Posted by bklyny on 10/11/06 1:37am
Msg #151642

Is this too strong?

I've read so much about NSA getting burned by SCs that I've placed 'a warning' at the end of my invoices. Is it too strong? I initially added it to my 1st invoice and have since removed it from the intial and have added it to my reminder invoice instead. I'm afraid I might turn off a SC from using me again. I put in the time and the effort and produce good work, I just wanted to make sure I got paid. Appreciate your feedback. Here it is:

Unfortunately some bad apples in our industry are notorious for not paying notary signing agents, therefore we've joined an outside service to minimize our risks.
Member of Full Spectrum Collection Services (sm) – “We take payment as seriously as you take signings.”
After one invoice and one 30 day past due reminder the dunning process begins; we professionally and systematically start demanding payment up the food chain.
Step 1-Transaction Parties- Letters are sent to demand payment from the signing company, then to the title company, then the lender, then the borrower, in this order.
Step 2-Industry Insiders: Post non-payment notices to NotaryBeware.com, web directories, forums and discussion groups, to protect other notaries.
Step 3-Authorities:: Report breach of contract to local Better Business Bureau, State Attorneys General & State Banking Departments (in initiating company’s state & notary signing agents state), Federal Communications Commission (for use of telephone & Internet lines), US Postal Service Attorney General (for using the mail)
Step 4-Legal Remedies: Seek small claims court judgments, then start recording liens.

Reply by Ndwa on 10/11/06 1:44am
Msg #151644

Are you sure you want to go through all that trouble for $50? IMO...Those who preyed on newbies and lowballers are notorious for not paying.

Reply by ReneeK_MI on 10/11/06 4:36am
Msg #151658

Read Andy's reply, repeat as necessary ...

It's understandable that anyone new to the business would come away from reading the boards with the thought that non-payment is a HUGE & UNAVOIDABLE risk. It can be - depends on your clientele.

Hold to the integrity of your professional fees, and you'll hold your clientele to an equal level of integrity, with a long list of ensueing benefits to your business.

Reply by Lee/AR on 10/11/06 1:53am
Msg #151646

Well, there is nothing 'too strong' for the offenders. But, it could really turn off a good company. Further, there really is no 'food chain'. The only entity that owes you money is whoever hired you. You simply cannot 'demand payment' from anyone but whoever hired you.
That does not mean you can't notify the people who hired the entity who hired you (TC or Lender, as the case may be) and let them know that 'XYZ Co. does not pay'. But I sure wouldn't contact the Borrower for any reason...or even threaten to do so.

Reply by Larry/Ca on 10/11/06 1:57am
Msg #151647

did you really put that on your invoice? Yes i think it's way too strong. i would save it for the companies that actually didn't pay you.

Reply by David Kral on 10/11/06 1:57am
Msg #151648

The invoices I receive from another business have this warning about collections.

Any balance not received after X days may be submitted to ABC Collection Services.

Simple and to the point. I do not think you need to all out all the detail. You might add it if you send a late payment notice.

Reply by Dale Simmons on 10/11/06 9:32am
Msg #151702

Here is an excerpt from my Terms and Conditions which is endorsed before acceptance of the job.

• All invoices are net 30. After 30 days, if subject invoice has not been paid a 10% late fee will be assessed against the Contracting Agency for the applicable invoice. Upon day 60 if no payment has been received a 25% late fee will be assessed against the Contracting Agency for the applicable invoice. After 90 days our Collection Agency will be used. All applicable fees for this action will be added to the outstanding invoice and the Contracting Agency will be removed form our approved company participation listing.

Reply by Rebecca/CA on 10/11/06 9:38pm
Msg #151867

This is pretty close to what I put in my Terms and Conditions. At least they know up front and they can either agree or find someone else. After all most of the SS want notaries to agree to their terms so it is only fair.

Reply by Linda_H/FL on 10/11/06 9:49am
Msg #151706

Re: Is this too strong?...IMO yes..way too strong

and toward the end it sounds like you've gone over the edge over non-payment..

In addition, under no circumstance do you have ANY recourse against the borrower....

Reply by bklyny on 10/11/06 1:14pm
Msg #151740

I really appreciate everyones remarks. Again I've removed it from my initial invoice. I like Dale Simmons warning blurb- I'd like to add it to my 30 day past due invoice; can I use it Dale? Thanks again.

Reply by Marlene/USNA on 10/11/06 1:58pm
Msg #151750

Use it only if you mean it, brooklyn. If you have no intention of pursuing owed late fees or using a collection agency, they'll eventually figure you are blustering in other areas as well.

Reply by bklyny on 10/11/06 3:54pm
Msg #151790

In light of the fact that SC have no problem telling us that they'll take dollars off for one thing or the other, I don't have any problem on aggressively following up on as little as $20. For me it's a matter of integrity. If you give your word, keep your word. That's certainly the standard that we're being held to, isn't it?