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company won't pay!
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company won't pay!
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Posted by SMSNotary on 5/6/13 10:45am
Msg #468889

company won't pay!

I did two signings for Unique Signatures back in October. Every month, without fail, I send them an invoice stating how far behind they are. No response. I have tried calling them, only to find that they don't pick up, or the person I talk to is just the receptionist who will give the manager my name and number and even then I don't get a call back. How does one go about making these companies pay? $200 is no small amount, and I can't afford to let one slip by, otherwise more will, of which I have already experienced. Any advice?

Reply by JPH13/MO on 5/6/13 11:02am
Msg #468891

Hopefully you keep a copy of the docs (preferably on a flash drive or some other secure way) until you get paid. If you kept the docs for these, see who the title company was. Let them know you will be contacting the title company involved if you don't get paid within the next 7 days. Since this could effect the amount of work that title company is willing to send them, it often does the trick.

I only had one signing company dragging their feet on paying me, and they had a nearly 5 star review on this site. After 90 days of excuses, I threatened to contact the title company and within 15 minutes they sent me an email with a PayPal link to the money that was placed in my PayPal account. I hadn't asked to be paid this way, but I did get the money so it worked for me.

Reply by Luckydog on 5/6/13 11:43am
Msg #468899

Sometimes title does not care. You are contracted with the SS. I went that route years ago with a deadbeat SS and title was angry I contacted them and told me they paid the SS and take it up with them and hung up. Good luck. You said you send out "monthly" statements. That is your first mistake. It is an email everyday or other day after 5 days late (technically 35 days past signing), then start with phone calls. you really have to be a pain in their arse.

Reply by CopperheadVA on 5/6/13 12:20pm
Msg #468910

In those cases, I will research online with the state regulatory board who is listed as the appointed agent for the TC, and I will write a letter of complaint. If that person is also an attorney, that's even better because then I will write a letter of complaint to the state bar. I do not stop pushing buttons until I collect what is owed to me - I have collected on every single invoice since I began in 2005. I am now extremely choosy what companies I will accept work from.

Reply by GOLDGIRL/CA on 5/6/13 12:55pm
Msg #468913

"Sometimes title does not care"

So true, but they'll care if you threaten to include them in your small claims suit as a contractor hiring a deadbeat SS.

In any case, this has gone on waaay too long. Too bad Unique was not on SC radar when yu took these jobs. Several notaries have posted they have foolproof demand letters and will send you a copy if you ask. Do a search. Claudine Osborne just posted she has a good one. See message 467590.

Here's what I'd do (and have done): Send a final demand letter saying you will file small claims collection action if not paid by such and such a date. Add that when you do file, all other involved parties will necessarily be notified of the pending legal action, including the borrowers, the lender, the TC, the escrow company, HUD, SOS, CA state agencies overseeing lending (such as the Dept of Real Estate, and especially the Dept. of Insurance) and the FBI Internet Fraud Criminal Complaint Division and anyone else affiliated with this transaction.

Don't just "list" them like I did here. Bullet them and include names and addresses for each party. Show you've done your research and you're finally ready to stop fooling around. Send a copy by registered mail to make sure they got it; also fax and e-mail a copy.

(All this of course, assumes you kept the e-docs, which will contain all this info.)


Anyway, Unique is hardly unique when it comes to not paying!!




Reply by Luckydog on 5/7/13 7:00am
Msg #469002

Re: "Sometimes title does not care"

That's good GoldenGirl, but to file small claims, you must file in the same county as the person you are judging, and costs $$ per each $100.00 owed. If your SS is from out of state, you must file in their state and county closest to the SS and pay to get and then file your papers (case) in triplicate, then fly or drive wherever up to go to court. No one will do that for a few hundred $$, and they know it. I had to sue someone in south Florida when I live in Central Florida. It ran me over $250.00 to file for a $5k claim, sent them to Broward county certified mail, and then have to drive down there for the court date. Luckily People's Court grabbed my case, and flew me to NY, and I won, but got lucky there. It is time consuming, expensive and a hassle.
You really just have to be smarter the next time and blast them on here. Collections will not even touch them unless worth their while.

Reply by Linda_H/FL on 5/7/13 8:35am
Msg #469009

Luckydog, I disagree..

You should look over our small claims procedures - you do not have to file where the company is located unless, of course, you've signed one of those contracts that grants jurisdiction to their location.

FL Stat 47.011 Where actions may be begun.—Actions shall be brought only in the county where the defendant resides, *where the cause of action accrued*, or where the property in litigation is located. This section shall not apply to actions against nonresidents

FL Stat 47.051 Actions against corporations.—Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, *where the cause of action accrued*, or where the property in litigation is located. Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, *where the cause of action accrued*, or where the property in litigation is located.

*Where the cause of action accrued*, IMO, is our location as it is our business that incurred the loss. Also, costs of collection are recoverable in small claims court (kudos to you for Peoples Court!).

Now, collecting on the judgment is a whole different animal. But food for thought - it's my belief you don't have to go to them - you can file in your own county.

JMO

Reply by SharonMN on 5/6/13 3:39pm
Msg #468944

Luckydog, I disagree. I normally contact a company that hasn't paid once after about 45-60 days. Rarely, I need to make a second or third request a week or so later. I think acting businesslike will get you further than being a "pain in their arse." I find it helpful to ask politely ask when I can expect to receive payment for the [name] signing (as opposed to sending a monthly statement). In 6 or 7 years of doing this, I have gotten stiffed only once, over a small print fee that I ultimately decided wasn't worth pursuing further. If a company requires daily invoicing for a period of time before paying, you may use up more of your valuable time than the balance due is worth.



Reply by MW/VA on 5/6/13 3:29pm
Msg #468941

I've never been an advocate of a copy of the docs until you

get paid. Apparently, it's a common practice, but I see it as a breach of confidentiality. It's our job to get the docs signed & shipped--that's all. They're not our possession.

Reply by GOLDGIRL/CA on 5/6/13 11:09pm
Msg #468992

Breach of confidentiality?

We're not talking the Holy Grail here. This is a loan signing. A business transaction. Yes, we have a obligation to sign and ship. And our hiring agency has an obligation to pay us ... an obligation all too often overlooked. So we occasionally need all the evidence of a job to get paid. Especially if you end up in small claims court. Loan docs are not our possession but they are *in* our possession until the entire process is complete. I doubt other subcontractors throw away vital information before they get paid. Are lawyers in attorney-only states deleting every trace of loan docs the second docs are dropped? (The thought makes me chuckle.) Additionally, alot of the loan docs are public information after recording and are easily accessible, varying from county to county. No big secret. Breach of confidentiality is one thing; treating a loan signing as sacred is going overboard, IMO.

Maintaining e-docs and all related documents and notes until the entire cycle of loan signing (including recording and payment for services) is complete is common sense and normal business practice. Not to mention, what if TC called back after docs were shipped, saying a bunch of stuff was missed and it's the notary's fault. If the file is deleted, you would have no idea what they were talking about, you couldn't check your work, you'd just have to take their word for it ... and we know how that often goes. What if you were a labor contractor and completed a job and then the hiring party called you back and said you didn't complete the specs; but because you thought you were through, you'd thrown out all the paperwork? Nobody IC does that.



Reply by CopperheadVA on 5/6/13 11:03am
Msg #468892

Have you contacted the title company to discuss with them? n/m

Reply by snowflake/PA on 5/6/13 11:07am
Msg #468894

Remember to check SC for comments, too. If it's a company

with poor ratings, don't be afraid to turn it back and you may also wish to let them know why. Hopefully, you won't get stung next time. Good luck and I hope title helps you on these.

Reply by Luckydog on 5/6/13 11:48am
Msg #468901

Re: Remember to check SC for comments, too. If it's a company

Agree with Snowflake, have no shame in turning back a closing because of their ratings. I just did that. I accepted, went home, checked them out their 3 stars, but the past 4 months, no one getting paid. I called them back, told them why...the manager called me and acted stupid and where I got my information form, and I told her. She sort of thanked me, and never heard from them again. After a few "unwanted" tax write offs from not getting paid, and the gray hair from aggravation trying to chase down your $100.00, you learn to tell them, and it is very liberating.

Reply by 101livescan on 5/6/13 11:35am
Msg #468898

Only in business for five months and less than a 1-star rating. I hope people start using SC one of these days to check out these new start-up companies with no track record for reliability and stability.

Reply by Lee/AR on 5/6/13 11:48am
Msg #468900

I don't even see 'em! n/m

Reply by 101livescan on 5/6/13 11:52am
Msg #468903

Re: I don't even see 'em!

Under U, unique signatures in Missouri City, TX. There are a number of notaries listed in that town. Maybe someone could go pay her a "wellness" or a wake up call.

Reply by Lee/AR on 5/6/13 12:04pm
Msg #468908

Not there. It's that coding thing again. n/m

Reply by Moneyman/TX on 5/6/13 12:01pm
Msg #468907

Linked now. n/m

Reply by Barb25 on 5/6/13 12:42pm
Msg #468912

I hope you get your money. I don't know if it will help

but if you cannot get it or even if you do. You can write a review about this deadbeat here. A place to start at least. Does the Attorney General in Texas care about this stuff.

http://www.yellowpages.com/missouri-city-tx/mip/unique-signatures-nationwide-notary-service-469755095



Reply by C7961 on 5/6/13 7:21pm
Msg #468971

Turn them into olddebts.com collection agency. The fee is low and I have had great success with old debts.

Reply by Claudine Osborne on 5/6/13 8:59pm
Msg #468978

I had a client who used to work for collections for corporations..She said they bombard them with emails and faxes until they get paid. I send a demand letter..this demand letter outlines what you will do if they dont pay up by a specific date..Worked for me..


 
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