Velvet_Ice
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Am I crossing a line here?
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My boss gave me a list of people who owe our business money so I could try and collect it from them. I started looking them up on facebook and am tempted to contact them via a private message and ask them to contact the office so we can talk about it. My boss is in a meeting and will be for the next few hours so I thought I would come to the all knowing ACF.
Also, I would be contacting them under the office facebook page. Not my personal one.
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Shazami
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I would think so.
They'll be like "omfg, stalkers!!!"
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Immortal_Haze
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Not quite sure that strikes me as professional, but I don't know the entire situation.
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aon_mixed
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rabbitslayer
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email system broken?
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regulator_cracka
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A few factors involved here. It first depends on what time of business. If it something like an ISP or web development, not so bad. If it [is] say medical or something, see below.
Using the company FB page is better, however you are still approaching their personal web space which seems very unprofessional, once again depending on the business.
Why not do the crazy thing companies have done for decades and make a phone call and/or a letter/bill in the mail. *Or yes: rabbitslayer posted:
email system broken?
If as expected, you are a drug dealer, then yes this seems very fitting.
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Velvet_Ice
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Immortal_Haze posted:
Not quite sure that strikes me as professional, but I don't know the entire situation.
One client in particular owes us over 5k. She moved and changed her phone number so we haven't been able to collect the money from her. This is the first time we have found her in almost 2 years.
A lot of people on the list did stuff like this.
I am going to run it by my boss before I actually do it, but wanted everyones thoughts on it.
edit: I work for a Family Law Firm. A lot of people stop checking the e-mails that they give us and change their numbers or move when the final decision is something they don't like.
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regulator_cracka
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Velvet_Ice posted:
Immortal_Haze posted:
Not quite sure that strikes me as professional, but I don't know the entire situation.
One client in particular owes us over 5k. She moved and changed her phone number so we haven't been able to collect the money from her. This is the first time we have found her in almost 2 years.
A lot of people on the list did stuff like this.
Collection agency or lawyer is your only hope then at this point. With that time frame, you more than likely are not getting paid, but you can f up their credit rating some.
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aon_mixed
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you can use facebook to get their contact information, though you should not use it as a means by which to notify or collect...
reason i say this is because of the FDCPA, which states that unless you can verify that the person to whom you are speaking to is the actual first person (who owes the money) or the third party (authorized designatee or co-signer) you may not discuss the debt with anyone.
you as a collector type person cannot be sure who is reading or responding to a facebook message.
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HeartView
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2 years? Ever thought of hiring a collection agency?
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TheUnholyGhost
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If someone owes my business $5,000, I am going to contact them in any way possible to get the debt resolved.
I would contact them politely over Facebook requesting that they contact the office.
If they did not respond, I would send a second politely worded request instructing them to contact the office. But I would include that this will be the last communication, and from that point, I'd be going to a debt collection service.
F them.
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Velvet_Ice
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aon_mixed posted:
you can use facebook to get their contact information, though you should not use it as a means by which to notify or collect...
reason i say this is because of the FDCPA, which states that unless you can verify that the person to whom you are speaking to is the actual first person (who owes the money) or the third party (authorized designatee or co-signer) you may not discuss the debt with anyone.
you as a collector type person cannot be sure who is reading or responding to a facebook message.
Awesome point. However, as TUG pointed out, would I be able to just request they contact the office about their outstanding balance? Or maybe just contact the office?
HeartView posted:
2 years? Ever thought of hiring a collection agency?
I just started doing the collections. I'm going to talk to her about this and garnishing wages to see why she hasnt done it in the past.
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Dark_EternalFF
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You should show up at their goddamn houses with a pair of greasy Italians wielding crowbars and handguns and demand the money.
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ikkoikki
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Dark_EternalFF posted:
You should show up at their goddamn houses with a pair of greasy Italians wielding crowbars and handguns and demand the money.
or Russians.
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Tipztoe
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pretty sure combat will bust their kneecaps for a 30 of natty light
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Hawkson
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First step, I would think, is to check the regulations regarding collections in your state.
You may be very limited as to how you are allowed to make contact regarding outstanding debts.
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Immortal_Haze
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IMO, the time to "work something out" ends when they change their communication information to something you don't have access to. Collection agency - let them do the harassing to get your payment.
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Dark_EternalFF
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ikkoikki posted:
Dark_EternalFF posted:
You should show up at their goddamn houses with a pair of greasy Italians wielding crowbars and handguns and demand the money.
or Russians.
I do like me some beefy Russian men.
...wait...
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-Foxy-
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so what did your boss say?
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purplehugmonkey
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I think this would be completely inappropriate.
You can use it to find direct contact information, but Facebook or any social networking site is a totally unprofessional venue for collection matters.
If you're just information gathering that's cool, as information is public, but I think referral to a professional collection agency would be the appropriate step if you are unable to contact via email, phone, or postal mail.
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Ah-Schoo
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-Foxy- posted:
so what did your boss say?
About big beefy Russian men?
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she will take 2
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OG_Loki
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Our account's receivables is like 30,000 dollars. I was like "whaaaaaaaaaaaat???"
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myxomatosis8
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Friend of mine just had to find some old tenants to collect on some unpaid rent + damage to the place they abandoned. He found out where they lived and everything from their open FB profiles (some people are just so stupid) and eventually got to the point of sending them collection paperwork via registered mail that they accepted.
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Jezza_Belle
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Hire a skip tracer, they know the laws of what is allowed and what isn't in contacting a person.
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aon_mixed posted:
lol
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Velvet_Ice
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Boss said she was leaning more toward no. Jezza, that's another avenue I'm looking into. My process server service does them fairly cheap.
I will just use it as an information tool then.
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Lynea
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purplehugmonkey posted:
I think this would be completely inappropriate.
You can use it to find direct contact information, but Facebook or any social networking site is a totally unprofessional venue for collection matters.
If you're just information gathering that's cool, as information is public, but I think referral to a professional collection agency would be the appropriate step if you are unable to contact via email, phone, or postal mail.
I concur. Being that you're a law firm, you should probably check what's legal in your particular state before using a social networking site to contact clients.
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FineYoungCannibals
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facebook, lol, wait you're not joking
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regulator_cracka
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Lynea posted:
Being that you're a law firm,
Seriously? 
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FineYoungCannibals
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Twitter: FYC: you owe us money bitch, don't make me unfriend you of facebook
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FYC
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regulator_cracka
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Only ghetto people "twitter". No wha Im sayin?
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Dont worry I will give my opinion anyways.
The PvP MMO is NOT a "niche" market, Mythic is just a "niche" company.
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FineYoungCannibals
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maybe it's not so wrong, the more i think about it, times are changin
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FineYoungCannibals
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the ghetto are my people, born and raised for 25 years
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Caoilin
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you birth and raise the people of the ghetto for 25 years? that seems like a lot of work to go through to have a "people" beholden to you.
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jungalist
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As if they would bother answering you
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Caoilin
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yeah that and you don't want to let them know that you now know where they live. like alerting them that you can use facebook to track their broke asses down is a terrible idea. just silently stalk that isht.
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NonOffensiveName
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in some states, non payment is grounds for breaking the attorney/client priviledge...if any of them went through anything *ahem* sensitive information that they dont want leaked out, they might be more inclined to pay up if they are capable :P
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ArmandoFF
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post their info on /b/
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a_bloke
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I would hunt down and f***ing kill a creditor if they contacted me on facebook.
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NonOffensiveName posted:
in some states, non payment is grounds for breaking the attorney/client priviledge...if any of them went through anything *ahem* sensitive information that they dont want leaked out, they might be more inclined to pay up if they are capable :P
Or file blackmail charges against the firm if it went that route...
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NonOffensiveName
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Sgian_Dubh posted:
NonOffensiveName posted:
in some states, non payment is grounds for breaking the attorney/client priviledge...if any of them went through anything *ahem* sensitive information that they dont want leaked out, they might be more inclined to pay up if they are capable :P
Or file blackmail charges against the firm if it went that route...
Its not blackmail to inform a client that their personal information will become public record should they have to be taken to court over a non payment issue. Im guessing most people dont even know that that is grounds for breaking confidence in the first place :P
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NonOffensiveName posted:
Im guessing most people dont even know that that is grounds for breaking confidence in the first place :P
That's because it's not true (at least in the way you described).
True, an attorney can terminate the relationship upon non payment, but all information garnered prior to that termination is still protected.
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NonOffensiveName
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a_bloke posted:
NonOffensiveName posted:
Im guessing most people dont even know that that is grounds for breaking confidence in the first place :P
That's because it's not true (at least in the way you described). True, an attorney can terminate the relationship upon non payment, but all information garnered prior to that termination is still protected.
nope if you take a client or former client to court for lack of non payment and the issue of the case become relevant then you can break attorney/client protection. It does vary from state to state like I said but I know at least in CA its very explicit in the attorney ethics rules that you can do this. :P
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a_bloke
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NonOffensiveName posted:
nope if you take a client or former client to court for lack of non payment and the issue of the case become relevant then you can break attorney/client protection. It does vary from state to state like I said but I know at least in CA its very explicit in the attorney ethics rules that you can do this. :P
Incorrect.
Monday I tell you i killed somebody.
Tuesday I stop paying you (you notify me that you are no longer my attorney)
Wednesday I tell you i double parked outside
The discussion on Monday is still protected under attorney client privilege. the conversation on wednesday is not.
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NonOffensiveName
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a_bloke posted:
NonOffensiveName posted:
nope if you take a client or former client to court for lack of non payment and the issue of the case become relevant then you can break attorney/client protection. It does vary from state to state like I said but I know at least in CA its very explicit in the attorney ethics rules that you can do this. :P
Incorrect. Monday I tell you i killed somebody. Tuesday I stop paying you (you notify me that you are no longer my attorney) Wednesday I tell you i double parked outside The discussion on Monday is still protected under attorney client privilege. the conversation on wednesday is not.
I know wikipedia is not the best source for reference but its the best I could find on short notice. If you want to research more into it then be my guest :P
http://en.wikipedia.org/wiki/Duty_of_confidentiality
The relevant part:Disclosure ostensibly to support lawyer's own interests</h3>Lawyers may disclose confidential information relating to the retainer where they are reasonably seeking to collect payment for services rendered. This is justified on policy grounds. If lawyers were unable to disclose such information, many would undertake legal work only where payment is made in advance. This would arguably adversely affect the public's access to justice.Lawyers may also breach the duty where they are defending themselves against disciplinary or legal proceedings. A client who initiates proceedings against a lawyer effectively waives rights to confidentiality. This is justified on grounds of procedural fairness - a lawyer unable to reveal information relating to the retainer would be unable to defend themselves against such actions.
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a_bloke
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NonOffensiveName posted:
The relevant part:Disclosure ostensibly to support lawyer's own interests</h3>Lawyers may disclose confidential information relating to the retainer where they are reasonably seeking to collect payment for services rendered. This is justified on policy grounds. If lawyers were unable to disclose such information, many would undertake legal work only where payment is made in advance. This would arguably adversely affect the public's access to justice.Lawyers may also breach the duty where they are defending themselves against disciplinary or legal proceedings. A client who initiates proceedings against a lawyer effectively waives rights to confidentiality. This is justified on grounds of procedural fairness - a lawyer unable to reveal information relating to the retainer would be unable to defend themselves against such actions.
Nothing you posted states that a lawyer can disclose facts of a case which could be used against the client.
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NonOffensiveName
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a_bloke posted:
NonOffensiveName posted:
The relevant part:Disclosure ostensibly to support lawyer's own interestsLawyers may disclose confidential information relating to the retainer where they are reasonably seeking to collect payment for services rendered. This is justified on policy grounds. If lawyers were unable to disclose such information, many would undertake legal work only where payment is made in advance. This would arguably adversely affect the public's access to justice.Lawyers may also breach the duty where they are defending themselves against disciplinary or legal proceedings. A client who initiates proceedings against a lawyer effectively waives rights to confidentiality. This is justified on grounds of procedural fairness - a lawyer unable to reveal information relating to the retainer would be unable to defend themselves against such actions.
Nothing you posted states that a lawyer can disclose facts of a case which could be used against the client.
They can disclose facts of a case if they are in a dispute over non payment. If they took the client to court if the facts of the case(the one the lawyer was hired to render services for) are relevant to the latter proceedings then the facts would be on public record. If the client doesnt want information about what happened in the trial to be on the public record they would either have to pay the bill or advocate for the judge to seal the record of the secondary trial. For example, if you hire a divorce lawyer and he handles your divorce but you decide he didnt do a good enough job so you decide not to pay him. Anything you've told him he can use in a lawsuit against you to claim the money he is owed(like for example if you told your attorney that you cheated on your spouse) to prove that he did his job accurately and to the letter of the law. If you as the client dont want that information known to the public then youd either have to pay the lawyer his fees or petition the judge to seal the record of the proceedings of the lawsuit the lawyer is bringing against you.
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JD_HOGG
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Post "Bitch u owe us money" on her wall. I bet that's legal to do.
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a_bloke
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NonOffensiveName posted:
If they took the client to court if the facts of the case(the one the lawyer was hired to render services for) are relevant to the latter proceedings then the facts would be on public record.
Which would never happen.
in what scenario would my clients transgressions have anything to do with his payment or lack thereof?
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NonOffensiveName
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a_bloke posted:
NonOffensiveName posted:
If they took the client to court if the facts of the case(the one the lawyer was hired to render services for) are relevant to the latter proceedings then the facts would be on public record.
Which would never happen. in what scenario would my clients transgressions have anything to do with his payment or lack thereof?
Upholding your client's confidentiality is part of your job. You would then forced to break the confidence as an example of how you have done your job. Otherwise it would be your word against his. I just gave you a scenario the perfect scenario that demonstrates this :P Its a catch 22 I know but lawyers have to be allowed to break confidences sometimes to get what they are due in payments. Else like the article said, lawyers would require payment up front in case someone didnt like the outcome of the case and decided just not to pay.
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