Posted by PegiT_MN on 9/11/13 12:20pm
Msg #484167

OMG......Why Didn't I Read Signing Central?

I am just sick......I have never gotten screwed over......I don't know how this happened. How on earth did I let Accurate National Signings get one over on me? If I would have read Signing Central.....like I am supposed to.......like my fellow notaries have drilled into my thick head over the past three years.......I would have NEVER NEVER NEVER in a million years accepted a job from these criminals......what the heck was I thinking? There have been numerous conversations about this couple and their dirty dealings and it all went right over my head.

Well you live and learn.....but this is not over yet......I am going to make this my mission to get my $100.00 from these folks......or they are going to jail.....that's right.....jail. It appears they have a very lengthy history of hiring notaries and not paying them. Theft by swindle and fraud. Can't wait to call their county prosecutor and get the ball rolling on these deadbeat criminals.

Reply by Luckydog on 9/11/13 12:27pm
Msg #484170

Good luck with that. The problem in our profession the amount of trying collect is not worth their time. Even a collection agency requires a minimum amount to collect; most $500.00. Nobody cares except us for $100.00. These deadbeat SS know this, and that is why trying to and collect anything is impossible. Even the BBB doesn't get involved over pay disputes.

Reply by PegiT_MN on 9/11/13 12:32pm
Msg #484172

No......you got it all wrong......the law enforcement community does care about a couple that has purposely set up shop for the purposes of defrauding unsuspecting out of state notaries. They hired people with the intentions of not paying them. They most definitely can be charged with fraud and theft by swindle which is a felony.

Reply by MW/VA on 9/11/13 1:18pm
Msg #484190

It may be difficult to prove that "they hired people with

the intentions of not paying them". How do you prove intent?

Reply by 101livescan on 9/11/13 3:40pm
Msg #484232

Re: It may be difficult to prove that "they hired people with

Let's see: Using someone else's SSN to incur debt without intention to repay student loan applied for online and used for own benefit. hmmmm. The County DA saw merit in prosecuting this infraction.

It's a strong possibility a case could be made against fraudster signing service owner(s).

Reply by BobtheElder on 9/11/13 5:49pm
Msg #484268

Wouldn't "Wire Fraud" come in there, since it is all done by phone and email???

Reply by sueharke on 9/11/13 1:14pm
Msg #484187

I suggest the following. Take her to Small Claims Court and try to get a court judgement. If you are unable to collect, get a consultation really experienced tax professional as to whether you are able to write off the court judgment as a bad debt (if you are on the cash accounting basis and did not report the income on your tax return). This may be tricky, but it is worth a try.

Reply by sueharke on 9/11/13 1:18pm
Msg #484189

Forgot to add, use Judge Judy, Judge Alex, or other TV Judge and give her more publicity than just your local Small Claims Court.

Reply by Luckydog on 9/11/13 2:40pm
Msg #484223

Small claims court are filed in the city and state that the person you intend to sue lives in. You must also file copies of paperwork in triplicate and also pay the filing fees, serving fees. Every $100.00 of the lawsuit, the cost goes up. I was on People's Court in 2010, and they call you if interested in your case, and both parties have to be on board to appear on the show. Those shows look up cases pending in varies states and counties, and if look like they would be good for the show, they call you. Needless to say I won my $5K I was suing for over car repairs. The show paid me, not the person I was suing, but they did pay mine and his airline ticket to NYC. If you feel like it is worth the time, aggravation and cost to file in small claims considering the travel expense, you can do that, but personally I would write it off on my taxes as a bad debt and call it a day and post the neg. on this forum.

Reply by JulieD/KS on 9/11/13 2:56pm
Msg #484228

Can not write this off as a bad debt!

Unless you are an accrual-basis taxpayer (which most taxpayer aren't) then uncollected fees can not be written off as bad debt on your tax return.
Writing off a bad debt is only done when that the income was claimed on a previous year's tax return, taxes paid on it and then the income never was received. Claiming it as a bad debt corrects the overpaid tax. On accrual-basis, income is reported when earned whether or not it has been received. So, if it was reported, then not received, it is a bad debt.
Cash-basis taxpayers only pay tax on income that has been received, so there is nothing to correct if a fee was earned but not received.
Any expenses incurred are deductible, however. (mileage, copy costs, paper costs, etc).
If you have questions, let me know.
Julie B. Dailey, EA/NTPI Fellow
Julie's Tax Service

Reply by 101livescan on 9/11/13 3:32pm
Msg #484231

Call it EXPERIENCE101!

Experience is what you get when you don't get paid! And you never let it happen again!

Reply by JulieD/KS on 9/11/13 5:38pm
Msg #484264

Re: Call it EXPERIENCE101!

Agreed! Way back in 2003, I got stiffed by both Instafi and Notary America. I learned, baby. I learned. From then on, I made sure I knew the name, address of the company hiring me, that the agreed-upon fee was written on the confirmation and that they agreed to my payment terms.

I can't tell you how irritated some companies get when I make them agree to my payment terms before finalizing our agreement. I've had some write to me and say "How dare you try to get us to agree to your terms. We are hiring YOU, not the other way around." Any company that would react to reasonable terms in that way is not a company to do business with.

Reply by Linda_H/FL on 9/11/13 5:31pm
Msg #484259

"Small claims court are filed in the city and state that the person you intend to sue lives in. "

Here in FL the claim can be filed where the loss occurred - which would be YOUR home county.

Reply by Linda_H/FL on 9/11/13 5:33pm
Msg #484261

Sorry..too quick

Venue and jurisdiction varies by state - have to check the statute for your own state to see if you can file "here" or have to file "there" - also possible, in some cases, to serve by certified mail.

I do believe you'll have to send them a demand letter first though - that's your proof that you attempted to collect.

Reply by Lisa Cirillo on 9/11/13 2:09pm
Msg #484203

In NY it's called "Scheme to Defraud". But as the others are saying you have to prove that these people set out to defraud you. If you can find others that have the same experience you may have a better shot at getting something.

Just be aware that you can't get blood from a stone, so you may never get anything other than the satisfaction that they were reprimanded and possibly be made to make restitution.

Good luck, I never had dealing with them otherwise I would be joining in any group you can put together to go after them.