Posted by Nicole_NCali on 1/3/05 1:29pm
Msg #15305
Ideas for Invoices with mini contract on them
Does anyone have an idea of how or what wording would be appropriate to put on invoices to these signing services/title companies that would protect our interest? I am thinking that from a previous post, since signing services do not sign contracts, wouldnt' the acceptance of the invoice be acceptable evidence to the terms of the service requested and provided. Example: payment of this invoice is due whether the loan is funded or not. Any cancellations on the part of signer are the express responsibility of the contractors or something legalese like that..
Does this sound doable and has this already been done? Give me an idea..or just tell me to take a hike with this one - , I can take it. I was just reading the back of one of my bills and there was a lot of legal jargon about if we don't receive the product or payment, we are going to sue your little butt off.
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Reply by Art_MD on 1/3/05 1:44pm
Msg #15306
It sounds good, but by the time you send the invoice, you've done the work. You did so on a verbal/written assignment with understood written or implied T&C. You can't unilaterally execute a contract for work via an invoice.
Art
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Reply by Nicole_NCali on 1/3/05 2:11pm
Msg #15310
shooot.. I am just thinking of a way to protect my interests. I don't like finding out that these companies are scumbags after the fact.
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Reply by CaliNotary on 1/3/05 2:17pm
Msg #15313
Once you've done the work your interests are already protected legally. If they're going to stiff you they'll stiff you regardless of any "contract" you've sent them. Just make sure you have a written confirmation of the signing that shows the agreed upon fee.
I don't know why people act like this is such a problem that is running rampant in this industry. Some companies can be slow to pay and need some prodding, but how many of our signings do we get outright stiffed on? In well over 600 signings I've had it happen twice, and one of those is currently in the title companies hands so I still may get paid for it.
The vast majority of companies are ethical and pay with no problem, at least in my experiences.
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Reply by Art_MD on 1/3/05 2:43pm
Msg #15315
I agree that it is not a big problem. In the last year I've been stiffed only 2x - beacon rock, document service. These's I've written off. Think of most companies and how much they have to write off - theft, damaged goods, etc. If I can maintain ~1/2 of 1% write-off, I think thats doing pretty good.
Art
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Reply by Nicole_NCali on 1/3/05 2:51pm
Msg #15317
I haven't been stiffed yet....knock on wood, but with all of the posts on here or gmn, I feel like my time will be coming and I will have to get downright litigious..
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Reply by CaliNotary on 1/3/05 2:57pm
Msg #15320
Just keep in mind the costs of doing business. Does it suck to get stiffed? Yes. Is it natural to want revenge against a company that stiffs you? Probably. Is it worth the cost in time and frustration to litigate for $50-$150? I'd say no.
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Reply by Nicole_NCali on 1/3/05 3:10pm
Msg #15322
Well actually to litigate for small claims is $22 to serve (just happen to have a friend who owns own process service company and is a paralegal) $45 for in Ca state companies. Once judgement is in place, well we can go from there. I am being facetious, but I understand where you are coming from.
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