staffingdebt-blog

[staffingdebt-blog]

QUESTIONS ON CONTRACTS

Today's article will cover the four questions I am asked most by recruiters. First, I want you to realize that all situations are different and that state laws change from state to state. Let's assume you are in the state of Georgia and your debtor is in Florida; what your lawyer may tell you is 100 percent accurate in Georgia but my be 100 percent wrong in Florida. So as I answer these questions, please keep in mind that this is collection advice and is not intended as legal advice. If you need legal advice, I can refer you to an attorney in your state if one is needed when it comes to getting contracts signed.

1. Do I need signed a contact every time I do a job search for the same client?

This depends on several factors, such as the wording of the contract. If it references a specific search, then, yes, get a new contract signed. If it is just a blanket search agreement, then I would like to see a new agreement signed about every 12 months. We still can collect on older contracts but this can avoid several arguments that the debtor's attorney will bring up.

2. If I do not put a timetable on any candidate that I present for a job interview, if he/she is hired at any point, am I protected forever?

No, I have had many clients tell me that they feel it is better to be very vague when it comes to their terms, but they feel it will cover them because they then can argue that it really meant this or it meant that. I can tell you after 20 years of collecting staffing and recruiting invoices, nothing could be further from the truth. If you are the one who draws up the agreement, it needs to be very specific; if it not, and the account goes to court, the judge will rule against you just about every time. It's like in baseball: a tie goes to the runner. What I do recommend is that you put in the contract that you are protected for 12 months from the LAST presentation of your candidate. In that way, if you talk to the hiring company six months later about the same candidate, then the clock is reset for another 12 months.

3. Are my e-mail trails as good as a signed contract?

No. Let me say first that in more than half of the accounts that we collect, we do not have a signed contract. So an e-mail trail is not a bad thing and if you do not have a signed contract, you still may be able to collect. But in a perfect world, we would have a signed contract. Also, in some states, you cannot sue the debtor if you don't have a signed contract. Massachusetts is a prime example. The state Supreme Court ruled: no contract, no deal.

4. Can I put in my contract that if the debtor does not sign, it automatically means the terms and conditions are accepted?

This is a resounding no. I have had many recruiters want to argue that their contract is enforceable because it says if he/she does not sign the agreement, it means the terms are accepted. Let me say first that if there is an e-mail trail, we can argue that their actions showed acceptance of the contract. But the mere fact that they received the contract does not show they agree. At the very best, you have an e-mail and an unsigned contract.

If you would like a free copy of my recommended safeguards to put in your next engagement letter, please email me at [email protected] and put free safeguard in the subject line. If you have a collection that you wish to discuss, call me at 866-892-3814 Ext 6578.

#collection agency #global credit and collection #past due staffing debt

[staffingdebt-blog]

Adams, Evens and Ross, Inc. - is a collection specialist for staffing and recruiting firms and currently the world's largest collection agency.

#collection agency #past due staffing debt #past due recruiting debt #staffing debt #debt adjustment #credit and collection

[staffingdebt-blog]

Adams, Evens and Ross, Inc. - is a collection specialist for staffing and recruiting firms and currently the world's largest collection agency.

#past due recruiting debt #past due staffing debt #collection agency #collection specialist #global credit and collection

[staffingdebt-blog]

Adams, Evens, and Ross Inc.

Adams, Evens, & Ross, Inc., an Eloc Global Company is the world's largest collection agency specializing in staffing and recruiting debt. We have collected for more than 3000 staffing and recruiting firms for almost 3 decades. Adams, Evens, & Ross is endorsed by MRI Network, Global Recruiters Network, NPAworldwide, First Interview Network, Alabama Staffing Association, TempNet and the United States Staffing Association.

#Past Due staffing debt #Past due Recruiting Debt #global credit and collection #collection agency nyc

[staffingdebt-blog]

Adams, Evens and Ross, Inc. - is a collection specialist for staffing and recruiting firms and currently the world's largest collection agency.

#past due staffing debt #Pastdue staffing debt #Past due Recruiting Debt

[staffingdebt-blog]

PROSECUTING BAD CHECKS

"Can I prosecute someone if they give me a bad check?" The answer is...it depends. For starters, it depends on which state you live in. In a few states it is not a crime to write a bad check. But in most states you do have recourse, although the penalties vary. 

  The Bad Check laws are not written to punish someone because they cannot pay your bill; they're written to protect you from fraud. Let me explain. If someone contacts you and you provide a service and they bounce a check, you may have recourse. But if they contact you and they give you a postdated check, saying "Hold this check until next Monday" and you agree, then you cannot prosecute the check. The reason is because they have put you on notice that they do not have the money. You can still sue them, and it will be much easier to win because the postdated check is a promissory note, but you cannot have them prosecuted. 

There are a few states that have some very nice protection on the books when it comes to Bad Checks. Florida has a "3 times the damages" rule; we have gotten 3 times the face amount of the check for clients in a few cases. In most states, however, you get only the face amount of the check plus the cost of collection. 

  One notable thing about a Bad Check is that it can be an early warning sign to you that your client may have an issue. If a client ever bounces a check and they give you the explanation that it was a bank error, ask them to supply a letter from the bank so you can have it for their file. (Let me say that mistakes can happen at the bank, and on occasion deposits do not get posted. If a bank makes a mistake, however, they will supply a letter to your client stating it was a banking error.) If the client will not/does not supply one, assume the truth is that they did not have the money to cover the check. Be vigilant in watching that client very closely, and do not let their balance grow; the bounced check is certainly a sign that they are having cash-flow issues. 

I categorize a bad check-writer into one of two distinct groups.  

   1. The first is an honest person working through issues.  

 2. The second is a Con-man who bounces checks on a regular basis, using their checking account like a line of credit.  

  The easily recognized difference is that the honest person will pick up the phone and call you. He will admit to having an issue and will agree to do this or that. The Con-man will not call you and will intentionally avoid your calls. 

  A word of action in closing. NEVER take a partial payment on a bad check. If you do, you have forfeited your right to prosecute the check (in most states). You can still sue them for the balance, but you cannot have them picked up. 

 We are the nation's largest Credit & Collections Solutions Provider for the Staffing and Recruiting Industry. Our mission is simple and that is to collect past due staffing debt and recruiting debt for our clients.

#Past Due staffing debt #Pastdue staffing debt #Past due Recruiting Debt

[staffingdebt-blog]

SMALL CLAIMS COURT

You have sued your debtor. Waited months. You went to Small Claims Court and finally have a Judgment. Now what? Well, you are about to learn an unpopular fact: Less than 5% of Judgments are ever collected.

I have had clients sue in small claims court and be awarded a Judgment; then they call me and ask me if I can collect. The fact is, probably not. Neither can your attorney. I have to tell them that looking for assets now would be like looking for a needle in the proverbial haystack.

Next time, use either a Large Commercial Collection Attorney or a Commercial Collection agency first. 80% of the time it will get collected before you would go to court. If the account does go to court, it will be litigated in State Court rather than Small Claims. This forces your debtor to also spend money on an attorney. The debtor has to pay by the hour. You may have to pay a small suit fee and court costs, but the bulk of your funds are paid only if your attorney collects.

Another good reason to use a Commercial Collector or a Collection Law Firm is you would know were the debtor's assets are before you get your judgment. Let me take a moment and explain why this is important.

You have a debtor that will not pay. You sue them. It takes 6 to 12 months to get to court. You get your judgment in about a year. The whole time that you are waiting for it to go to court the debtor is selling off assets, moving assets into a new corporation. By the time you get a judgment the company is an empty shell. If you knew from early on where their assets were you could petition the courts to make the debtor show you where they are currently located and what happened to them.

A good Past Due Staffing Debt or collection law firm will be locating assets while the suit is in process. Then, once a judgment is entered, they move fast. We have seized 100's of thousand of dollars from checking accounts before the debtor had a chance to realize what happened. Yes, you may have to give up 1/3 of the collections and walk away with 67% of what was owed, or you could walk away with 100% of a Judgment that will never be exchanged for a dime.

The only time I would recommend small claims is when the balance is under $500.00. The cost of State Court would not make sense on a claim of that size, but the $50.00 that you spend would be worth the risk of getting an empty Judgment.

You could, however, use Small Claims as a collection tool. Call your Court House and have them mail or fax you a few blank Suit forms. Fill in the blanks and then send a copy certified mail to your debtor along with a letter that states you will file this in court in 10 days if you do not have a check for the full amount. This works better than actually filing suit in most cases. Then, if they do not pay, you file the suit. Just remember, the chance of getting paid on your Judgment is slim.

If you would like to know if you have a client that has been sued, please contact us. We will do a public record search and let you know within 48 hours if your debtor has done this to others.

#past due recruiting debt #past due staffing debt #recruitment agency fee disputes #collection agency #global credit and collection

[staffingdebt-blog]

Adams, Evens, & Ross, Inc., an Eloc Global Company is the world's largest collection agency specializing in staffing and recruiting debt. We have collected for more than 3000 staffing and recruiting firms for almost 3 decades. Adams, Evens, & Ross is endorsed by MRI Network, Global Recruiters Network, NPAworldwide, First Interview Network, Alabama Staffing Association, TempNet and the United States Staffing Association.

#collection agency #global credit and collection #collection specialist #collection agency nyc #staffing and recruiting

[staffingdebt-blog]

Adams, Evens, & Ross, Inc., an Eloc Global Company is the world's largest collection agency specializing in staffing and recruiting debt. We have collected for more than 3000 staffing and recruiting firms for almost 3 decades. Adams, Evens, & Ross is endorsed by MRI Network, Global Recruiters Network, NPAworldwide, First Interview Network, Alabama Staffing Association, TempNet and the United States Staffing Association.

#collectionagencynyc #staffingandrecruiting #recruitmentagencyfeedisputes #rossstaffing #globalcreditandcollection

[staffingdebt-blog]

Adams, Evens, & Ross, Inc., an Eloc Global Company is the world's largest collection agency specializing in staffing and recruiting debt. We have collected for more than 3000 staffing and recruiting firms for almost 3 decades. Adams, Evens, & Ross is endorsed by MRI Network, Global Recruiters Network, NPAworldwide, First Interview Network, Alabama Staffing Association, TempNet and the United States Staffing Association. 

 Address: 3760 Sixes Road , Suite 126, Canton Georgia 30114 

Phone: [phone] ext 6578 

Email: [email protected] 

Website: http://www.staffingdebt.com/

#collectionagencynyc #staffingandrecruiting #recruitmentagencyfeedisputes #rossstaffing #evansstaffing #global credit and collection

[staffingdebt-blog]

Adams, Evens, and Ross 3760 Sixes Road, Suite 126, Canton, Georgia 30114 United States Phone: [phone] ext 6578 Email: [email protected] Website: https://www.staffingdebt.com/

#collection agency #global credit and collection #collection specialist #staffing and recruiting