Posted by A S Johnson on 3/24/11 10:14am Msg #377343
QuickClosing123
This a 4 star rated singing service on the form. Called, needing signing done. Meet my fee. I did the signing. No problems. A week ago I get an e-mail requiring their sign up packet be completed so my check can be issued. Included a Independent Contractor's Contract with serveral paragraphs I can not, will not agree to thus I will not sign. The problem, when called this assignmnet the sign up package was not mentioned as a requirement to be paid. I have provided a W-2 and a copy of my Texas Notary commission.
They were a good company to work with, BUT....... Now I just want to be paid.
Sid Johnson Weatherford TX 817-613-7002
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Reply by Calnotary on 3/24/11 10:33am Msg #377346
Just sign their contract, once you get paid and then fax them a cancellation of contract, and never work for them again.
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Reply by A S Johnson on 3/24/11 11:16am Msg #377356
When it comes to my Notary, I am a straight arrow. I handle everything to do with my Notary/signing business straight up.
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Reply by BrendaTx on 3/24/11 3:51pm Msg #377413
I never have signed one of those
with non-compete language.
I will certainly not sign one after the assignment. The reason a company does not ask for it up front is because they know that notaries with several years of experience have clients who are also their clients.
It is a tactic that I cannot respect.
Send in the W9.
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Reply by docs1954CA on 3/24/11 10:36am Msg #377347
Which paragraphs rubbed you the wrong way Sid? n/m
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Reply by A S Johnson on 3/24/11 11:13am Msg #377355
Re: Which paragraphs rubbed you the wrong way Sid?
Noncomplete-Texas Notary requires me to do a Notary when asked with certian exceptions. Fees schedule-they meet my fee for this signing, but what happens in the future when they just put in thier fee and say you signed thier contract for their fee. The contact is effective for a year after it is terminated.
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Reply by Lee/AR on 3/24/11 11:17am Msg #377357
Re: Which paragraphs rubbed you the wrong way Sid?
change the contract or simply sign it and always be booked in the future.
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Reply by A S Johnson on 3/24/11 11:21am Msg #377359
Re: Which paragraphs rubbed you the wrong way Sid?
Why should I not be up and up. The did NOT tell it would be required to sign thier contract and supply item they have no need for. They have my W-9 which all they are required to have to pay me. Pay me.
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Reply by Shelly_FL on 3/24/11 2:15pm Msg #377395
I suppose you could sign it with a statement that it was...
signed under duress in order to be paid for a prior to signing. Although, that may not be taken kindly.
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Reply by Linda_H/FL on 3/24/11 11:04am Msg #377352
They called me today for a refi outside my county
Friday evening, 6pm - said it paid $90 - I quoted my out-of-county fee and she said "okay, thank you" ... not even an effort to compromise .... sounded to me like the $90 was firm
I can't go out of county around here for $90
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Reply by CorpJen on 3/24/11 11:22am Msg #377360
if this is Debbie, she works from her home, just call her and tell her you do not want to be in her database, just get paid.
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Reply by A S Johnson on 3/24/11 3:30pm Msg #377409
The e-mail is signed, Deborah Salvatore. See was very professioal and nice. My issue is the Independent Contract contract and other sign up package items. The majority of my work is direct from Title/Escrow companies and, just maybe, I been with them so long I haven't been asked for things like my D L etc. The fact is this was a Stewart Title contract and I get assignments from several of thier offices. I am going to sign a non-complete clause that could be used for legal action if I accepted a assignmnet from a Stewart office? I think NOT!!!!
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Reply by MikeC/NY on 3/24/11 4:01pm Msg #377415
I don't think they can legally make this a requirement after you've reached an agreement and have already done the work, but I'm not a lawyer. Either way, they will probably stand their ground and insist on having the signed agreement for their files before they cut the check. So if you want to get paid.... Just strike the clauses you have a problem with, sign it, and send it back.
Sometimes you just have to pick your battles.
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Reply by MonicaFL on 3/24/11 4:56pm Msg #377426
I agree with Mike. I have also received such contracts after the fact and after reading it thoroughly, I went back thru each paragraph, initialed what I agreed with, scratched out what I didn't agree with and so stated right there at the paragraph, then signed it. They got their contract back and signed. I got paid. Amen.
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Reply by A S Johnson on 3/24/11 6:11pm Msg #377433
I know this far down on the posting now, but incase the servral of you that say markout what you don't agree with, sign it are still reading this thread. No I will not go thru all those machinations. I told you I do my Notary, signings on the up and up. She is the one who thinks playing games is all right. Understand, if I am doing other business, I may cross the line but my honor is not on the line. I just will get the job done. If she does not pay me in 90 day, I do have a partner in another business who is an attorney, his speciality is debt and bad check collections. We have only donethis once for NEIS fees owed and got quick results. Yes, you can ask. Yes, thier is a fee $500 plus 40% of amt collected. No he does not supply the docs so you can do it yourself. That's why has the a "sheep's skin", bar card and can get those fees. "Honest lawyer one flight up."
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Reply by Alana The Closing Source, LLC on 3/26/11 10:01am Msg #377565
If you don't want to go through and strike out the parts that you don't like, initial and then sign, what is it exactly that you would like to do?
"She's the one who thinks playing games is all right." I have had several companies put non compete clauses in contracts and I drew lines through those and initialed them if I didn't feel comfortable signing them. You have gotten great advice here.
The thing about Deb is that she is going to pay, usually in less than 30 days. It took me a while (longer than 30 days) to get my contract to her but I did get her my firm's W-9 and she has always paid promptly, has always been professional and has always paid on time.
Of course it's always your decision whether or not you take closings. I did want to let you know the QuickClosings123 is a great company to work for though and they are legit when it comes to paying.
Good Luck!
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Reply by Linda_H/FL on 3/26/11 1:31pm Msg #377581
Re: QuickClosing123...Alana
I don't think it's the non-compete clause that bothers him - it's this, as in his first post:
"Called, needing signing done. Meet my fee. I did the signing. No problems. A week ago I get an e-mail requiring their sign up packet be completed so my check can be issued. "
Signup package required AFTER job has been completed in order to issue payment. Nothing said prior to signing that signup required to be paid.
I could be wrong (and Sid, correct me if I am) but I think those are the games he's referring to - and honestly, I don't blame him. That should have been discussed up front ...
MHO
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