KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Can collection cases ruin your reputation  
September 17, 2021
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Can collection cases ruin your reputation
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Ken
          I have several subscribers who are in default and I am concerned about going after them.  I don’t want to sue. I already have a bad reputation from the last time I did that. I’m in a small town and word gets around. 
I’d like to at least collet my cost so far; I’ll be a bit more patient and nag the subscriber some more. 
JR
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Response
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          Sometimes discretion is the better part of valor.  Another Shakespeare quote, which generally means that caution, is better than rash courage or that discretion is the best kind of courage.  Your reputation is probably more valuable than the alarm contract in default [though perhaps not].  It doesn’t take much to post disparaging remarks on social media and the posting, no matter how obscure, may result in the loss of business. 
          It’s a tough call because even when the disparaging remarks have no validity, in fact may be a complete fabrication; it’s still hard to get it taken down.  Typically the people posting often have nothing to lose so going after them is a waste of time.  Posts like these are made defensively in response to aggressive collection efforts, but can also be made unprovoked.  It’s the world we live in.  You certainly are not wrong for being shy about pursuing claims, though usually you [and certainly my staff in the collection department] should have some idea that we are dealing with a nut; a pretty good reason to stay clear.  Of course maybe you should have figured that out before you agreed to work for that kind of person.
          By the way we did include a non-disparagement provision in the Standard Form Agreements but I believe we removed it because some jurisdictions prohibit it.
          Let’s hear a few stories, from anon obviously.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com