Posted by Roadie_MD on 1/19/11 11:05am
Msg #369206

Small Claims filing

I have been trying to research this and was hoping someone could point me in the right direction. I would like to file a complaint in small claims court but the process seems confusing. This is a CA company, and I am in MD. My understanding is that you would have to appear in court.

My plan is to actually just fill out the paperwork and let the company know i am going to file unless i receive payment. I am just concerned that they may deal with this regularly and will see through my threat.

Reply by Cari on 1/19/11 11:19am
Msg #369209

suggest to file in your venue. then serve the company accordingly...always check what are your towns req are by checking online for self help forms. no need to file in ca...make them come to you...

Reply by Cari on 1/19/11 11:20am
Msg #369210

not legal advice..not an atty...etc etc n/m

Reply by Sylvia_FL on 1/19/11 11:31am
Msg #369211

" I am just concerned that they may deal with this regularly and will see through my threat. "

Don't make threats that you aren't prepared to follow through on.
If they don't pay, then go ahead and file.

http://www.mass.gov/?pageID=cagoterminal&L=3&L0=Home&L1=Consumer+Protection&L2=Complaints+%26+Mediation+Services&sid=Cago&b=terminalcontent&f=consumer_small_claims_court&csid=Cago

Reply by Roadie_MD on 1/19/11 11:40am
Msg #369212

backing up threats--

What I mean is, obviously I am not going to CA. If they know that to be a requirement then they will realize I am not going to travel there. I like the idea of filing in my own state.

Reply by Les_CO on 1/19/11 11:50am
Msg #369215

Re: backing up threats--

I suggest you go on every notary board, or web site like this one, and post their information….. Names, addresses, phone numbers and that they did not pay you.
I’ve been to Small Claims Court, and the process is not easy or inexpensive. I don’t know about CA or MD but here in CO, yes you must appear. Plus here in CO you must serve the other party, and you can’t do it. The ‘service’ must be done by a ‘disinterested party’ like the Sherriff’s Dept. and that that you must pay for. You can ask for the amount you are owed and your costs (I don’t know if your expense of the trip to CA and back would be allowed) but after all this you still stand a very good chance of not getting a penny, even if you win. (You would probably win) You may get a judgment against the people who owe you, but then you have to try and collect that. And half these deadbeats are ‘judgment proof’ meaning they haven’t got a dime in their names. You could easily spend several thousand dollars and never recover a penny. That’s why these people do this.
If you have the money, and the motivation (your are very, very angry) you could hire a CA attorney to sue them (not SC Court) he would do all the leg work, you do not have to appear in court, and he can ask for his fee, plus costs, plus what you are owed. You will probably have to pay several thousand dollars, in front, but if you win, (again you will either get paid, or a judgment, you must collect on) you might get some of it back. And you just may put these deadbeats out of business.
Or forget it, and shout their names from the rooftops.
Oh and a PS: out-of-state judgements are virtually uncollectable. Meaning A MD judgement can't be filed against a CA bank account. So going to court in a venue where the defendant is not in business, or has no assets is useless.
I’m not a lawyer, this is just my opinion.

Reply by James Dawson on 1/19/11 11:57am
Msg #369218

Atty retainer min. 4 - 5 Grand...in advance n/m

Reply by SharonMN on 1/19/11 4:17pm
Msg #369265

Re: backing up threats--

Another job opportunity for notaries, especially in CA - serving lawsuits on non-paying signing services for other notaries!

>> Plus here in CO you must serve the other party, and you can’t do it. The ‘service’ must be done by a ‘disinterested party’ like the Sherriff’s Dept. and that that you must pay for.

Reply by Jorge Reyes on 1/19/11 11:49am
Msg #369214

Sylvia:
I think you gave the wrong link to Roadie_MD. This is for MA. not MD.

Reply by Sylvia_FL on 1/19/11 1:59pm
Msg #369235

"Sylvia:
I think you gave the wrong link to Roadie_MD. This is for MA. not MD."

that's right - remind me I need new glasses. I could have sworn he was in MA! LOL

Oh well, I tried (My husband says I am very trying)

Reply by James Dawson on 1/19/11 11:55am
Msg #369216

Slyvia is correct, file in your location, not Calif......here is some process info for calif FYI

http://www.acgov.org/law/documents/Small_Claims_Court.pdf

Reply by Yowheelz on 1/19/11 12:07pm
Msg #369222

Tried filing in Md and was told must file in CA

don't know if it is same company that Roadie wants to file on but when I called my local court house about a CA company I was told that I had to file in the state in which the company is located.

Reply by Linda_H/FL on 1/19/11 12:13pm
Msg #369224

Yep..cant - MD specifically states

"Courthouse Address--Write in the address where you intend to file your case. You should file your complaint in the county where the debtor lives, carries on regular business or is employed. "

http://www.courts.state.md.us/district/forms/civil/dccv001br.html#complaint

Reply by BrendaTx on 1/19/11 1:51pm
Msg #369234

Fortunately for Texans...

it is my understanding that we can file in the company where the contract was signed or performed.

Reply by James Dawson on 1/19/11 2:39pm
Msg #369240

Re: Fortunately for Texans...

same for Calif.

Reply by MobileZ71 on 1/19/11 12:18pm
Msg #369225

Get this guy to go collect for you.
http://www.youtube.com/watch?v=TJUX35jRgWA&feature=related

Reply by Roadie_MD on 1/19/11 12:57pm
Msg #369228

I like that! That's about what I feel like saying to them. n/m

Reply by Les_CO on 1/19/11 3:36pm
Msg #369256

Re: I like that! That's about what I feel like saying to them.

You can file until your nose bleeds…it doesn’t mean you’ll get paid. Or any action will be taken against the preps. If you don’t believe me…I suggest you try it. (file from there against a CA company) and see what happens…..

Reply by ssdn on 1/19/11 3:17pm
Msg #369253

Roadie ,I get my money by way of pre- paid legal. Some people may like this service, some may not. I have had 4 accounts that just would not pay . All, I do is call my attorneys up,and they start contacting my Customers ( Signing companies or Title companies). Next, I start getting my checks in the mail. Now,
let say you are in one location and the signing company is in another location. This is not a problem, because pre paid legal has attorneys representing you in all 50 states. They have attorneys that will go to court on your behave, you do not have to appear.They will represent you. I hope this help you. They are on the internet. I also use their service in other ways. This is just one way I use them.

Everyone have a great day !!! , I hope we all have a great year for Notary services.

Reply by Michael Gilman on 1/19/11 3:59pm
Msg #369261

Never hurts to send a letter along with a copy to be sent to the lender stating you have not been paid. Then you can also threaten at that point to send it to the borrower (at least mention that in the copy to the lender). That usually gets the worst of them out of bed to the desk to write the check. (of course I need to disclose this is not to be construed as legal advice)

Reply by LKT/CA on 1/19/11 6:21pm
Msg #369286

Jurisdiction is where contract is performed.....

....not where the deadbeat company is located. An attorney I network with and who reviewed a demand letter I was going to send (about 2 years ago) told me this. File in the jurisdiction where you completed the loan signing.

Reply by Linda_H/FL on 1/19/11 6:53pm
Msg #369289

That's state-specific Lisa...may be true in CA

but not so in MD...

Reply by GY_CT on 1/19/11 7:01pm
Msg #369290

Re: That's state-specific Lisa...may be true in CA


I'm still waiting for the deabeat's name to be "shouted from the rooftops." Anyone else?

Reply by LKT/CA on 1/19/11 8:12pm
Msg #369297

Re: That's state-specific Lisa...may be true in CA

There must be a remedy in MD for small claims cases where the defendent company is not in MD.....I would call to double check.

Yes, who is this deadbeat company stiffing Notaries out of their pay?

Reply by Cari on 1/20/11 11:11am
Msg #369339

Re: Jurisdiction is where contract is performed.....

agree....