Can anyone help? What do you do when you received an invoice from a factoring company and there is an assignment letter signed by the owner, then 2 weeks later you receive another assignment letter but from a different factoring company( and the owner has signed the assignment letter once again)
Factoring legal question
- Thread starter Henry
- Start date
30
Call the owner and ask him what’s up? It is my understanding that once you receive a notice of assignment, all invoices you receive pertaining to that carrier are due to the factoring company, until you receive a letter of release from the factor. Perhaps in your case, the carrier has changed factors and you have yet to receive the release from the first one.
I wouldn't pay any of the bills until you receive a letter of release from one of the factoring companies.
30
Henry, I'm confused. It sounds like you have two release letters from the second factoring company and none from the first. I would expect to see - in this order - an assignment to the first factor, a release from the first factor and then an assignment to the second factor. If you don't have this, ask more questions.
Then I agree with @Leonesa78. Don't pay until one is provided and there is no ambiguity.
Just make sure your I is dotted and T is crossed before any funds given out to anyone
20
Several years ago, there was a company called Sam's Transportation & Brokerage. The owner signed up with one factoring company, they did their due diligence which was simply a PPSA search, and saw no other secured creditors. The following day, he went to another factoring company, and sold them the same invoices. They did the same.
Because it takes a couple of days for the PPSA registration to be searchable online, and because neither company did a second PPSA lookup a few days later, neither knew of the other until it was too late.