmation in my hand, that apparently doesn't meant anything. If I'm not paid within 60 days or less (which is a horrible amount of time to wait), then they had no intention of ever paying me.
You might feel the same as me when you have over a thousand dollars in outstanding money that you probably won't ever collect and you're on the verge of bankruptcy because of it. Apparently you've been quite lucky with your clients or you wouldn't be so quick to shoot down a viable option. By the way, are you a signing agent like me or do you work for a mortgage or title company?
Quite frankly, I'm sick and tired of working for these deadbeat companies that expect me to wait ridiculous amounts of time to get paid, if at all. They get their money after 3 days and so shouldn't we. And no, I wouldn't work for them if I knew in advance that they were deadbeats. They don't bother to tell me that when they call. |
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LindaH
Florida
1754 Posts |
Posted - 11/26/2007 : 01:40:55 AM
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"Here's another thought. I was also going to call my county courthouse. I wanted see if my notarizations that weren’t paid for would still be considered "legally binding". I don’t know if that would be a good idea or not. By law we are required to charge a certain fee so if we're unable to collect it, would that nullify them in any way?"
IMO, affixing your stamp/seal makes it legally binding. The validity of your notarization is not contingent upon your being paid - if that's the way you wanted it you never should have "signed and sealed" the notarial cert. Further, you state "By law we are required to charge a certain fee..." - no, by law you're ALLOWED to charge an amount not to exceed $xx for each notarization/signature (state-specific). You're not REQUIRED to charge anything - you can do it for free!! - it's your choice, but you can't exceed the fee limits set by your state.
And this is REALLY just my personal feelings but I think contacting the FBI about a collection matter is pretty radical - I can understand the premise of internet fraud but you'd have to prove that they never had any intention of paying you - kind of tough to do, especially if you're holding a confirmation in your hand agreeing to $xxx.xx for the signing.
All JMHO
Linda
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Edited by - LindaH on 11/26/2007 01:42:18 AM |
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ohionotary
Ohio
33 Posts |
Posted - 11/25/2007 : 11:24:42 AM
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I read on another forum that a notary signing agent contacted the FBI about a company that hired him to do a signing and didn't pay him. They said it would be considered internet fraud because the company solicited him to do notarizations with no intention of paying for them.
That all I've heard about it so far. I don't know if he was actually able to file the complaint or not, but I like the idea. I think it should be considered fraud. I hope it works for him. It would sure open up a whole new way to make sure we get paid and make these deadbeat companies think twice before cheating us.
Here's another thought. I was also going to call my county courthouse. I wanted see if my notarizations that weren’t paid for would still be considered "legally binding". I don’t know if that would be a good idea or not. By law we are required to charge a certain fee so if we're unable to collect it, would that nullify them in any way?
If you went to the DMV to get your car title notarized and then refused to pay for it, you sure wouldn't get your title processed. It shouldn't be any different for a mortgage.
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Filing a Complaint with the FBI
