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Small claims
Posted by Luckydog of FL on 10/13/18 6:42pm Msg #599381
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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Messages in this Thread
 A.P.B MortgageDocs.com - Jeffery/OH on 10/11/18 1:27pm
 Re: A.P.B MortgageDocs.com -  Cheryl Elliott on 10/11/18 1:47pm
 Re: A.P.B MortgageDocs.com - Jeffery/OH on 10/11/18 1:53pm
 Re: A.P.B MortgageDocs.com - Yoli/CA on 10/11/18 2:26pm
 Don't spend a dime or another minute on these deadbeats. - grapebed on 10/11/18 6:47pm
 Re: Don - Jeffery/OH on 10/11/18 7:25pm
 Re: A.P.B MortgageDocs.com - pdl/cali on 10/11/18 9:01pm
 Re: A.P.B MortgageDocs.com - Jeffery/OH on 10/11/18 9:32pm
 Re: A.P.B MortgageDocs.com -  Cheryl Elliott on 10/12/18 8:49am
 Re: A.P.B MortgageDocs.com - Yoli/CA on 10/12/18 10:20am
 I kinda agree with both Cheryl and Yoli - BearPaw/CO on 10/12/18 2:12pm
 Wasn't going to post but waiting for someone to final GET IT - Luckydog on 10/12/18 7:16pm
 PS... - Luckydog on 10/12/18 7:30pm
 Welcome back LD. You are the voice of reason and sanity. - grapebed on 10/12/18 8:33pm
 Re: PS... - Jeffery/OH on 10/13/18 3:17am
 Re: Wasn - Jeffery/OH on 10/13/18 3:03am
 This is the due-diligence on MD, what more did you need? - Luckydog on 10/13/18 12:10pm
 IF you are a rebel.... - Luckydog on 10/13/18 12:32pm
 Re: This is the due-diligence on MD, what more did you need? - Jeffery/OH on 10/13/18 4:17pm
 Small claims - Luckydog on 10/13/18 6:42pm
 Re: I kinda agree with both Cheryl and Yoli - Jeffery/OH on 10/13/18 3:39am
 Welcome aboard, young man...at last, someone who -  Cheryl Elliott on 10/13/18 7:58am
 Call it the Notary Meetoo# movement -  Cheryl Elliott on 10/13/18 8:08am
 Orange County DA office on bad checks -  Cheryl Elliott on 10/14/18 2:17pm
 Re: Orange County DA office on bad checks -  Claudine Osborne on 10/14/18 9:06pm



 
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