| Pages in topic: < [1 2] | Has anybody ever dealt with a client in DPA (Deferred Prosecution Agreement)? Thread poster: Davide Leone
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Davide Leone 
United States
Local time: 22:53
Member (2015)
English to Italian
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TOPIC STARTER
Teresa Borges wrote:
Chasing clients for money they owe you for work you have done isn't fun and is probably the hardest part of the job. I do hope the money they owe you isn't huge. Good luck!
Unfortunately it's a few thousand dollars.
Thanks for the well-wishes.
[Edited at 2021-03-12 15:50 GMT]
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For most translators, the loss of a few thousand dollars is large enough to threaten to undermine their financial security and stability. Even if you believe that you'll be unsuccessful I think you should always try. It’s important that you find a lawyer who has the resources and experience to handle your claim. Search for a lawyer specialized in commercial and business legal matters, preferably someone who is familiar with translation services.
| | | | Davide Leone
United States
Local time: 22:53
Member (2015)
English to Italian
+ ...
TOPIC STARTER
Teresa Borges wrote:
For most translators, the loss of a few thousand dollars is large enough to threaten to undermine their financial security and stability. Even if you believe that you'll be unsuccessful I think you should always try. It’s important that you find a lawyer who has the resources and experience to handle your claim. Search for a lawyer specialized in commercial and business legal matters, preferably someone who is familiar with translation services.
Unfortunately that's exactly what the situation is.
I am looking for a lawyer specialized in collection and already tried to contact three of them, but they haven't replied back to me yet. I'm not sure whether I will be able to find one that is specialized in translation services.
| | | | Kevin Fulton
United States
Local time: 22:53
German to English
| Check for bankruptcy | Mar 13, 2021 |
This sounds like a potential bankruptcy, in which case, you're unfortunately out of luck as an unsecured creditor.
You can check for a filed bankruptcy through the federal PACER system:
https://pacer.uscourts.gov/find-case/search-national-index
You'll have to register and pay a fee before you can access the index.
Good luck!
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Davide Leone
United States
Local time: 22:53
Member (2015)
English to Italian
+ ...
TOPIC STARTER
Daryo wrote: Davide Leone wrote: Daryo wrote:
if it's still showing as "active" and they must have some publicly available contact details.
Not 100% sure about it, but I can't see why would this DPA (Deferred Prosecution Agreement) wipe out their debts, so they still owe you money.
Just contact them using their official contact information - there must be some somewhere.
Can't see any particular problem. Consider yourself lucky they were not closed down / gone bankrupt - THAT would be a real headache for you.
My client is a corporation therefore they have a Registered Agent listed in the State Secretary's website. This morning I was able to talk on the phone with this Registered Agent who told me that the company ceased operations and that he no longer represents them. So he is either lying or the information on the State Secretary's website hasn't been updated yet. He also said that the company will proceed with dissolution without filing for bankruptcy because they didn't have any asset. I think my best shot at this point is to rely on a lawyer to figure out what to do. I also thought about filing a claim with the small claim court, but is it worth winning a judgement on a company which is shutting down and has no assets? Don't know the technical details for US, but in UK someone "not representing any longer a company" would triple quick make sure that the fact is recorded in the relevant official register of companies. Also, from what I could find about DPA, it they were about to shut down they wouldn't obtain one. The whole point of a DPA is to avoid "terminating" the business - in UK only big viable businesses (close to the category "too big to fail") get to agree a DPA instead of being prosecuted. Obtaining a DPA instead of being prosecuted and then shutting down and having no assets"? Being some "small fry" company with no assets and at the same time being big enough to be able to break antitrust laws? Yeah, sure ... I would check all that by myself. [Edited at 2021-03-12 00:50 GMT]
Indeed I don't really believe that the Registered Agent no longer represents them and that the company has no assets. I mean this is a company which has been in business for 23 years and which has issued 25 thousand shares.
The only thing I know is that the company shows as active and in good standing in the State Secretary's website, but somebody in this forum was saying that this website is not an accurate source. I wonder which source I should consult to get more updated information.
I found online the whole DPA document which is as recent as January 2021, and as you said, it doesn't make sense to obtain a DPA and shut down the business anyway. In the DPA I found out that even the parent company was involved in the scandal, and it actually already shows as inactive in the State Secretary's website.
The reality is that I cannot get a hold of anybody in the company. I tried emailing the PMs I used to work with, but the emails came back to me undelivered. Same thing for the accounting department. The only emails that did not come back were the ones I sent to the president of the company who never replied to me.
The DPA was signed by "a director" of the company, somebody I never heard of, and right now I'm trying to search more information about this "director". Maybe I can find some contact information about the director and attempt to contact this person.
| | | | Davide Leone
United States
Local time: 22:53
Member (2015)
English to Italian
+ ...
TOPIC STARTER
Kevin Fulton wrote: This sounds like a potential bankruptcy, in which case, you're unfortunately out of luck as an unsecured creditor. You can check for a filed bankruptcy through the federal PACER system: https://pacer.uscourts.gov/find-case/search-national-index You'll have to register and pay a fee before you can access the index. Good luck!
I checked the PACER system, and nothing came up. I guess that if their intention is to file for bankruptcy, they haven't done it yet.
When I spoke with the Registered Agent and he told me that the company went out of business, I asked whether they were going to file for bankruptcy. He replied that it was not worth it because they didn't have any asset. But as somebody else was pointing out in this forum, how is it possible that a corporation which obtains a DPA from the government has no assets? Something really doesn't add up.
| | | | Adieu
Ukrainian to English
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Government published information and reviews/complaints (BBB) show a picture of the past, not the current situation
What you basically know about them in the now is that they have had recent legal troubles and seem to have run away
Key words are: not prosecuted YET, haven't filed for bankruptcy YET, unclear who is the responsible party at the moment (and might eventually be some random fall guy)
Also, the subtext may be that whatever assets they HAD, they'v... See more Government published information and reviews/complaints (BBB) show a picture of the past, not the current situation
What you basically know about them in the now is that they have had recent legal troubles and seem to have run away
Key words are: not prosecuted YET, haven't filed for bankruptcy YET, unclear who is the responsible party at the moment (and might eventually be some random fall guy)
Also, the subtext may be that whatever assets they HAD, they've sold/embezzled before running away from impending prosecution ▲ Collapse
| | | | Davide Leone
United States
Local time: 22:53
Member (2015)
English to Italian
+ ...
TOPIC STARTER
Adieu wrote:
Government published information and reviews/complaints (BBB) show a picture of the past, not the current situation
What you basically know about them in the now is that they have had recent legal troubles and seem to have run away
Key words are: not prosecuted YET, haven't filed for bankruptcy YET, unclear who is the responsible party at the moment (and might eventually be some random fall guy)
Also, the subtext may be that whatever assets they HAD, they've sold/embezzled before running away from impending prosecution
So basically there isn't any way or any source to turn to in order to figure out what's going on right now with this company.
What would you do at this point if you were in my shoes?
First I though about hiring a lawyer, but then it felt like it might not be worth the expense. Then I thought about filing a claim with small claims court, but then I realized that winning a judgment on a company which will probably be impossible to collect from is not worth it. Then I though about turning my receivables for this account to one of those collection agencies which charge just in case they are able to collect anything.
I'm really at a loss for solutions with this client.
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Adieu
Ukrainian to English
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| Hard to tell | Mar 24, 2021 |
Collection agency sounds like the best of a bunch of bad choices.
IF they even decide to take it off your hands.
| | | | Davide Leone
United States
Local time: 22:53
Member (2015)
English to Italian
+ ...
TOPIC STARTER
Adieu wrote:
Collection agency sounds like the best of a bunch of bad choices.
IF they even decide to take it off your hands.
Unfortunately at this point all is left is bad choices.
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