Technology has been a blessing in countless ways. Agreements can be sent out electronically to prospective clients. Clients are able to review, and, if need be, make any revisions. The contracts can be “signed, sealed and delivered” with just a few keystrokes. Although it is faster and easier to get the agreement signed, does the aid of an electronic signature help get your New York Debt Collection claim paid?
Electronic signatures may be valid for credit card authorization, work authorizations or, just in general.
The necessity of printing a contract to sign it, scan it, and send it back is no longer a necessity thanks to “electronic signatures”. Thanks to the E-Sign Act of 2000 (Federal Electronic Signature in Global and National Commerce Act (E-Sign)), electronic signatures and electronic copies of contracts may be just what you need to show a valid agreement and enforceable under conditions and can help facilitate payment on your New York Debt Collection claim.
As with all agreements, you will need to prove there was an agreement, performance and more. (For a further discussion of the elements necessary to prove a valid agreement, click here to read our blog on the subject.
Electronic signatures are enforceable but the party seeking to enforce the agreement (and get paid) must prove the validity of the signature. You have the extra burden of proof. You must prove that the signature on the contract is that of your customer.
When shopping for an e-signature vendor you will want to make sure that they have the necessary controls in place so that you will have no problem authenticating the customer’s signature thus permitting you to enforce the agreement, thereby moving closer to getting paid. These controls should include:
- Disclosure and consent. The signor needs to advised that they are signing a legally binding contract.
- There must be an audit trail, a detailed log of the actions taken on a document to prove the events that led up to the signature of the document.
- The electronic signature should require authentication to prove that the signor is who they say they are.
- The signor must intend to sign the document. Intent is a legally required part of any electronic signature process, and it should be clearly captured for every signer.
Being able to show the customer that you have a valid agreement may even bring you closer to getting paid without help. If that fails, an enforceable agreement is one of the two components needed to get you paid .
For more information about the documentation needed to prove a New York debt collection case or to help collecting monies owed you, contact FFGN. we have the experience that pays….