Posted by VA/VA on 6/16/10 10:51am
Msg #341153

trying to collect fees

Received this in reply to an email where I said that I would contact borrower, lender, whom ever to collect fees owed. Is this true or a threat?

Please be advised that calling the borrower, lender, title or escrow company in an attempt to collect a debt incurred through our service is illegal and could result in potential litigation.

Reply by Sylvia_FL on 6/16/10 10:54am
Msg #341156

I would not call the borrower. But it is not illegal to call the title or escrow company to let them know that the signing service they used is not paying you for the signings.

You really think the signing service would want to pursue it in court?? I think not.

Reply by jba/fl on 6/16/10 10:56am
Msg #341158

Who might this company be? Hmmmm- makes me wonder.

About 1/3 right. I wouldn't contact the BO, though I would alert the others that the company who hired me is not paying and they may wish to rethink their strategy for their closings, that if they persist, then they are liable for assisting fraudulent activities, etc., and that I intend to follow through in my collection efforts.

The BO has paid already - can't collect twice from them.

Reply by VA/VA on 6/16/10 11:06am
Msg #341161

Re: Who might this company be? Hmmmm- makes me wonder.

dynamic field solutions -- I did 2 in April. I made the error of not looking them up before the signings. Won't make that mistake again.

Reply by Notarysigner on 6/16/10 11:10am
Msg #341164

It is not illegal...I went to court about this threat.

Reply by Marian_in_CA on 6/16/10 5:02pm
Msg #341281

It's not illegal.... HOWEVER...

You need to be careful how you do it. Don't contact the borrower. It's none of their business, and it would make you look really bad. They've already paid.

What you need to do is simply alter the TC/Escrow company that the SS isn't paying you. You can't really ask them for payment, either... since your agreement isn't with them. But you can alert them.

You need to be polite about it... and you shouldn't threaten them, either.

Often, though... if the TC learns that the SS isn't paying their contractors.... the TC could ultimately drop/fire the SS.

That's what happened with James and the SS took him to court over it. But, James won. So, there is precedent in your favor.

Them telling you that contacting others for payment is illegal is silly. It is potentially illegal if you make threats, though... or if you lie or if you insist the the borrower, TC/escrow owes you the money. They don't. The entity that owes you the money is the company that hired you as their contractor. Just be careful how you do it.

Reply by Notarysigner on 6/16/10 5:44pm
Msg #341289

Re: It's not illegal.... HOWEVER...

What Marian says is true.......I did contact the borrower though, not for payment but because they were so disgusted with the service they had and appreciated my help. My contact was informative, letting them know that I was also victimized. Of course that doesn't make it right. If only they could know what has happened since I helped them, but they won't.

Reply by bowie_MD on 6/16/10 5:40pm
Msg #341288

Pardon me for disagreeing. I see nothing wrong with alerting the borrower that some scum bag is ripping you off. Yes they already paid but if so inclined they can voice their concern to lender or title and never use them in the future.
my 2 cents

Reply by Sandra Aguirre-Herrera on 12/18/10 5:38pm
Msg #365465

Wow these guys have the worst reputation EVER. Look at the BBB ratings and stuff. We should all use that one collection agency for Notaries ONE BOX.

http://www.trustlink.org/Reviews/Dynamic-Field-Solutions-205963740

http://www.la.bbb.org/Business-Report/Dynamic-Field-Solutions-100064928

This company might be able to help all us Notaries who these guys owe money too:
http://notariesunited.webs.com/howitworks.htm