Posted by John Schenk on 10/2/09 6:47pm
Msg #305955
I am LIVID and filing suit on 10/08/09...
IF I don't get the $25 balance of a $125.00 fee. Remember that when you send a demand for payment from one of these deadbeats that the demand should include something such as the following language:
THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
You should consult an attorney to decide what language you put in a collection letter. There's a federal statute on it, but I don't have a link for that at the moment. I'm LIVID!
IF YOU WANT TO KNOW HOW TO COVER YOUR HINEY, READ THE FOLLOWING! There are more emails, but I have to think that ALL of you will agree that I covered EVERY base on this closing.
I bent over backwards for this company. Had a closing at 5:45 back in July. Simple refi, as I recall, but the agreed fee was $125.00. I think I actually made a post about them not having a FedEx account and putting on there to "Bill Recipient," and then using their name and address as sender and recipient.
Anyway, had the envelope scanned in at 6:44 p.m. inside the FedEx hub. I came back to the office and sent these folks the printable version of the FedEx TRK page showing it was indeed scanned in at 6:44 p.m.. That showed it would deliver by noon on 07/23/09. Well, it didn't deliver until 07/24/09, and these folks think they're going to dock me $25 because I should have ...HERE'S A PART OF THE EXCHANGE:
*************************************************************************
THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
I BEG YOU PARDON, BETSY! What are you talking about? I closed this on 07/22/09. I shipped this on 07/22/09 and FedEx showed it picked up on 07/22/09. You folks didn't have a FedEx account number, which is probably the reason for the delay in delivery. I shipped it EXACTLY as you told me to ship it. The closing was at 5:45 p.m. and I got it to FedEX AND they scanned it in before they closed their front doors at 6:45 p.m.. I sent you an email showing it was scanned in at 6:44 p.m. on 07/22/09. If you think I doctored it, simply enter in the tracking number I gave you ON THE DATE OF CLOSING #XXXXXXXXXXX. Below is the email I sent you on 07/22/09 confirming that I had shipped it and FedEx had scanned it in.
There isn't another notary here that would have even gotten this one closed and across town to FedEx in time to even get it scanned in for shipping on 07/22/09. I shipped it letter perfect. You have the following email in your In Box. There was NO error on MY part. FedEx should have had it there the next day, but MY duty stops when I handed it to the FedEx employee behind the counter and they scan it in for the date that I dropped it off, which is exactly what happened and I can proved that beyond any doubt, much less by a preponderance of the evidence. I want my $25.00. You're either going to send it to me or I promise you I will go to the expense of filing suit, obtaining a judgment for it, abstracting that judgment in IA, and getting out a writ of execution to collect the judgment, attorney's fees, and court costs.
Here is the email sent to you on 07/22/09. Now you tell me where I failed to "insure that the package was dropped off on time to FedEx." I have the Senders Copy of my FedEx Airbill, which I scanned in and sent to you (see attached AGAIN), so I don't know what you're talking about "getting a copy of the tracking number." I gave you the tracking number (VIA EMAIL, FAX & IN THE FED EX ENVELOPE, AND SENT YOU THE AIRBILL) AND even sent you a copy of the FedEx site tracking confirmation showing it was scanned in at 6:44 p.m. on 07/22/09, the day of the closing. What I sent you, COPIED FROM THE FEDEX TRACKING SITE, showed a delivery time of 12:00 noon on 07/23/09. What ARE you talking about? You say you never received it, but FedEx shows you received it on 07/24/09 at 11:09 a.m.. You didn't receive it? Call FedEx! Not my problem. Their records are proof that I sent it on 07/22/09, and had it scanned in on that date inside their hub. Their records prove they were supposed to deliver it by noon on 07/23/09, and when they deliver it is NOT my problem. I shipped it FedEx PRIORITY OVERNIGHT.
You tell me what else I could have done, other than hand delivering the docs to you myself. That was not what I was hired to do, as I am not a carrier and I do not guarantee anything after I have dropped off docs to a carrier. Here's the 07/22/09 email to you:
*******************************************************************************
Subject: CLOSED: XXXXXXXXXXXXXXXX (BORROWER NAME)
Date: 7/22/2009
From:
Reply To:
To: [e-mail address]
Your FedEx TRK # is XXX. There were no issues at closing. I have copied the FedEx tracking on that envelope. As you know, you didn't have a FedEx account number so I addressed the air bill from you and to you so it couldn't go anywhere BUT to you. I emailed you a copy of the airbill I attached. You will note that PRIORITY OVERNIGHT is checked and circled on that air bill. However, looking on the FedEx tracking, it shows that the envelope will be delivered by 12:00 p.m.. It's normally by 10:30 a.m. so not sure why it's showing up that way, or if that has anything to do with it not having an account number on it. I guess noon is better than it not getting out at all, which it wouldn't have on UPS. Just thought I'd point that out just in case you were trying to schedule this signing for earlier in the day.
Thank you for contacting me for this signing. Invoice enclosed in the FedEx envelope. HAVE A GREAT DAY!
John J. Schenk
1106 Brook Ave.
Wichita Falls, TX 76301
(940) 781-1041
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Jul 22, 2009 6:44 PMPicked upWICHITA FALLS, TX
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DO YOU SEE THAT? Absolute, unequivocal proof that I shipped it on 07/22/09 and that it was supposed to be delivered by noon on 07/23/09. I expect a check for the $25.00 balance. If you hired someone to close this again the following day, that was YOUR ERROR. All you had to do was run the FedEx TRK number that I provided you and you would have known your docs had been dropped and were on the way. You originally wanted to ship back UPS, however IF we had shipped back UPS, you would have ended up getting the docs on 07/24/09 anyway because I can drop on FedEx until 6:45 p.m. and can only drop on UPS up to 6:30 p.m.. It was physically impossible to make it out to the UPS hub by 6:30 p.m. and that is why I called you and asked you if you wanted to ship back via FedEx so I could get it out to you on 07/22/09 for a 07/23/09 delivery. I bent over backwards to close this one quickly enough to even be able to make it to FedEx before 6:45 p.m..
I am a Certified Legal Assistant with 29 years of litigation experience, and this truly upsets me that you folks would try to cheat me out of 20% of my fee. You will not cheat me out of it, unless you file for bankruptcy. In that event, I'll simply frame my judgment as a reminder that there are companies, such as yours, that I sometimes deal with.
I settled a case recently for $750,000.00. That case gets proved up next week, and I will just happen to have a little spare change in my pocket. I've already ear-tagged $2,000.00 of that to collect this $25.00 debt. Sometimes it IS a matter of principal. I am also a member of numerous notary forums that report on how companies pay. If I don't have a check for $25.00 in my possession on or before October 7, 2009, I will have no alternative but to report your company's horrible payment practices on those sites. You were 70 days paying me, and then you shorted me for absolutely no valid reason at all.
I have further documentation in our emails, if you can't pull them up to read yourself. The facts of this case are totally documented, and irrefutable. I don't take kindly to people cheating me, and that is exactly what you are attempting to do. You might do that to someone else, but unless you file bankruptcy you won't get away with it with me. A lawsuit will be filed on October 8, 2009 if I do not have the balance of the payment due. You may call any defense counsel in Wichita Falls, Texas, and many in other cities, to inquire as to whether I make such statements that I do not follow through with, and I think you will unequivocally find that I always follow through. As a courtesy, you could let me know that the check is in the mail and that it will be here by October 7, 2009. Just pay the balance of your account, and never call me again. I don't like dealing with companies like yours.
THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
John J. Schenk
1106 Brook Ave.
Wichita Falls, TX 76301
(940) 781-1041
In a message dated 7/22/2009 2:47:16 P.M. Central Daylight Time, [e-mail address] writes:
John,
If you have any questions or concerns, please feel free to contact me at the below number. thank you,
Betsy
XXX
In a message dated 10/2/2009 4:38:26 P.M. Central Daylight Time, [e-mail address] writes:
John,
Due to the fact that you did not insure that the package was dropped off on time to fed ex, we had to deduct $25 from your close fee, because we had to hire another closer the very next day, to close the same loan you closed, to ensure it was done correctly. In the future when you drop a package off to a shipping destination, get a copy of the tracking number and an anticipated delivery time to ensure it will get to the correct place, on time. You did not ensure that the package was scanned and went out that night, so therefore, we never recieved it. I apologize for the inconvenience but it was an error on your part.
Sincerely,
Betsy
www.XXX
--- On Fri, 10/2/09, [e-mail address] <[e-mail address]> wrote:
From: [e-mail address] <[e-mail address]>
Subject: Re: Closing Confirmation
To: XXXX
Date: Friday, October 2, 2009, 11:22 AM
I received your check #3325 today in the amount off $100.00. Please advise as to why you did not pay the $125.00 that was agreed upon for this closing. Someone scratched out the $125.00 on my statement and wrote in $100.00. You will note that your email states the agreed upon fee was $125.00.
Thank you for your immediate attention and cooperation in this matter.
John J. Schenk, CLA
Monte J. White & Associates, P.C.
1106 Brook Ave.
Wichita Falls, TX 76301
(940) 781-1041
In a message dated 7/22/2009 1:07:13 P.M. Central Daylight Time, [e-mail address] writes:
Closing $125 07/22/09 5:45 p.m.
BORROWER XXX Wichita Falls, TX
I will forward Doc Package and HUD as soon as possible.
Betsy
XXX
| Reply by BrendaTx on 10/2/09 7:07pm
Msg #305956
That's pathetic.
I cannot believe this. Betsy is obviously bad at making up lies.
Congrats on the home run, btw.
| Reply by John Schenk on 10/2/09 7:32pm
Msg #305962
Re: That's pathetic.
It actually couldn't be more documented on this one. I document every closing well, but this one is above and beyond! I am TOTALLY documented in every way on this closing!
THANKS! I have two more that should settle near the $1M range within the next 2 months. It's been an amazing year for me. I reached the best income year of my life in July. With what will yet come before the end of the year, I'm not sure I'll EVER have a better year again the rest of my life. God has blessed me well this year, and I hope to share that in every way that I can in my community, and in more global charitable contributions. I like seeing where my contributions go. I enjoy being hands on in my contributions.
Wichita Falls, TX is a relatively small town, but we have homeless people here also, and they have become much more visible in the last couple of years. I'm looking forward to a GREAT Thanksgiving, and giving at that time. Not just handing my money over to someone to do it for me, but handing those folks food in person, and giving them gift certificates to eat at a reasonable priced restaurant. Some of them really just want a meal! I don't give any of them cash. Sometimes I buy a meal for them, and don't mean "them" as a bad thing. I think it better to give someone in need that's under the bridge close to a McDonald's, etc. a gift certificate for food than to give them cash. I NEVER give cash to a person that asks for a handout, but I give them a gift certificate sometimes, or buy an actual meal for someone. If they need food, I'm willing to give that. If they want cash for drugs or booze, I just don't do that. Many only want cash for that, and I'm not giving my hard earned money to do that.
THANKSGIVING is coming up! It's a WONDERFUL time of the year to help folks in need! It's one of my FAVORITE times of the year, after Christmas.
God bless,
JJ
| Reply by BrendaTx on 10/2/09 8:01pm
Msg #305969
Re: That's pathetic.
*I reached the best income year of my life in July.*
And, perhaps your charitable heart and attitude is part of the reason for this, John. You know...not many people can say what you just said about your income this year. I'm very glad you have been blessed in this way! I know a few these days who just might wish they had banked when the good times were here rather than upgrading their homes and cars.
| Reply by John Schenk on 10/2/09 8:33pm
Msg #305978
God has blessed me, Brenda...
I OWE it to give back! I don't give as much back as I should, but I'm trying. The self preservation thing comes to mind, but there are so many that really have NOTHING..have lost it all. Some never had it, but some simply lost everything in these hard times. There's gonna be a big cooked turkey order this year for Thanksgiving. A lot of them homeless gather underneath the flyby here. They can only stay in the Faith Mission for a few days before they have to leave, and then they can come back. I'm looking forward to bringing some folks a better Thanksgiving, and hope I don't get mugged and beaten in the process. LOL It hasn't happened yet, so I don't think it will this year.
Also have some airmen that live next door to me (4 of them). I'm gonna take them hunting this weekend. They've been wanting to go and I haven't had time to do it for them yet. Don't know how good the hunt will be, but those guys are happy just getting out on a ranch and enjoying themselves.
It's a GREAT day, and a GREAT time of the year. I LOVE THE HOLIDAYS COMING UP!
Have a wonderful weekend! I'm outta here for now.
JJ
| Reply by Cari on 10/3/09 4:28am
Msg #306001
John, what is it that you do exactly other than notary work.
and what do you mean you settle cases?
| Reply by Cari on 10/3/09 4:33am
Msg #306002
Why don't you call her full name out and her company?
That way, others on this forum can stay away or at the very least heed your warning. 
| Reply by Linda_H/FL on 10/3/09 8:17am
Msg #306008
I agree I'd like to know the company name...but can
respect his keeping it quiet for now.
By the way, I believe John's an attorney..
| Reply by Linda_H/FL on 10/3/09 8:19am
Msg #306009
Okay...I stand corrected - by his profile he's a
legal assistant...guess L.A.'s have a great deal of latitude in Texas....
| Reply by John Schenk on 10/2/09 7:07pm
Msg #305957
BTW those are EXACT copies of the emails...
other than taking the company name out, FedEx TRK#, and the borrower name out. This is not a company on Signing Central, or any other notary site that I'm aware of. I AM going to post this company next week, whether I get paid or not, and rate them. Not trying to be secretive, but it is appropriate for me to wait until October 7th. I believe they will pay me, but if they don't, I AM filing suit on October 8th, 2009. NEVER make idle threats! You lose your credibility if you do so! I'll have my lousy $25 bucks by Wednesday, or we'll be in litigation on Thursday.
I'm actually more pissed on this one than I have been when a company went belly up and ripped me. This one may do the same thing, but they're going to have to file BK to get away from me.
What a gorgeous full moon outside my office window to the East.
If anyone wants to plagiarize any part of my writings, please feel free to do so. They are only the writings of a layman, and I am not suggesting that anyone use them.
Have a great weekend!
JJ
| Reply by debs_Califor on 10/2/09 7:19pm
Msg #305958
John you said the package was scanned in at 6:44pm, that's was the package was not delivered the next day. In order for the package to get their the next day, the package would have to be scanned in before 6:00pm.....You can call fedex to verify. Let me know what they said...So it not your fault!
Anyway, had the envelope scanned in at 6:44 p.m. inside the FedEx hub. I came back to the office and sent these folks the printable version of the FedEx TRK page showing it was indeed scanned in at 6:44 p.m.. That showed it would deliver by noon on 07/23/09. Well, it didn't deliver until 07/24/09, and these folks think they're going to dock me $25 because I should have ...HERE'S A PART OF THE EXCHANGE:
*********************************************************************
| Reply by MW/VA on 10/2/09 7:24pm
Msg #305960
Not necessarily. I have 2 Fedex locations where I can ship a pkg. up to 7:00 pm & 7:30 pm to go out that night for next day delivery.
| Reply by Philip Johnson on 10/2/09 7:29pm
Msg #305961
You don't live too far from Memphis.
Out here 4:45 is the latest, unless you drive into Portland and hand it over at the airport. Ain't gonna do that.
| Reply by John Schenk on 10/2/09 7:47pm
Msg #305967
Phil...I'm glad we're a little later here. :-) n/m
| Reply by BrendaTx on 10/2/09 8:02pm
Msg #305970
6:45 is our latest, I think. n/m
| Reply by John Schenk on 10/2/09 7:45pm
Msg #305965
Depends on where you live... n/m
| Reply by John Schenk on 10/2/09 7:47pm
Msg #305966
Re: Depends on where you live... send prematurely..
My drop dead time is at 6:45 p.m.. It could be midnight for you, or 5:00 p.m.....it only matters where you are and what FedEx does in your city.
JJ
| Reply by John Schenk on 10/2/09 7:37pm
Msg #305963
My closing was at 5:45 p.m....
FedEX is open, at my hub, until 6:45 p.m.. So long as I get that scanned in by 6:45 p.m. on a PRIORITY OVERNIGHT, that baby should be there in the morning. Where YOU live may be at 6:00 p.m., but HERE it is 6:45 p.m..
JJ
| Reply by MW/VA on 10/2/09 7:22pm
Msg #305959
What a rant, JJ. It should prove interesting. What are you going to sue them for--$25 plus $2,000 legal costs. That would be funny. BTW, I always drop pkgs. same day or next day (either Fedex Priority Overnight or Fedex Standard Overnight). I am aware that it sometimes takes 2 days (this is Fedex' issue, not mine). I have no control over the package once Fedex has picked it up & scanned it. I'm guessing this is just one of those ridiculous excuses for shortchanging a fee.
| Reply by John Schenk on 10/2/09 7:45pm
Msg #305964
Did I say I would sue them for $2,000 legal fees?
I said I set that aside. Notaries threaten lawsuits all the time but I don't think most of them really understand what it costs to sue an out-of-state SS and ACTUALLY take that judgment you get into execution by the Sheriff in that state.
Everybody sound off as to what you think has to be done to sue one of these jerk companies, and actually collect ANY judgment, no matter the amount. I KNOW the procedure, but do any of you, other than the attorneys on here, know what is actually required to do that?
$2,000.00 to actually sue, get a judgment, abstract that judgment out of state, and get out execution is a conservative figure whether you are going after a judgment for $25, plus costs and fees, or $10,000.00, which is the limit for our Justice of the Peace courts in Texas.
I agree....when I drop it to FedEX, I'm done.
JJ
| Reply by Linda_H/FL on 10/2/09 8:08pm
Msg #305971
This part is nothing but one hunk of pure BS...
"Due to the fact that you did not insure that the package was dropped off on time to fed ex, we had to deduct $25 from your close fee, because we had to hire another closer the very next day, to close the same loan you closed, to ensure it was done correctly."
Bull....no way did she send another notary out the "very next day" to re-do the loan...and if she was stupid enough to do that? - then it's on her dime, not yours...
Last FedEx drop for me for same-day shipping is 6:00 and that's at Kinkos about 45 miles away - if that package isn't there by then it goes out next day - I make sure all my companies realize that evening packages will be dropped either immediately after or next day but in either event it won't ship til next day - they may think I'm crazy for stressing that point but now I'm glad I do..
| Reply by John_NorCal on 10/2/09 8:16pm
Msg #305973
Re: This part is nothing but one hunk of pure BS...
Just goes to show how low many of these SS's stoop to cheat NSA's.
BTW FedEx will only accept packages upto their closeing time of 6:00 pm at their SF Int'l Airport center.
| Reply by John_NorCal on 10/2/09 8:17pm
Msg #305974
Re: This part is nothing but one hunk of pure BS...
Just goes to show how low many of these SS's stoop to cheat NSA's.
BTW FedEx will only accept packages upto their closeing time of 6:00 pm at their SF Int'l Airport center.
| Reply by John Schenk on 10/2/09 8:18pm
Msg #305975
Re: This part is nothing but one hunk of pure BS...
Here, Brenda, they always tell me at the hub that provided I drop inside that it will go out that night if I drop by 6:45 p.m.. Heck, I've had them on a truck when I got there close to 9:00 p.m., if the truck hasn't left yet, as it used to happen quite often back in the good ol days.
It's on FedEx's website that if I drop by 6:45 p.m. on Priority Overnight that it will be there the next morning. This is the first time that it wasn't, where they got it scanned in.
I certainly agree that it was stupid of them to have it signed the following day. I .pdf'd the air bill, gave them the tracking printout from FedEx showing it was scanned in at 6:44 p.m., and of course gave them the TRK #. I faxed to them, emailed to them, and FedExed to them the TRK#, etc., etc., etc.. I had no obligation to even drop a 5:45 p.m. closing by 6:45 p.m., but I made it, and ALWAYS try to drop docs for next day delivery, if possible. I did it, and FEdEx screwed up.
JJ
JJ
| Reply by JanetK_CA on 10/4/09 2:38am
Msg #306120
Re: This part is nothing but one hunk of pure BS... Agree!
"I had no obligation to even drop a 5:45 p.m. closing by 6:45 p.m., but I made it..."
I think this is the key point. The fact that you made it should just be a bonus, not an expectation for a 5:45 appt.!! I would have told them that I probably would NOT be able to make it. (Then I would have done my very best to try to do so anyway.) Pure BS is absolutely right.
BTW, in some areas, the cut off time also varies with where the package is going. For west coast destinations and part of Nevada and Arizona, I have a local office with an 8:00 pm cutoff.
| Reply by John Schenk on 10/2/09 8:11pm
Msg #305972
BTW, I think doing this for Principle for most is dumb...
I AM going to do it, if I don't get the rest of my fee, but wouldn't suggest it to anyone else. It is probably good money after bad, if it gets to that point. I can assist an attorney, and claim attorney's fees for HIM, which will be done. If I were to file this suit pro se (as an individual not represented by an attorney), there would be no attorney's fees. Working for a law firm, why on earth would I want to do that when I have 4 attorneys at my disposal that will sign off on the pleadings, or 3 family members that are attorneys that would sign off? LOL I'm in a unique situation that most of you are not in, unless you are an attorney.
I honestly wouldn't front the money for an attorney to file this suit, but that doesn't mean that an attorney that signs off on it isn't worth being compensated for filing it, which I hope these folks realize. This would be a suit on a contract, and thus entitles the prevailing party to attorney's fees. The attorney's fees are worth FAR more than my claim. LOL
Hope you all have a fantastic weekend! Look at that gorgeous moon tonight! It's awesome!
JJ
| Reply by Claudine Osborne on 10/2/09 8:27pm
Msg #305976
Re: BTW, I think doing this for Principle for most is dumb...
John, Please keep us posted..This is interesting! God Bless you!
| Reply by John Schenk on 10/2/09 8:34pm
Msg #305979
Re: BTW, I think doing this for Principle for most is dumb...
Will do!
Take care!
JJ
| Reply by Maureen_nh on 10/2/09 10:23pm
Msg #305996
Re: BTW, I think doing this for Principle for most is dumb...
No, what happened was that somewhere along the way they screwed up the order by getting it out so late and they are/were pointing fingers to save themselves.
Moi would say lesson learned, don't do business with them again. I don't have your resources.
They did pay a substancial something, but they obviously blamed you for something beyond your control and decided to nickle and dime you. Guess they decided to play games with the wrong playmate. Pound wise penny foolish.
| Reply by Bob_Chicago on 10/3/09 10:26am
Msg #306014
Not legal advice, yada, yada, but I believe that...
absent a specific statutory provision, in most states, a law suit
to collect a smple unpaid debt wil not enable you to claim legal fees,
court costs, yes, but not legal fees.
| Reply by John Schenk on 10/5/09 9:08am
Msg #306185
Re: Not legal advice, yada, yada, but I believe that...
Bob, it's a suit on a contract and I do believe that most states allow attorney's fees for a suit on a contract plus taxable court costs.
Now the only way you can collect attorney's fees is if you have an attorney sign off on the pleadings. If I simply draft it myself, sign off pro se, and file it, there would be no attorney's fees. That is not the plan. My Father and two siblings are licensed attorneys.
JJ
| Reply by Patricia Manatt on 10/3/09 2:21pm
Msg #306046
John, Sorry about your situation with these yahoos. Next time you go to FedEx, ask the agent what the commitment time is for that destination. Depending on the area being serviced, the commitment time is 1.5 hours after regular commitment. ie: normal areas have a 10:30am time where an area further out may have a 12:00 commitment. Same goes for afternoon deliveries. The normal 3:00pm is 4:30 in some areas. I'm betting this is the case with your shipment not being delivered until noon. This can also be checked on line or by calling FedEx and asking what the commitment time is. The recipient probably knows this. I'd go after them too.
| Reply by John Schenk on 10/7/09 6:59pm
Msg #306540
SECURE SETTLEMENTS, INC., 404 Schuyler St., Oquawka, IL
No check in the mail today so lawsuit tomorrow. You don't make idle threats in my business.
NOT IN GOOD STANDING with the Secretary of State. Imagine that!
http://www.ilsos.gov/corporatellc/CorporateLlcController
Registered Agent for Service: Edgar E. Fletcher, Jr., 404 Schuyler St., Oquawka, IL 61469
That's who gets served next week via certified mail, return receipt requested, restricted delivery to addressee only. They will have to file an answer by the 10th day following service, as this will be filed in J.P. Court, or a default judgment will be taken on the 11th day after service, which is probably what will happen. The default judgment will be for approximately $885.00, which includes my $25, court costs, and attorney's fees for filing suit and for time performing the prove-up. 30 days later, upon the judgment becoming final, the judgment will be abstracted in Illinois with execution on the judgment following, with all the additional costs added to the judgment. A few desks, a couple computers, and whatever else they find there picked up by the sheriff to sell at auction will probably come close to covering it.
I really do hate to get cheated. This may be for nothing, but it'll take a bankruptcy notice from them to the creditor (me) to stop it. They better file it before the sheriff sells their stuff.
I really hate to do this, but I hate getting ripped off worse. I certainly wouldn't recommend this to anyone that is not used to being involved in litigation. I further am definitely offering no legal advice to any of you. I am simply reporting to you what I am about to do, which may net me nothing in the end. However, it's more fun to me than dropping money into a slot machine or buying lottery tickets. My odds are better of winning something on this than playing the lotto, which I don't do. LOL This is 100% documented that they cheated me. It's just a matter of whether I can collect it or not.
IF they file an answer, they will be served with Interrogatories, Requests for Production, Requests for Disclosure, Request for Admissions, and a Motion to Shorten Time to Respond, with a notice of hearing right here in River City, as well a a Motion for Summary Judgment. In fact, they will probably get served with the discovery requests along with the petition. Should kick another few hundred bucks in there for my attorney for this most likely, uncollectable, judgment.
JJ
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