National Association of Professional Process Servers

Not Set in Stone

I received a call recently from a concerned member. It was expressed that a service was sent to another member that included a scan of the prepayment check which was then mailed to that member. When, after about six weeks, the check was not received, the member billed the submitting member a late fee that exceeded the actual service quote. The receiving/service member claimed validation of such a fee because of a previous article written by this committee that stated panel review committees have been awarding late fees.

My first concern is that this member took the article to mean that one is allowed to bill excessive fees for late payment. My second concern is that the member neglected to work with the sending member in resolving the issue regarding the missing prepayment check before billing for excessive late fees.

To address this issue, I would like to point to a previous blog that addresses this issue in the eyes of the Board of Directors. Any late fees billed should be expressed upon the original invoice and include a percentage or flat rate of such a fee and how often the fee will be calculated.

Remember that there are always several factors that go into grievance matters and the outcome of each case is dependent upon those factors.