How Process Servers and Private Investigators Can Effectively Handle Deadbeat
Clients
Those
who have served in the field of private investigations or process serving for
any length of time know all too well the perils of working with companies and
individuals who cheat them. Most times
these law firms and companies promise to pay money upon successful completion
of services but simply never do.
Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com
explores possible options and solutions for Oklahoma process servers and
private detectives who find themselves facing these tough situations . . .
Many
process servers and almost all private investigators require payment in advance. Indeed, since the amount of money that
private detective agencies stand to lose can range in the tens or even hundreds
of thousands of dollars, most such firms require a specific retainer up
front. Process servers, on the other
hand, usually have much less to lose and sometimes allow their customers to
receive an invoice after they have completed the service. Either way, when customers fail to pay as promised,
it puts the Oklahoma process servers and licensed private investigators in a bit
of a bind.
One
effective way to prevent this from happening is for process servers and private
detectives to simply require all of their customers to pay up front. This is an effective measure which will
prevent clients from failing to pay. This
option also helps deter clients who might like to cheat the process server or
private investigator. However, this
choice also comes with significant limitations.
Some
clients prefer to receive the bill after the process server completes his or
her tasks. These types of clients often
include, but are not limited to, high end attorneys and others who stake their
reputation on quality and efficiency. This
type of clientele often does not have time to issue checks or money orders
right away and tends to work on very tight schedules. Process servers who refuse to bill these
firms and individuals will often lose their current and future business. Private investigators, of course, should
continue to require the money up front; they simply have too much to lose.
Before
informing clients that they have not paid what they owe, it is imperative that
process servers ensure that they have not already paid it. Sometimes it is possible to not mark down a
check, money order, or other payment the client has made. By first checking with the bank, with Paypal,
etc., private detectives can almost eliminate the chance of inadvertently
asking for money from clients who have already paid their bills.
Process
servers who choose to allow clients to pay after the completion of services do
not really have many of the same protective preemptive safeguards in
place. Thus, they must choose how to
handle the situation after the fact.
They do, however, have a string of options and at least one thing they
can do to protect themselves.
Generally
speaking, process servers should always require their clients to make their
service requests up front and in writing.
This is especially true for process servers in Oklahoma who do not
require their clients to pay in advance.
A special form such as this http://www.oklahomajudicialprocessservers.com/wp-content/uploads/2012/11/Process-Server-Client-Questionnaire.pdf
can require the client to waive all liability and guarantee payment in
writing. This formal agreement not only
helps to shield process servers from harm, but it also helps deter potential
deadbeat clients. Those individuals and
businesses who do cheat process servers out of their fees also become more
vulnerable in court, as process servers now have something in writing.
If
the amount the client owes is very small, it is sometimes easier to “un-serve”
the person. In doing so, the client may have
to reschedule his or her court date.
This will require the person to go obtain the services of yet another
process server. If the Oklahoma City
process server has already turned in an affidavit of service, he or she can
subsequently submit an affidavit of non-service. This second affidavit might potentially nullify
the previous affidavit on grounds such as, “I accidentally served the wrong
person.” In the event that an affidavit
of service is not already on file or otherwise in the client’s possession, then
the process server can simply refuse to write one. Either of these efforts will likely frustrate
the former client and may hinder his ability to receive a timely judgment. However, if a Norman, Oklahoma process server
is seeking a financial judgment, this will not suffice.
Oklahoma
process servers and private investigators can also write and submit a brief or
letter that informs the judge of the client’s failure to pay. Filing a letter of this sort so will most
likely hurt the client’s credibility in court.
Who can trust a person or business that would stiff his own process
server or private investigator? In
addition to doing so, the Oklahoma process server can also file a small claims
suit against the former client and have that person served. If successful in both of these attempts, this
can frustrate the client both in his or her own legal case and simultaneously
force him or her to become embattled on yet another front. Of course, this endeavor also takes time and
money, and some process servers one or both lack both.
Some
process servers and private detective agencies prefer to outsource all of their
deadbeat clients to collection agencies.
These companies will often handle the entire process for fee. In doing so, they take the stress and
pressure off of process servers and private investigation firms, and this frees
their time and resources to engage in other meaningful business pursuits. Of course, these companies also require up to
one half of the amounts they recover as payment, thus trimming the process
servers’ and private detectives’ bottom lines.
Process
servers and private investigators whose former clients have breached their
trust agreement can also choose to leave a bad written review for professionals
and companies. If the deadbeat client is
a business entity, this can range from a blatantly honest and thorough review
on www.yellowpages.com to other sites
like www.angieslist.com. Believe it or not, some customers read
reviews written by former and current companies they are considering working with. If a professional company or individual has
cheated a process server out of his or her fee, then he or she will likely
happen again to others. The public
deserves a fair warning about the company’s unscrupulous business practices. However, if the former client happens to link
the written review back to the process server, then he or she can also write a
bad written review – even if untrue – about the process server, private eye,
and/or his or her company. Thus, caution
does indeed become the “better” part of cyber revenge.
The
Better Business Bureau (BBB) www.bbb.org can
also help to mediate complaints against the wayward company or business. However, they tend to be most effective against
those whom they accredit. The Better Business Bureau is unable to compel a
company to act or require action. Of
course, the company can still lose its BBB accreditation, and this is something
that many businesses wish to maintain.
Indeed, many law firms have their accreditation by the BBB to help
prevent lawsuits and to let their customers know they are trustworthy.
If
the individual is a member of a professional organization or association such
as the Oklahoma Bar Association (OBA) http://www.okbar.org/,
the National Association of Professional Process Servers (NAPPS) www.Napps.org, or the Oklahoma Private
Investigator Association (OPIA) www.Opia.com,
then process servers can file complaints against the individuals or businesses
with their respective professional organisations and licensing committees. These types of associations often require
higher standards of ethical conduct from their members and/or respective
licensing boards. They want their members
to represent their profession well and to help others. While it is true that these governing bodies often
protect those within them, they can also serve to help field complaints for
little or no money or time.
Sometimes
clients really do not have the ability to pay their bills, and money really
does become an issue for them. This is when alternative forms of payment through
bartering sometimes become more feasible.
This is especially true when the client does not have the ability to pay
his or her bill but also practices some sort of trade or profession which may
provide necessary services for the Oklahoma City process server or private
detective. Such trades and professions
include, but are not limited to, those who are plumbers, lawyers, doctors,
teachers, and almost anything else of relative value. Of course, the entire bartering process tends
to work best when utilised from the start rather than as a substitute for
nonpayment of services.
The
only other viable option a process server has is to simply turn the other cheek,
cut his or her losses, and move on. Pursuing
the attorney, process serving firm, private detective agency, or individual may
turn out to be more of a headache than it is really worth. Indeed, the recoverable amount may not be
worth the time or effort. Plus, collecting
on a judgment is not always easy and may require even more time and resources.
On the other hand,
licensed process servers and private investigation firms should not let
unscrupulous companies run all over them.
By doing so, they might become emboldened by the apathy and are more
inclined to keep doing the same thing to others. Process servers and private eyes must strive
to protect one another and their fields both professional and respectable.
Sometimes
clients will write bad checks or will initiate a chargeback on their credit
card authorizations. If the process
server or Oklahoma private investigator has already meritoriously performed the
work, then this kind of misbehaviour on the part of clients is just as
unprofessional as those who refuse to pay at all. Sometimes it is even more damaging, because
it can cost the Oklahoma process server even more money, time, and can hurt his
or her reputation within the financial community. Once again, process servers have many options
at their disposal.
Aside from the
other methods previously discussed in this article, a good Oklahoma City
private investigator can also take other action against bad check and credit
card users. In these cases, process
servers can also contact their district attorney’s office to press charges
against bad check writers. In addition
to other civil action their might pursue, this can add criminal charges to the client’s
list of new problems as well.
When clients initiate
a chargeback on a credit card payment, private investigation companies can and
should actively participate in every part of the dispute. All too often, companies like Paypal www.Paypal.com will try to side with the
consumer too easily, leaving the seller or provider of goods without proper
payment. Private investigators should
stick with it each step of the way, taking action against the credit card
companies, if needed.
It
is vital that process servers and private detectives remember that most clients
will happily pay for good service.
Indeed, sometimes attorneys and other professionals just become so busy
and backlogged that they may accidentally forget about making a payment. Their staff may become sick, or they may
think that they have already paid the amount they owe. By taking a more diplomatic approach,
Oklahoma City private investigators and process servers can offer gentle
reminders via e-mail, mail and telephone calls.
Sometimes clients need more time to pay or would prefer to make a
payment by credit card or via another alternative method. Process servers and private investigators who
work with their clients instead of against them will go further.
When
it comes to getting paid, licensed process servers and private detectives in
Oklahoma and elsewhere have a variety of options at their disposal. From preventive measures to collection
procedures, there are many ways to minimize exposure to clients who cannot or
will not pay their bills. By
ascertaining which option is best according to each situation, Oklahoma City
private investigators and process servers can often regain their hard earned
money in the most professional way possible.
