Posted by SLB SIGNING SERVICES, INC. - Sherry on 11/2/05 10:45am
Msg #73659

HEADS UP TO ALL SA's and SS's - non-payment issue - BEWARE

Just wanted to warn everyone out there about ATLAS TITLE AGENCY out of Ohio. THEY DO NOT PAY THEIR BILLS. I am currently in a legal battle with them regarding $5000 in unpaid debt. What really urkes me is that I have had to spend nearly $3000 in lawyers fees in order to collect $5000 that is rightfully mine. I just wanted to give you all a heads up so that you are aware of this NON-PAYING company! I think that they may also have an office in Tampa, FL. so BEWARE!!!

Reply by SLP_VA on 11/2/05 10:50am
Msg #73660

Thanks Sherry! I've put the on my No No List!

Reply by eXpedN_TX on 11/2/05 10:54am
Msg #73662

Thanks Sherry! Good luck with your battle.

Reply by SLB SIGNING SERVICES, INC. - Sherry on 11/2/05 10:56am
Msg #73666

Thanks!...after 1 court date (he was a no show), 1 mediation (he was a no show again but we reached him on the phone)....Now he is offering $5500 paid over a 2 year period...UGH LOL..Why should I have to wait for money that is rightfully mine? And all of this transpired because I refused to have a closer backdate docs.

Reply by CarolynCO on 11/2/05 11:52am
Msg #73681

Thanks for the heads up Sherry. Besides the money issue, can't something be done re the backdating issue?

Reply by Anne/IL on 11/2/05 10:55am
Msg #73664

Thanks for the heads-up! Good luck getting what they owe you....

Reply by SSEmobile on 11/2/05 11:27am
Msg #73674

Re: HEADS UP TO ALL SA's and SS's - non-payment issue - BEWA

Anne, I may not be aware of all the issues in this problem, or all the legal issues in your state, but why can you not sue for the contracted fees not tendered AND any legal costs encountered to get a judgement?

If your service agreements are in order I can't see why you can't get paid without the legal expense coming out of your pocket.

Unless, of course, because they only want to pay over the next TWO years!!!!!!!! Sheesh ....... SOME people!!!!!

Just a thought ..... you may not be abke to do this in your state. Check before leaping .......,

Reply by srnotary_CA on 11/2/05 11:48am
Msg #73680

Re: HEADS UP TO ALL SA's and SS's - non-payment issue - BEWA

Thanks for letting us all know. Good Luck!!!

Reply by RhondaFL on 11/2/05 12:12pm
Msg #73687

Re: HEADS UP TO ALL SA's and SS's - non-payment issue - BEWA

Since he did not show up for his court appearance isn't he already contempt of court, still another issue, they need to throw the book at this company, and then they have the nerve to give you a counter offer as such, knowing you have paid fees out already, no way. Hopefully justice will be done here. Good Luck, my prayers are with you.

Reply by Brenda/CA on 11/2/05 12:23pm
Msg #73690

Re: HEADS UP TO ALL SA's and SS's - non-payment issue - BEWA

He should be ordered to pay all that he owes you, plus all court fees you have incurred trying to collect from him.

Reply by SLB SIGNING SERVICES, INC. - Sherry on 11/2/05 12:30pm
Msg #73692

Re: HEADS UP TO ALL SA's and SS's - non-payment issue - BEWA

I thought so to but apparently in mediation, he hinted to the mediator that he is in financial trouble. The mediator basically told me that I need to take what I can get now...becuase if he were to file Chapter 11, I would get absolutley nothing.

Regarding the failure to appear..I won by default BUT what really had happened was that this guys lawyer had asked for an extension (now mind you this has been going on for a year and a half already) and she never asked my lawyer directly for this extension (which is apparently proper legal ettiquette(sp?)). I won but his lawyer appealed and that is when we were sent to mediation.

If anyone know how to file a formal compaint regarding the backdating (in the State of FL), I would greatly appreciate you letting me know. I am not going to take further action until AFTER I receive payment.

Reply by RhondaFL on 11/2/05 12:40pm
Msg #73696

Re: HEADS UP TO ALL SA's and SS's - non-payment issue - BEWA

take your complaint straight to governor bush's office in tallahassee and don't give up until you get results.

Reply by Tennessee on 11/2/05 12:42pm
Msg #73697

I AM NOT AN ATTORNEY AND THIS ISN'T LEGAL ADVICE

I once had a similar situation (not within this industry) and found that the Courts lean towards the mediation. They don't "insist" on it but it's to your benefit to co-operate. I also wondered how I would be protected with our business arrangement IF this character decided to file Chapter 11 at a later date and I was able to research this dead beat and found that he owned property which I leaned QUICKLY. Yep yep, he filed and I was out BUT I did have the lean in place. He was quite surprised and unable to refi or sell until he cleaned it up. Sometimes ya gotta think like a crook......again I'm not an attorney but this method worked for me. Sheesh, I hope I'm not in trouble now....

Reply by CarolynCO on 11/2/05 12:54pm
Msg #73700

Re: HEADS UP TO ALL SA's and SS's - non-payment issue - BEWA

Sherry,
Actually the Motion for Extension of Time is filed with the Court. The reasons for needing/requesting the extension are spelled out in the Motion. Upon review, the Court issues an Order and either grants or denies the Motion. Yes, it would be *nice* to ask opposing counsel if they had objections to the extension before filing the Motion, but it's not mandatory. Opposing counsel should have sent a copy of the Motion to your attorney when it was filed with the Court giving your attorney time to file a Response as to why the extension should or shouldn't be granted.

The flip side is, had opposing counsel discussed the extension with your attorney beforehand, and your attorney had no objections, one Motion could have been signed by both sides saying there was no objection to the extension and filed with the Court. It's still the Judge who grants or denies in the Order.

Unfortunately, for you -- since it's been appealed and sent to mediation, it could drag on and be kept in the system with more appeals for far too long.

Reply by Becca_FL on 11/2/05 2:49pm
Msg #73746

Re: HEADS UP TO ALL SA's and SS's - non-payment issue - BEWA

Sherry - You can report them to the SOS and the Insurance commisioner. If I were you, I'd also find out who their underwriter(s) are and contact the underwriters in-house counsel. I've had to do this on two occasions with the same Title company. You'd be amazed at the results you can get by alerting the underwriter of illegal requests.

Reply by BeckyMI on 11/2/05 1:07pm
Msg #73704

Thank you for sharing this information with us. We certainly appreciate it! Just a side note for you....A long time ago, I worked as a collection agent for a credit union. Tennessee has the right idea. There may be other property in his name or the company's name. Start searching and if you find something that isn't incumbered,.......If at all possible, and when the time comes, it doesn't hurt to ask for the additional monies that have been spent trying to collect. The courts can always say no. Mind you, I'm not an attorney and can't give legal advice, but you may wish to run this by yours. In addition, maybe a private detective may be able to find things that may be "hidden". It's just a thought. =:0)

Reply by lulu on 11/2/05 2:14pm
Msg #73722

I can't quite understand how you would let a company get that deep with you before you start saying no to aptmts until they pay. Seems to me you are also responsible for watching your A/R and making collection calls long before $5000.

Reply by SLB SIGNING SERVICES, INC. - Sherry on 11/2/05 2:34pm
Msg #73734

The TC cut 2 checks totalling $3000.00 BUT decided to put stop payments on them when my closer refused to back date docs....All of this business was done in about a 2 month period...