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PRINTING INDUSTRY CREDIT BUREAU 
(847) 265-0400
ISSUE # 21
JULY 2013
 
GEEK SPEAK

 

You must be the guardian of your own gates,
because if you are not watching for unwanted
intruders.....they are watching YOU!
 DEWEY CHI'TING
LARSON  NY 

july 1    july 2

ORIGINAL ARTWORK BY MARC.ART, INC.
ASK AN ATTORNEY

 
 
Q: "What are the pro's and con's of using post production/delivery customer service surveys in enhancing our rights against frivolous defect claims?"

A: Don't use a written survey as less than 1% reply. Use a Customer Service Rep or the Sales Rep to call and inquire about customer's satisfaction, and generate a report in your file and/or computer.   This may show that any subsequent "Complaints" were generated after the account was past due and is contradicted by their favorable comments in the survey.  
 
Joseph A Marino  
Clifton NJ 
  
A: There is probably no downside to inquiring about the quality and receipt of the last shipment sent to the customer.  If the customer is unhappy, there is still time to correct the problem.  The Uniform Commercial Code permits a seller a reasonable amount of time to cure any alleged defect in the goods sold. 

 

If the customer indicates that they are happy with the quality of the goods produced, that statement can be used later, if debt collection is required.  Statements made by a party can be used against them at trial.

 

If the customer claims not to have received the goods, it will be easier to get proof of delivery sooner, rather than months or years after the fact.  Often, claims against the common carrier must be made in a fairly timely manner.

 

Elliot Portman 

Roe, Taroff, Taitz & Portman LLP  

Bohemia NY 

 

 

A: I think one of the most important considerations in obtaining any type of benefit from a survey that is completed by the debtor in referenced post-production or delivery is, Who completes the survey and when it is completed. If the survey is completed by a low level employee and it is favorable to client, at a later date the customer can claim that that employee did not have information or knowledge regarding the later raised disputes. If the survey is unfavorable, the debtor/customer can claim at a later date that client was given notice early that there was a problem and, therefore, if nothing was done to solve the problem, that is a valid reason for withholding payment.

 

Any survey should be directed to an owner, officer, or other high level person working for the customer, and should be requested within a certain period after delivery. Then, if the client receives a favorable survey and the debtor attempts to raise an issue regarding defective goods at a substantially later date, client can use that survey to distinct advantage. In Wisconsin, we have a theory known as "account stated." When goods and services are provided and there is an admission of the debt by payment or otherwise, which would include acknowledgement in writing that the money is due or that the goods and services have been properly provided, a new cause of action is created. Client can then sue based upon that admission and many times be able to overcome by summary judgment, any defenses, including defective goods, that the debtor raises after that admission has been made.

 

As long as the survey is directed to a high level person and requested back within a specific period of time, I believe that it can be beneficial at a later date in pursuing collection of the account and overcoming claims of defective goods that the debtor may try to raise at a later date as a way of stalling collection.

 

William A. Rinehart

Rinehart, Scaffidi & Mathews

Milwaukee WI

 

 

A: Documentation is the key to proving any case at trial.  The more documentation that a creditor can provide to legal counsel makes for a successful outcome at trial.  The legal system allows the filling of defenses for any claims that are brought.  Typically the defense attorney will file an answer and affirmative defenses alleging boilerplate language including defects and or failure to supply contracted items.  More oftentimes than not this is the first time a creditor hears of these complaints.  As a good litigation practice we must tackle the issues head-on.  Not only can the attorney use the customer service answers during litigation it may assist the small business owners to recognize problems that were never brought to there attention. 

 
The knowledge gained from the survey can assist in making a decision to send to collection therefore recognizing any potential serious issues and not forcing the issue resulting in a serious counterclaim being filed alleging damages.  In my opinion the more information we have the better/more successful the outcome.
 

Michael S. Baim, Esq. 

The CKB Firm 

Chicago IL 

 

LET PICB HELP YOU BE AWARE!


COLLECTION SERVICES: PICB is the Graphic Art Industry's dedicated credit and collection agency. With more than 35 years of experience helping printers get paid from slow and non-paying customers our expertise will earn your respect and gain your trust. Our rates are below industry averages but our results are superior.


RESOURCES: PICB's web portal to government websites that provide real-time, free information that can be helpful when determining a customer's stability or viability. These sites provide users an ability to verify business registrations, civil records, lien information and much more.


DUE DILIGENCE REPORTS: When you don't have the time to review the information provided by the customer, PICB will do it for you. Our reports are compiled the old fashion way of 'hands on' extensive research while using the 21st century tools to maximize results.


RISKEE BUSINESS: PICB's free service that provides unlimited access into our extensive database to determine if a potential customer is already known to PICB.

Survey Suggestions and Tips 

 

Survey's are an important part of any printer's arsenal and should be used as a source of protection and as a way to make your company better. Having a paper trail that shows your services were provided and that the customer was satisfied can help in the event of non-payment down the road. There are several different ways to conduct a proper survey. A survey can be requested via email, through conventional mail, or via telephone. No matter which way the survey is conducted always make sure the respondent is qualified and authorized to do so. 

 

SAMPLE QUESTIONS 

 

How would you rate the salesperson/customer service rep that had handled your account?

 

Was the requested work completed/delivered within appropriate time parameters?

 

How would you rate the finished product?

 

Were your invoices received in a timely manner and were they accurate? 

 

How would you rate the color, clarity and or finishing if applicable?

Are there any other unresolved issues?

Would you recommend our company to others looking for similar services?

Is there anything we could do to make your experience with our company more pleasurable?

Additional Comments:

 

 

Using a survey can be a powerful tool when done correctly. Contact PICB and we will help design a survey specifically for your company.  
 
In This Issue
CREDIT TIPS
DEWEY CHI'TING
ASK AN ATTORNEY
KREDIT KARMA
Quick Links  

PRINTING INDUSTRY CREDIT BUREAU CONTACT INFO: 


ANDREA SCHLACK
PRESIDENT

 

DENNIS ADAMS
VICE-PRESIDENT
COLLECTIONS MANAGER

 

RICK CRUZ
CHIEF RESEARCH 
OFFICER

 

DAN COMER 

OFFICE ADMINISTRATOR

danc@picb-us.com

 

KREDITKARMA

DON'T GET BITTEN TWICE

 ******************

UNCOLLECTED

JUDGMENTS JULY 2013

FOR A COMPLETE LIST

GO TO 

www.picb-us.com

   

ALEC BOWERS DBA DIAT CONCEPTS LTD

IL

 

ANDREW EPERI INDIVIDUALLY AND DBA AFRIQUE

IL

 

ALEX FINO DBA SF TRANSPORT SERVICES

PA

 

ASSOCIATED AIR PRODUCTS

FL

 

BERG PRINTING ENTERPRISES LLC DBA MASTERPRINT

WI

 

CMY&K ADVERTISING

 NY

 

CMY&K PUBLISHING

 NY

 

DALE JASLOVE IND D/B/A HEALTHCARE CONSTRUCTION

 MI

 

DBR ENTERPRISES INC & ANNA FREGRON AS PERSONAL GUARANTOR

SD 

 

DESI TALK INC. A DISSOLVED IL CORP & HEMANT BRAHMBHATT DBA  

IL

 

FRANK FINOCCHIARO INDIVIDUALLY & T/A LBT SYSTEMS & LBT SYSTEMS INC.

 NJ

 

HI INDIA, INC.,

 IL

 

HIGHER STANDARD ENTERPRISES INC D/B/A I TOUCH PUBLIISHERS.COM
NC

 

HIP HOP WEEKLY
ENTERTAINMENT, INC
FL

  

HOME VIDEO STUDIO INC IN

 

HOMETOWN HEATING & COOLING INC AND RICHARD E FOX INDIVIDUALLY

 NY

 

INDIAN HILL SYSTEM INC AN IL CORP AND ROBERT KELLY D/B/A
IL

 

JILL MORGE

NTHALER FOR CONGRESS
IL

 

JIM WEEMS D/B/A
J PRINT SERVICES
ID

JOSEPH D RINDER INDIVIDUALLY AND D/B/A BELTONE HEARING AID CENTER

 NJ

 

KARRY MATHESON INDIVIDUALLY AND D/B/A MATHESON CUSTOM PRINT

UT

 

KENMAR STATIONARY

 NY

 

KRISTYS MOORE A/K/A KRISTYS WAGGONER D/B/A ORION PUBLISHING
CA

  

LISA DOTE INDIVIDUALLY AND D/B/A G GRAPHICS AND D/B/A PRINT THIS

 IL

 

PET ENTHUSIAST PUBLICATIONS INC
NE

 

PHILIP D CHRIST D/B/A GREAT IDEAS
NY

 

PHILIP BASILE D/B/A P&M GRAPHICS
NJ

 

PHILIP BASILE D/B/A MINK INC
NJ
 

 

REACH MARKETING SOLUTIONS LLC

GA

 

RICK VETKOS DBA

BELTONE OREGON

OR

 

RODD MURPHY DBA

RODD MURPHY & ASSOCIATES

NY

 

RON CARTER DBA

SOUTH STREET JOURNAL

IL

 

RUMORS ON GRAND INC. A DISSOLVED CORP & KATHLEEN M VOGT AKA KATHLEEN TEWS 

 IL

 

SANDESH PUBLICATIONS, INC. 

IL

 

SANDESH PUBLICATIONS INC & HEMANT BRAHMBHATT AS GUARANTOR

IL

 

SEARCH 1 AMERICA F/K/A LUX PREMIER LUX PUBLICATIONS LLC DBA LUX PREMIER

IN 

 

 

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