that’s just nasty

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that’s just nasty

Threaten to post details of the debt on to Facebook, Twitter, a blog or whatever social networking website they may have. Most of them allow for comment or input from a third party.

(don’t actually do so before checking with your lawyers first)
 

Embarrassment. A great tool (threat) to use when chasing slow payers. I discussed using this highly effective tactic in two earlier posts … robynne’s childcare centre and did you hear about …. but this one really takes the cake.



The precedent was set back in 2008.

A judge of the Australian Capital Territory Supreme Court recently upheld the right of lawyers to serve legally binding court documents and notices by posting them on defendants’ Facebook sites. It was a legal first.


Apparently, the plaintiff applied to the Supreme Court to use Facebook to serve notice of a judgment on two borrowers who had defaulted on a loan. The debt was in the order of $150,000. It was to refinance a mortgage. The defendants didn’t appear in court to defend the action and the plaintiff was granted a default judgment for the amount of the loan and for possession of the house. But for the defendants to be served with the judgement, they had to be found first.

After private investigators and numerous other attempts failed to find the couple, the lawyers identified the Facebook profiles of the defendants. They convinced the court that those profiles did belong to the couple. They also satisfied the court that communication through their Facebook pages was a sufficient means of communicating with the defendants.

The papers were served on the defendants – in the defendants own Facebook sites!



So, the precedent is there – set back in 2008. The plaintiff was MKM Capital. more details here … You can quote the case and threaten to post the details on your debtor’s site. (But do double-check with your lawyer first before you really do post anything!)

By | 2018-09-03T07:17:12+00:00 January 28th, 2009|miscellaneous|0 Comments

About the Author:

Have you ever wondered why a client does business with you and then ignores your invoice like they had no intention of paying it in the first place or they treat you like their own personal line of credit, leaving YOU dangling, waiting months for their payment? Unfortunately this situation is all too common and can even be puzzling for the most experienced business owner. If you’ve ever had to handle outstanding accounts or you are just so over non-payers, then we can help. Real-world skills, solutions, tips & strategies to get more accounts paid on time, and, most importantly, how to maintain customer goodwill while keeping YOUR cash flow in the positive. You will find the blog posts helpful but to get real results, contact us by using any of the forms on this site, by email or by phone. I’ve been involved in the management of accounts for over 30 years, heard every excuse in the book, can spot a non-payer at 20 paces. Finance Companies in the 70s (systematic, tough), professional firms in the 80s (no systems, too gentle) and, since then, just about every other sort of business you can think of. I’ve written books on the topic, spoken all over the place about it and the blog in this website is my way of “giving back”. I hope you find it helpful.

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