Posted by Moneyman/TX on 1/18/11 3:19pm
Msg #369103

Texas Closing Agents (aka Enrique G Acosta) - BEWARE

I currently have a past due invoice from this company. I also have a signed agreement that if he did not pay as agreed (Net 30) that a late fee ($25) would be added.

He just sent me an email stating that he "does not pay .. late fees"

He has a listing in the agent section, however, he is acting as an SS (apparently one that does not believe in agreements he makes). Apparently he is willing to sign, and say, anything to get the job done.

Reply by rolomia on 1/18/11 6:00pm
Msg #369114

I recommend filing a complaint with the Better Business Bureau. If you want to do that,
his info., as it appears on the State of Texas Secretary of State's website, follows below:

Name: Enrique G. Acosta
Address: 2716 Grimes Ranch Rd. / Austin, TX. 78732
Expires: Jul 12, 2014
County: Travis
Agency: Huckleberry Notary Bonding Inc
Surety Company: Travelers Casualty And Surety Company Of America
History: Commissioned Notary Public
As: Enrique G. Acosta
Effective: 07/12/2010
Expire Date: 07/12/2014

2716 Grimes Ranch Rd. must be a new address, because MSN White Pages reverse address online look-up tool reveals that the addresses jump from 2709 to 2727, at least in their directory. Without further research, it is impossible to know if said address is valid.

If he has reported false info. to the TX. SoS, he has committed fraud and can be arrested, have his commission revoked for life and he can be sued by every person and/or company he has ever notarized a document for.

Your only other 'legal' alternative is small claims court, which can be somewhat costly with no guarantee of a successful verdict in your favor. Technically, it is your word against his. You claim that you have a contract. But, contracts can be forged.

Even notary stamps can be falsified, hijacked, copied & pasted, etc. It is an overwhelmingly difficult process to improve fraudulent intent. Good luck with this.

Reply by rolomia on 1/18/11 6:02pm
Msg #369115

Please pardon my spelling error: It is an overwhelmingly difficult process to prove (not improve) fraudulent intent. Sorry 'bout that!

Reply by Moneyman/TX on 1/19/11 2:43pm
Msg #369243

Thank you for posting the information on this guy. I should have given more contact information in my original post.

Yes, I may end up having to file in small claims on this company. I am going to contact the local DA, and/or PD, to discuss the possibility of filing theft of services charges (Texas Penal Code - Section 31.04. Theft Of Service) against them. http://law.onecle.com/texas/penal/31.04.00.html (note: link provided for information only, not intended as legal advice

I know that this guy signed up for an agent listing late last year and has been contacting notaries lately. By his own admission via emails to me, his word is not worth anything. If my past due invoice is not paid in full by Monday, I plan on contacting the original hiring company to inform them of his business practices. After that should they continue to hire him knowing that he does not pay subcontractors as agreed any future SA's might be able to use the fact that they were warned about his business practices to receive payment directly from that company. Hopefully, they will decide that it is better to deal directly with SA's rather than a SS such as him for future signings.

IMO, this guy and his "company" should be avoided at all costs.

As for the contract he signed, he sent it back to me via his email account and also accepted the terms via other emails as well so I am not concerned with being able to prove that he agreed to the terms.

No issues at all with any spelling errors, we all have them from time to time. Thanks again.