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Posted by Luckydog on 10/13/18 6:42pm
I truly understand what you are trying to do...the best route would be the bounced check route (state will take it), because that is intent, and small claims court (from you) because the monetary amount is nothing, it's the principle of the thing.
Less than $100—up to 93 days in jail. $100-499—up to one year in jail. $500 or more—up to two years in prison and/or a fine of $2,000 or three times the value of the check (if the amount of the check is greater than $2,000) Three or more bad checks in a 10-day period—up to two years in prison and/or $500 fine.May 6, 2014
For a check of more than $100, deemed a felony, punishment of fine of not less than $100 nor more than $1,000 or by imprisonment for a term of not more than three years or both. Missouri. Up to $500 fine or six months in jail or both. Up to $1,000 fine or one year in jail or both.
I am not on MD, what does your contract say with them when you signed up? Read it very well. They may have an "out" clause or some other clause that states they will not be held liable for failure to pay, will not pay court fees, attorney fees, whatever, as crazy as that sounds for their protection.
Again, does that clause show intent? Yes. Now you go to Small Claims Court anyway
A judge will see their past history and intentions, bounced checks and disregard that contract you signed. It will be seen as their backdoor and intent NOT to pay as well. Their little flimsy contract may not hold water especially with the long of people they never paid intentionally.
Sue them in Small claims for the maximum you can get. It maybe as much as 3x the amount owed, but then again, you need to find out in your state.
They in the are in Irvine,CA and you live in Anyplace,OH, they need to fly or have representation in OH in your county you did the closing in. If a no show you automatically win. Great! Now you have to try and collect. Another fight on your hands. You win, but now what??
Check your state laws for certain regarding small claims. Once you download the documents from your local courthouse on line, print in triplicate, have them served, they will send you your money...meanwhile you spent about $75.00+ getting the triplicate package and serving them.
My words of wisdom are don't spend good money chasing bad money. If you can be a thorn in their side and pester them for free and sick the dogs on them, whistle blower IRS, report them to all the OH and CA state regulatory agencies for bouncing check with intent to defraud and such, do so. You may win the battle, but still will be in the same place trying to collect.
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