Posted by Ernest_CT on 7/19/05 12:43am
Msg #53040

It sounds as if lots of us are going to be ...

... filing suits in small claims courts. Would people who have gone through the experience of taking a signing service to court please give some tips to those of us who will be doing so soon?

Reply by Mike/NJ on 7/19/05 12:48am
Msg #53041

I had one other company stiff me "Richmond Title" -TX my accountant and lawyer said for the amount they owe just write it off as BD.

My current issue is close enough to pursue.

Reply by patricia on 7/19/05 8:58am
Msg #53072

I have had trouble with Richland Title also and for both signings I did had to call them and
give them three days to get me the check or I would call the lender and complain about it and also call their states attorney general regarding nonpayment of funds that should have been paid through escrow, both times it worked like a charm but I would never work for them again!

Reply by cwNcv on 7/19/05 9:19am
Msg #53080

"Richmond Title – TX" was noted by Mike...you mentioned "Richland Title also". Are you both referring to the same TC?

Reply by patricia on 7/19/05 9:35am
Msg #53086

yes, Richmond is the correct name

Reply by IL_Not on 7/19/05 9:39am
Msg #53087

Regarding Richmond Title in Nashville, they paid me within 4 weeks with no problem. They must have seperate bookkeeping departments.

Reply by cjNcv on 7/19/05 11:21am
Msg #53107

Thanks for clarifying!

Reply by Ernest_CT on 7/19/05 12:52am
Msg #53045

An offer

If you know how to do the filing and just need the CT forms mailed to you, I'll do my best to help you!

Reply by Melody on 7/19/05 1:08am
Msg #53049

Tips for small claims court suits

I have taken several people to small claims court. I always win. Part of the reason: I managed law firms for 20+ years.

1. Document the heck out of your experience. Your invoice. Fax transmission reports. Their confirmation sheet. Their website statements. Everything. Don't forget to send a Late Fee statement that includes $x per week for late fees for late payments. Include the fax transmission reports for these Sends. (Don't quote a % for late fees. You will get in trouble with %s.)

2. Recite a higher-than-you-want payoff amount for resolution of the case. This gives you room to negotiate down. Include late fees.

3 Put your sheets into a 3-ring binder with tabs. Make it VERY easy for the judge to flip through. Add your own website pages with payment policy stipulations.

4. If you are given the option to mediate instead of going before the judge, take it. If the other party refuses, that makes you look good. If they go to mediation, you can negotiate your payoff.

5. Dress like you are attending a funeral and sitting next to your VERY conservative grandmother. Wear a suit. Women: wear a lace scarf and white blouse. A cameo pin is a good touch. Wear a skirt and stockings. (My sympathy - I hate 'em.) Men: wear a suit and tie. Both: wear gray or navy for the jacket/shirt/pants parts. I once won a case because I showed up in church clothes and my opponent appeared in Hawaiian garb and white shoes. Our financial numbers were close - his clothes and disrespect won me the case.

6. Be extremely deferential to the judge. Use these phrases: "Your Honor" "Yes Sir" "Yes Ma'am." Apologize to the judge for taking his time on such a small matter. You just felt you had no where else to turn. Do NOT be angry. Be sweet. Be a supplicant.

The court judge could be in a bad mood and order you to jail for contempt for the slightest and tiniest of reasons. Do not underestimate the judge - he could be the father of a pregant teen and in a VERY bad mood. Be very good and very careful.

Good luck!

Reply by Brijoe_WA on 7/19/05 11:54am
Msg #53118

Re: Tips for small claims court suits

I have been to small claims a few times too and have won. My biggest gripe is...say you win, big deal, how do you get them to actually pay you. The cases I have won I never recieved the actual money because the person I was taking to court didnt have the money.

Reply by Nicole_NCali on 7/19/05 3:42pm
Msg #53172

How to collect on a debt from a debt collector

1. Request or prepare an abstract of judgment. Call your local courthouse where you won the judgment on what the procedure is. Upon receipt of the abstract, file this in the county. What this does? It let's the whole world know that this person owes you money. If the person re-fi's property, this pops up on the preliminary report and you could be contacted to do a demand for payment off of this escrow. As an aside, this effects the debtors credit rating.

2. If this is a business, get in contact with Dunns & bradstreet. If you furnish the information to them, this will affect their business credit rating. (this is a bonus)

3. At the time you request the abstract, prepare a Writ of Execution with a memorandum of cost. The memorandum of costs are all the costs after the judgment, credit reports (see if you can contact a local process service company to do some skip tracing for you), the writ fee, sheriff fee, abstract fee and any judgment interest.

4. Upon location of a viable levy source or bank account, have the levy served. This is also charged back to the debtor as after judgment costs. See if this works and if this doesn't work now, give it six months, and start the whole process again. The charges are cumulative for the writ request, process service for the writ etc..

I do this as a profession, collections requires patience and time.

Reply by Nicole_NCali on 7/19/05 3:45pm
Msg #53176

Re: How to collect on a debt:check your local court rules

The guideline I posted was for California, but the process is similar in other states, check your local court self help center and they can also guide you too.

Reply by Nicole_NCali on 7/19/05 11:56am
Msg #53119

Re: Tips for small claims court suits

I agree with all of the above except in California Small Claims, you either can have a Pro tem hear your case or a judge. Most of the time it is a pro tem (lawyer who sits in for the Judge or commissioner) A demand for payment must have been sent, it is good to always send a certified letter to the last known address, (this came directly from a court commissioner who was giving us general directions on winning our cases)

We posed to him the fax transmittals and he stated "who's to say that the fax number was accurate, I trust certified mail (US post office) more so than fax transmittals. Also, he stated that small claims is set-up specifically for the small issues, so apologizing to the pro tem or judge about your case is irrelevant, what most of the pro tems or judges want is as Melody stated, mediation on the case and advising the judge that this is what you want to do or if the case is heard, requesting a stipulated judgment if the party at hand is having financial difficulty in paying you. This makes you look like a reasonable person.

Where I work for, we win about 95% of our cases. The preparation of your exhibits is important, so keep those confirmations and your correspondence at hand. Telephone calls are good, but can you show or present a telephone call. Your demand letters or collection letters are your best source of evidence.

I have taken several people to small claims court. I always win. Part of the reason: I managed law firms for 20+ years.

1. Document the heck out of your experience. Your invoice. Fax transmission reports. Their confirmation sheet. Their website statements. Everything. Don't forget to send a Late Fee statement that includes $x per week for late fees for late payments. Include the fax transmission reports for these Sends. (Don't quote a % for late fees. You will get in trouble with %s.)

2. Recite a higher-than-you-want payoff amount for resolution of the case. This gives you room to negotiate down. Include late fees.

3 Put your sheets into a 3-ring binder with tabs. Make it VERY easy for the judge to flip through. Add your own website pages with payment policy stipulations.

4. If you are given the option to mediate instead of going before the judge, take it. If the other party refuses, that makes you look good. If they go to mediation, you can negotiate your payoff.

5. Dress like you are attending a funeral and sitting next to your VERY conservative grandmother. Wear a suit. Women: wear a lace scarf and white blouse. A cameo pin is a good touch. Wear a skirt and stockings. (My sympathy - I hate 'em.) Men: wear a suit and tie. Both: wear gray or navy for the jacket/shirt/pants parts. I once won a case because I showed up in church clothes and my opponent appeared in Hawaiian garb and white shoes. Our financial numbers were close - his clothes and disrespect won me the case