How Process Servers and Private Investigators Can Effectively Handle Deadbeat Clients

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.