Posted by Linda Nyswonger on 2/25/11 2:27pm
Msg #374197

Should I hire a attorney?

Propiety LLC ( James White) called me to do 2 closing in Advance NC, and had 2 hours to get there. Charged them $110.00 each. After I finished the closing I FedEx the signings to ServiceLink. I was suposed to be paid in 15 days, per our agreement. After 20 days I starting calling this so called company. They told me the check is in the mail. Mind you I live 30 minutes away from the company. A week later I still don't have my check. Come to find out it was a money order, not a check. Today, 30 days later, I decide to call Servicelink and let them know what was going on. Servicelink said they fired James White in 2009, and the signing was giving to somebody else ( some lady), not me! I told them I have all the emails to prove I did the closings. ServiceLink said it looks like she farmed it out to this James White, that was fired in 2009. ServiceLink has paid her already! She said I needed to get the money from this company. How do I get my money from this company that has been paid by ServiceLink.

Reply by Lee/AR on 2/25/11 2:33pm
Msg #374199

Very tangled situation, but, fact remains, you were 'hired' by James White. That's who you collect from. He would have to collect from 'the lady' that farmed it out to him, who received it from ServiceLink & was paid. It would not be cost-effective to hire an attorney, imho. Harass James White or chalk it up to a learning experience.

Reply by Linda_H/FL on 2/25/11 2:35pm
Msg #374201

1. Make sure *your* loans funded - check the county records - get a copy;
2. Get a copy of the canceled check to that company from ServiceLink;
3. Check your small claims procedures.
4. Send demand letters certified mail return receipt requested and regular mail.

You may not have to retain an attorney for this - you may be able to do it on your own. But if you do go with an attorney you can probably request court costs and attorneys' fees in your claim.

Or hook up with a collection agency and send them to collection - you'll still have to prove they owed you the money (your loan funded) and you'll also end up paying a percentage to the CA for getting your money but it may work.

FYI from NC SOS http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=8183251

Corporation Names

--------------------------------------------------------------------------------

Name Name Type
PROPIETY, LLC LEGAL
Limited Liability Company Information

--------------------------------------------------------------------------------

SOSID: 0912842
Status: Admin. Dissolved
Effective Date: 5/10/2007
Dissolution Date:
Annual Report Due Date:
Citizenship: DOMESTIC
State of Inc.: NC
Duration: 03/22/2037
Registered Agent

--------------------------------------------------------------------------------

Agent Name: JACKSON, HELENA
Office Address: 952 GOLF HOUSE ROAD, SUITE I
WHITSETT NC 27377

Mailing Address: 952 GOLF HOUSE ROAD, SUITE I
WHITSETT NC 27377
Principal Office

--------------------------------------------------------------------------------

Office Address: 716 N. CHURCH STREET
BURLINGTON NC 27217

Mailing Address: 716 N. CHURCH STREET
BURLINGTON NC 27217
Officers

--------------------------------------------------------------------------------

Title: MEMBER
Name: DANIELLE HARRISON
Business Address: 716 N. CHURCH STREET
BURLINGTON NC 27217


Good Luck.

Reply by Linda Nyswonger on 2/25/11 2:40pm
Msg #374205

Thanks Linda! Great information!!

Reply by Linda Nyswonger on 2/25/11 8:38pm
Msg #374274

What are your ideas on calling the lender?

Reply by Robert Williams on 2/25/11 2:36pm
Msg #374203

Sounds like they paid the lady they sent it to.

Contact her and find out if she paid the guy who hired you... Your agreement is with him, not her or Servicelink. I think he's the only one you would have recourse against and no I really don't think you need an attorney to collect $220... most attorneys would charge more than that.

Reply by Linda_H/FL on 2/25/11 2:38pm
Msg #374204

I'd do demand letters and small claims

and name EVERYBODY as defendants...shake someone's pockets

Reply by James Dawson on 2/25/11 2:51pm
Msg #374209

Re: I'd do demand letters and small claims

This is sooo sad hope they post this in SS FOR sure.

Reply by Linda Nyswonger on 2/25/11 5:02pm
Msg #374242

Re: I'd do demand letters and small claims

Does anybody have a good reference letter for collections? I thought I seen someone mention there was one posted on here?

Reply by Cheryl Meril on 2/25/11 2:40pm
Msg #374206

Re: Small Claims Court Case

An attorney will just put you more into a hole. It's a small claims court case and you could file it yourself. Bring your documentation to court of your evidence and let the judge figure it out.

Reply by Linda_H/FL on 2/25/11 2:43pm
Msg #374208

It will have to be done in the county where the company

is located - or the defendant..

http://www.legalaidnc.org/public/learn/publications/small_claims_court/Small_Claims_Chapter_2.aspx

Reply by Moneyman/TX on 2/25/11 3:05pm
Msg #374212

That bites

It also seems unfair to the person that lives in another county that did not get paid. Seems to me the laws covering small claims are tilted to favor the defendant, especially in situations such as this one.

Luckily, in TX we can (actually have to) sue them in the county that the act (the signing) took place regardless of where the company or person is located when it comes to filing claims for non payment for services rendered.

Reply by Linda_H/FL on 2/25/11 3:20pm
Msg #374215

Same thing in FL - I sue in my county.. n/m

Reply by Doris_CO on 2/25/11 3:56pm
Msg #374222

You said you live 30 minutes from the company. Which company? If you're only 30 minutes away, then, if it were me, I'd be making a personal visit to the company with my documentation that the loan closed and my invoice. You could call first and let them know you'll be dropping by at such and such time to pick up your payment.

Reply by Linda Nyswonger on 2/25/11 5:01pm
Msg #374241

I goggle there office and it looks like a neighborhood. I don't feel safe going to somebody's house, trying to collect money.

Reply by Moneyman/TX on 2/25/11 6:50pm
Msg #374260

Take someone along for your safety. Just showing up at the front door might be enough for them to pay you on the spot. At the very least, they know you know where they are and where to send the papers to should you have to file. It would also give you the opportunity to write down their license plate number(s) so the process server would have more information should they need it. JMO

If you do decide to go there, since it looks like it might be a business run out of a home, I don't know that I would give an exact time that I would show up. That would just give them the opportunity to go to the store or something when you are supposed to be there. Maybe give them a range of several hours. I would probably just show up, but that's me.

Good luck.

Reply by Linda Nyswonger on 2/25/11 8:33pm
Msg #374272

I am not sure I will go there. I will start writing letters, or/and take him to small claims court. I am the kinda person, if somebody takes advantage of me, I will make it right, some how. I don't won't this to happen to someone else!! It just bothers me, that ServiceLink don't follow up on there SS people. I'm hoping ServiceLink don't call this company anymore, is what I am wanting beside my money he owes me!

Reply by Morgan/PghPA on 2/26/11 7:48am
Msg #374291

"payment" or I should say NON payment has gotten to be such a huge issue over the past 2 years, I accept few signings anymore other than from my tride & true. When I get a call (if at home) I make them wait until I GOOGLE the company, or jump on notrot, If I am on mycell I decline the offer. Its sad how they just ignore our calls and attempts to get our money. Their HR Depts should handle their payroll the same

Reply by momof3/NC on 3/29/11 6:13pm
Msg #377866

Re: This guy is a THIEF!!!

I did some work for him in 2009(three jobs very close together). He didn't pay! I e-mailed and called many times. I even got him on the phone after a while and he told me the check would go out that day. HE LIED again. He had no intentions of mailing me a check. If you will type in the search engine here on Notary Rotary you will find many bad comments about him. I can't believe he is still up to no good and that Service Link has anything to do with him. They know he doesn't pay the notaries because I told them. He is listed under the business name of NC Signing & Title Abstracting Co. located in Whitsett, NC. 27377. Finally, one more thing about him, this one takes the cake. In Dec. I arrived at a closing, and the borrowers came to the door saying they had just got a call from a James White from a 919 # and he told them their closing had been cancelled. They argued with him because they knew I was on the way. He finally hung up. If I knew how to get my money and stop him, beleive me, I would.