Completed an assignment in January for Trinity Document Solutions out of Florida (Tracie Keeter). Have not received payment and website indicates they are out of business. Has anyone else had this issue?
Thanx
Debra
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Website also indicates you are to submit an invoice and they will pay all invoices due. I’d follow the instructions on the website and send another invoice with a W-9 (so they can’t delay saying they need that).
Good luck
Thnx however i read and followed the instructions on the website when i completed the signing in January, (filled out the closing report and submitted W9, mailed invoice as indicated). Have now emailed and mailed another invoice.
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Hi Debbie,
Thank you for sharing this. I completed a signing for them in February. I’m waiting to paid as well. I followed the instructions on the website too. I sent multiple emails, called multiple times, and physically mailed an invoice.
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I’m afraid we’ll probably have trouble getting paid. I did a signing for Tracie Keeter last October and have only received promises of payment. She removed her personal listing from Notary Cafe recently too. I’m considering legal action and will keep you posted. We work hard and her jobs cost us money. It’s a shame.
I sent a third request for payment today via mail and e-mail. Apparently from the Florida corporations website her home address is [REDACTED by Notary Cafe moderators] This time I mentioned I would escalate further and report her to all the Florida divisions (Secretary of State, Licensing Bureau, credit bureaus, better business, etc. We shall see. One time WIZ signing did not pay me and I sent a similar letter and was paid, however, since Tracie’s business is now closed, not sure this will help, however will try. If you take legal action Nance, are you talking about small claims court? I agree we work hard for our money. It seems in addition to the signing fee, there should be some compensation for time and effort to obtain payment too.
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Hi Debbie, I plan to send her one final letter, giving her a heads up, and then proceed to Small Claims Court. It only costs $80 to file a claim, and I will ask for costs and interest. She was paid for my work six months ago and her lack of financial management is not my issue. Let’s keep in touch re progress. I hate to do this, but I’m not big on theft of services. Thanks.
I agree. I did send another letter both to her business address and what appears to another address (which is public info on Florida Secretary of State website); however, I don’t think I can file a small claim because I don’t live in Florida and it looks like you have to appear in person in court. I will reach out to the better business bureau and other entities if need be although not sure that’s going to help any.
@debbieparker99 Check your Small Claims Court regulations … most likely easily available online. The Rules of Civil Procedure should tell you where you can file.
@debbieparker99 Check your local/state court rules…it will tell you what matters can be filed there and the limits of damages they will hear. For example, in Florida we can file where the loss occurred - which for me would be our local county court and not in the state where the company is located. You can find your state’s regulations in your state’s Bar Association website or in the Rules of Civil Procedure for your state.
Also beware of this - did you sign any agreements with the company? Those agreements usually contain a clause that (a) you agree to arbitration over disputed fees or (b) you agree the laws of the state where the company is located is the court of competent jurisdiction. IOW, their GOTCHA clause.
Hope this info helps
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I received a check last Monday from TDS. Hope your situation is resolved soon too. 
@nance832
Can you tell me the address to send my invoice too?
She hasn’t paid me for a closing I completed in January of this year.
Thanks.
Rather than Small Claims Court (where you’ll only get a judgement and YOU have to figure out how to collect the money), try this: http://www.irs.gov/pub/irs-pdf/p4681.pdf?fbclid=IwZXh0bgNhZW0CMTAAAR36edb71lFvi3WmYWoAC4npY_bgDFfWtFdTGxr4XUdb3fGZIN4rwtUG6bU_aem_ATbsfv9OFL9bwPMpVb9W_NSYYNy-fMKvaCTFZFUlNKcaK9UE67bL38FMhwLPyhcOS-M7bRGqwpTG4C-x0N_0oJVX
Fill it out, send it to them & tell them you’ll send it to the IRS if you aren’t paid so they’ll have to pay taxes on the money they didn’t send you.
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Kindly reach me via email: Notarynance@gmail so I can respond without doxing TDS. I’ll be happy to help you.
Hello.
Pleae confirm your address. Thanks
This has some very specific requirements and regulations to follow before filing a 1099-C. It would be best for those interested to speak with a Tax Professional before proceeding.
Excellent advice from someone who KNOWS far better than I. But, when all else has failed to produce payment, this ‘threat’ might work. Just as letting TC know SS hasn’t paid you doesn’t guarantee payment–& filing a lawsuit only gets you a judgement, this is just another tool to consider…carefully.
Now that I’ve a few minutes freed up, let me expound further on filing a 1099-c. Filing a 1099-c indicates the debt is forgiven, meaning you can no longer longer take further collection efforts.
The 1099-c reports the unpaid debt as ordinary income subject to taxes. For example; assume $200 in unpaid notary services taxed at 20%, puts the taxes owed at $40. A SS may be willing pay the $40 in taxes for an uncollectable $200. It’s a win for the debtor.
To file a 1099-c you’d need the debtor’s taxpayer ID number, SS or EIN. This can be difficult to obtain if they’re out of business or non-responsive. If you’ve been engaged with them for longer than a year and you did more than $600 in business with them, you’ll find their EIN on the 1099-NEC they sent you for the previous year.
Notaries can deduct the bad debt as a business expense as long as you’ve made effort to collect. Effort to Collect means numerous emails, phone call, certified letter to their known address. I usually include both a certified letter and a FedeX or UPS letter that they have to sign for. Keep records on the date, time, who you talked to, unanswered calls…etc. If the IRS were to audit you for expensing uncollectable debts you’ll have all your records in order. You’ll want to include in your tax return’s notes the name of the Signing Service, name of the principle, their address, and other relevant information. If IRS spots a pattern IRS may open an investigation/audit of the SS.
You can also send a collection letter to the Title Company, Certified mail or signed package, letting them know what happened.
All for now, wish everyone the best.
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