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OT: Any debt collection experts here?

by Bill, Southern California, Friday, December 01, 2017, 10:12

Several years ago, I contracted with a Memphis digital agency to provide services, on a pass-through basis, to a major Mississippi bank. The solution that I provide was to be displayed on the bank's website. The digital agency was the lead for developing the bank's overall website and end-user experience.

My contract is direct with the digital agency. They paid the initial two-year license fee. When the license was up for renewal, at their request, we converted the license to a 'month-to-month' agreement. I then invoiced them monthly for the solution. They were always 'slow-payers', but I knew they were waiting to collect the money from their bank customer, so as long as payments were semi-regular, I didn't press for on-time payment all that hard.

The bank has severed their relationship with the digital agency, but they had an agreement where they would still process my invoices until such time that I could establish a direct relationship with the bank. That happened in September. The problem is, I haven't been paid by the digital agency since February 2017. They owe ~$15k in back invoices.

They don't respond to emails and I'm not getting phone calls returned.

What's the best method to proceed so that I get paid? It is my understanding that the bank has already paid them for the invoices. They're just not paying me in turn.

  189 views

I may know a guy.

by Joe ⌂ @, North Endzone Goal Line, Friday, December 01, 2017, 16:17 @ Bill

He works in favors, only. Some day he will come back and collect. If you like the guys who owe you money, this isn't the guy to talk to.

  57 views

I can probably help you find an attorney in Memphis

by Dave @, Memphis, TN, Friday, December 01, 2017, 12:03 @ Bill

[ No text ]

  59 views

Would you try a collection agency?

by professor @, Tallahassee, Friday, December 01, 2017, 11:10 @ Bill

I used to do accounts receivable for a big law office. When a large amount was owed by someone who was no longer a client (such that a current relationship wasn't on the line), when phone calls and letters didn't work I would dial up collections, and they would handle the dirty work from there.

  88 views

That's a likely fallback.

by Bill, Southern California, Friday, December 01, 2017, 11:27 @ professor

I'd prefer to harass them on social media though, but I'm not sure if that is permitted. It isn't under the Fair Debt Collection Practices Act, but that's consumer-focused as I understand it.

  82 views

Bummer

by jcocktoaston, Friday, December 01, 2017, 10:47 @ Bill

Best of luck. Apologies as it is not my area.

  99 views

Question about your contract

by jcocktoaston, Friday, December 01, 2017, 10:29 @ Bill

Does your contract have a forum selection clause in California or wherever you happen to be? This is not my area of the law but if it is abundantly clear that you can drag them into your backyard, I would send them a pointed letter that they have two weeks to pay before you file suit where you are and receive a judgement for the unpaid bill plus fees plus costs.

Your risk, of course, is that they do not have a pot to pee in from which you can collect on the judgment that you will probably easily acquire.

  112 views

I have to bring suit against them in TN.

by Bill, Southern California, Friday, December 01, 2017, 10:39 @ jcocktoaston

[ No text ]

  85 views

What is the exact language regarding filing in TN?

by Grantland @, y'allywood, Friday, December 01, 2017, 15:21 @ Bill

[ No text ]

  45 views

Here

by Bill, Southern California, Friday, December 01, 2017, 17:01 @ Grantland

If [My Company Name] brings any legal action arising out of or relating to the Agreement, [My Company Name] must institute such legal action in a court of competent jurisdiction in a state or Federal court in the State where Customer’s headquarters reside, without regard to the application of conflicts of law principles and without regard to the 1980 U.N. Convention on Contracts for the International Sale of Goods. If Customer brings any legal action arising out of or relating to the Agreement, Customer must institute such legal action in a court of competent jurisdiction in the State of California, Riverside County, without regard to the application of conflicts of law principles and without regard to the 1980 U.N. Convention on Contracts for the International Sale of Goods

  44 views
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