Posted by LKT/CA on 7/31/09 11:51am
Msg #298252

How To Act Like A Business

Sue_pa's 7 star post 297993 is the prime example of how to behave when you are stiffed by a company. Instead of acting like a highschooler sending long videos or bombarding the deadbeat with 1,500 faxes, emails and phone calls, and complaining that six months have passed and you still haven't been paid, just take care of business LIKE a business.

Not sure how filing a lawsuit for an out-of-state company would work but certainly for your own state, you have the tools to collect. All escrow and title companies have regulatory agencies in their state so at the very least for an out-of-state SS, you can send them a certified letter stating you will be contacting the escrow/title company and its regulatory agency, the lender, broker, and whomever else you decide to include. I suggest that in the letter to the SS, include the names and addresses of all others who will get a copy of your letter so they know you mean business. ACT LIKE A BUSINESS !!

Reply by mwm143 on 7/31/09 12:27pm
Msg #298255

If I have to send more than one request via email for an overdue fee I cc: an attorney on the email. It's very effective.

Reply by Tess on 7/31/09 12:52pm
Msg #298257

I am curious, does anyone send out monthly statements? n/m

Reply by MORITZ - PETER on 7/31/09 12:58pm
Msg #298259

Re: I am curious, does anyone send out monthly statements?

Yes, every 30 days.

Reply by ME/NJ on 7/31/09 1:03pm
Msg #298260

Re: I am curious, does anyone send out monthly statements?

Yes when term of service has been reached (ie 7,10 21, 30 credit limits) the statement goes out and is documented. Next statement will include late fee, last statement will also go out by certified mail.. (you don't want that one) 99% pay within 3 days if they get that statement.

Reply by Glenn Strickler on 7/31/09 1:24pm
Msg #298267

I call them "Delinquent Account" notices.

That's the only time I send anything out.

Reply by Tess on 7/31/09 1:37pm
Msg #298270

Re: I call them "Delinquent Account" notices.

I used to, every month, but fell out of the habit. But I have been sending them when they are delinquent, like you do. I had much less collection problems when I sent them out monthly, I believe, so I will most likely start again.

Reply by John_NorCal on 7/31/09 1:07pm
Msg #298262

Most definitely! As Lisa states above, you need to treat....

your business like a business. We've all seen the posts screaming out about non payment; fine, alert others, link to signing central but above all be businesslike and explore your legal options. Professional dunning letters, collection agencies and attornies are all options that you can use.

Reply by njcloseit on 7/31/09 1:54pm
Msg #298278

Excellent post!

To the point~ no snobbery~self promotion or stupid advise

Opposite of the "baffled 15-20 CONSTANT posters"

Reply by Les_CO on 7/31/09 10:31pm
Msg #298327

Right…. “Sue the B*sta*d*!”
I’ll just go hire an attorney that will hire a correspondent attorney in the other state, that will file the lawsuit, then hire the sheriff, or process server to serve the defendant (at their web site, because they have no real address) file all the paperwork, pay all the costs, fly out with my attorney (billing every ¼ hour) go to court with ‘both’ my attorneys (say we get around the defendant never being personally served) The SS defendant doesn’t show (cause he’s now in another State) and we win the case and we get a totally uncollectable judgment against someone, or something that is completely judgment proof (no attachable assets) This all just cost me say $10-15 thousand bucks, and three months time….to recover a $100 fee….
Or I can act like a real business, send them a demand letter, certified, keep a copy and write it off as a bad debt.
Or if in-state go (without a lawyer) to small claims court (which I recommend)…But sue????
Get real!
JMO

Reply by LKT/CA on 7/31/09 11:18pm
Msg #298329

Les, who said to sue an out-of-state company? I certainly did not. Your rambling post makes absolutely no sense, except to you, I suppose.

Reply by sue_pa on 8/1/09 8:57am
Msg #298341

I'm with LKT ... what in the world are you babbling about?

My post was about a PA closer stiffed by a PA company. Sending a copy of the complaint prior to filing will work almost every time .. when the issue is solely nonpayment ... when there is a question about your work, that's a different story. Here, no certified letter is needed ... no notice is needed to sue. Send them a complaint spelling out in a letter when it will be filed (since no notice is needed, don't give them any stinkin' 10 days ... give them 2 or 3). If they don't pay within the few days, file the complaint ... you've already typed it up. Here, every area has a magistrate and they're relatively close to everyone ... take it in and file it. Spend the extra $100 or so (that's all it costs here) and that's it. Either they give notice that they're showing up (we don't even have to waste our time on the possibility that they show up at the hearing ... they must give written notice or they can't be heard) and they show up and defend or they lose. Then, send the sheriff to garnish their bank account (remember, we're in business and we should know lots of people and lots of "stuff" about our business as a whole ... not just the paperwork in front of our face) or take their furniture. But you see, NONE of this is necessary after step one because the settlement agent and/or the broker will be insisting the signing service pay you because they surely aren't being listed as a defendant in a law suit. Unless you are the final invoice that is putting the signing service into bankruptcy, if you are in PA and the company is in PA, you will be paid ... 99.99% guaranteed ... especially if the settlement agent and the broker are in PA also.

By the way, your last statement really makes no sense ... the purpose of small claims court is to sue ... that's what you're doing there.

Reply by sue_pa on 8/1/09 9:00am
Msg #298342

forgot

I dont have many collection issues so I've only had to do this a handful of times and it worked every time.

I only ever filed suit once and I did that with no notice because they pi$$ed me off so much by his total unwillingness to pay me ... we all know ... check's in the mail ... must stop payment ... sending me copies of quick book records (rather than nonexistent cancelled checks), etc. Hi Terry ... miss me ?????

Reply by Linda_H/FL on 8/1/09 2:07pm
Msg #298352

Think you're answer's here to

"what in the world are you babbling about?"

His words approximately 40 minutes prior to posting in this thread were "JMO…after 3 Mojitos!"...

Does that clear it up a bit??...<G>