Posted by CaSigner on 5/18/05 10:51am
Msg #38625

All Around Signings ... hmmm

I noticed the last topic regarding them was posted on 5/5, has anyone received a check from them later than that date? I noticed all their contact telephone and email numbers have been disconnected.

Reply by CaliNotary on 5/18/05 12:45pm
Msg #38657

His website has been gone for a couple of weeks too. I think it's quite clear he's no longer in business, although he had told me for weeks that he needed to check with Terri, the accountant at the office. Here's the physical address I have:

1304 Logan Ave., Unit H; Costa Mesa, CA 92626.

I was told repeatedly that I could come down anytime to collect my check. Aside from the fact that there is absolutely no reason that I should have to drive 50 miles to get paid for a job, there wasn't a doubt in my mind that he wouldn't be there when I got there.

I sent a certified letter last week with a demand for payment. The person who signed for it is named David Lush (or Lusc or Lusl, can't really tell from the way it's printed). While John kept insisting that he was going to, or had already sent my checks, it's now to the point where I'll be filing a small claims suit to collect from him.

If anyone on this board is in Costa Mesa it would be interesting to find out what business is really in that location. A search on Google didn't turn up anything specific to Unit H.

Reply by ERNA_CA on 5/18/05 1:32pm
Msg #38684

More than likely a Mail Box location. I was in Costa Mesa last week, would have been just too happy to check out the local, I will keep it in mind if I happen to be down that way again.

Reply by CaliNotary on 5/18/05 1:36pm
Msg #38690

That's what I initially thought, but I think it's a small business park based on the business names I was able to pull up at that location on Google. Plus, a private mailbox center would have an address like Suite H-101 or if they're following postal regulations, Suite H, PMB 101.

Reply by CaSigner on 5/18/05 1:38pm
Msg #38693

small claims? how do you file?

I would be interested to do the same. Luckily I have never had to do this before.

Reply by Charm_AL on 5/18/05 1:45pm
Msg #38700

CaSigner...

your county courthouse should have a small claims division. They will take your complaint and have the person you are suing served by their local Sheriff, then you should receive a postcard notification with a date for court.
This is how I did it once, however the party lived in the same state I did. Also, he was an individual and not a company so I don't know if that makes a difference or not.

Reply by Nicole_NCali on 5/18/05 1:58pm
Msg #38712

Re: CaSigner...

Not in California. The person who is filing the complaint, must either have a disinterested third party serve the defendant or hire a process server to do this. The costs for process service can range from $80 to $200. For out of area serves this can get a bit more costly, but the costs are what you request upon receipt of the judgment.

Another thing to consider is an attorney will want a retainer fee. That is why small claims was established, this allows the little guy to receive fair recompense or damages.

Reply by CaliNotary on 5/18/05 1:47pm
Msg #38702

Re: small claims? how do you file?

I'm not sure how to file yet, I've never actually had to do it. Can't imagine it's too difficult though. I found this in the signup package I have from them:

"In the event litigation is commenced to enforce any of the terms of this Agreement, the prevailing party shall be entitled to its reasonable attorneys fees and costs."

Maybe I should hire an attorney just so it'll end up costing him a lot more

Reply by ERNA_CA on 5/18/05 1:57pm
Msg #38711

Re: small claims? how do you file?

I have filed in small claims court. Years ago mind you so I really cant remember much about the process. But here is what I remember. I had to fill in a form at the court as to have the person served I had a choose if to pay to have the person served by an officer or find a uninterested party to do so. I suggest you do a search on the net in regards to the process of filing. If you win the case in small claims court you still need to have the persons banking info to put a lien on their bank account, which is another process which an officer handles by serving the bank, that puts a lean on the bank account until judgment is paid.
This is just what I remember from years back. Things might have changed, so don't take it as advise just my experience. Good luck.

Reply by CaliNotary on 5/18/05 1:32pm
Msg #38685

One more thing

The last communication I had with him was via email on 5/12. The email address was [e-mail address]. Not sure if that's the one you said is now disconnected, I haven't tried to use it since.

Also, we're supposedly a very small minority. Per one of his last emails:

"we do more than a couple orders a month. the 4 or 5 professional notaries that are getting paid late i really am trying to help. so go bitch all you want, to who ever you want to."

Only 4 or 5 of us and we've all managed to post about it on this board or GMN. What are the odds?

Reply by CaSigner on 5/18/05 1:36pm
Msg #38691

Re: One more thing

Ok, that's what I thought. We are talking about the same deadbeat company. I'm in Northern Ca so I won't be heading to their office anytime soon. Thanks for the update. I will check back with you from time to time to see if you ever get paid. I know I won't so you live and learn. Thanks

Reply by Nicole_NCali on 5/18/05 1:52pm
Msg #38708

It is really easy to file small claims suit

Go to your local small claims self-help center. check this website to ensure that he is not incorporated. Being an Inc protects him personally.

I just checked California Secretary of State. He is apparently a sole proprietor.

To double check. Here is the link

http://kepler.ss.ca.gov/list.html

To start filling out the forms for small claims. Here is the website

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

After submitting your forms and paying your fee, you will need to have the party served. What is this losers information, such as his (full name)

P.S. On your plaintiff statement should have Joe Blow dba All Around Signings. This will reflect on his credit report.


Once you get the judgment, and believe me, he is not going to show. The venue is where he contracted the service. If he contracted in Oak, then you use Oakland Superior court, if he contracted in Ventura, then the venue would be Ventura Superior court.


I do this as a living and the process is relatively simple. The collection part is what will drive you crazy. You would be amazed at how many people hide personal assets.

Reply by CaliNotary on 5/18/05 1:59pm
Msg #38713

Re: It is really easy to file small claims suit

Thanks for the info Nicole. I figured it was a pretty simple process. The letter I sent him requested payment within 7 days of the letter, so if I don't get it tomorrow I'll fill out the forms on Friday and get things started.

Reply by ERNA_CA on 5/18/05 2:04pm
Msg #38714

Re: It is really easy to file small claims suit

Dose anyone have the banking info, that would sure help in the process. I am sure it will not be easy to find any other assets.

Reply by Nicole_NCali on 5/18/05 2:18pm
Msg #38719

As an aside..get your exhibits prepared

As an aside, get your exhibits prepared for court. All the letter, statment of facts. Your interactions with him and the emails. This gives you a definite advantage.

Reply by ERNA_CA on 5/18/05 2:23pm
Msg #38721

Re: As an aside..get your exhibits prepared Nicole

If they don't have the bank info, how will they collect unless paying big money to find other assets?

Reply by Nicole_NCali on 5/18/05 2:30pm
Msg #38729

Judgment is easy..the collecting is what keeps me employed

The judgment is easy. A levy on bank or personal assets is the hard part. The problem with characters like this guy is that he has learned how to hide assets. Bank accounts, etc. Upon receipt of a judgment, he has 30 days to appeal or to pay. After that he is fair game. Since he receives accounts payable (like from title co/lenders). This has now become subject to the levy.

I would review the TC he has deal with, make a speculative call to determine if he has any outstanding invoices that are soon to be paid by them. If he does, issue your levy to them. If he doesn't, well here is your next step.

On the judgment, it will list him and his company as having a judgment. Well after your 30 days, request an abstract of judgment from the same courthouse. When you receive this, send this nice handy dandy item to the county recorder. This let's the world know that he owes you money. If he has property, this will pop up on his preliminary report. If he goes for loans, this will pop up on his credit report.

Also, you will recieve solicitations from collection agencies who specialize in collecting on judgments. Turn the account over to them and let them harass him. Sometimes it is not about the money, it becomes the principle of the thing.

Reply by ERNA_CA on 5/18/05 2:42pm
Msg #38742

Re: Judgment is easy..the collecting is what keeps me employed

Seems like a lot on work if there is no light at the end. Wouldn't just turning him over for collection as a first step result in the same outcome and save the notary a lot of head ace??????
Unless someone had the for site to take a photocopy of his payment check if he ever issued any.

Reply by BrendaTX on 5/18/05 3:37pm
Msg #38766

Cali...you copied me w/ emails...can I be a witness?

Hire your lawyer, have him subpoena me...I'll fly in and we'll swing by Disneyland before court, get those Mouse Ears I want, and I'll testify. ...and of course, send the bill your bf John.

I don't know...maybe that wise guy at the tc wants a subpoena as well...but he CANNOT go to Disneyland with us.

Reply by Nicole_NCali on 5/18/05 4:18pm
Msg #38775

Erna, the point is to lien all real property

A collection agency is going to charge you a bundle, but if you do the leg work yourself, it will only cost you about 200 in time and effort.

Reply by Nicole_NCali on 5/18/05 5:09pm
Msg #38792

Let's not forget judgment interest in CA at 10%

It is well worth your time to get a judgment for principle and costs. After the 30 days, you as the judgment creditor will receive judgment interest at 10%. So if this goes like 5 years and this person tries to acquire property, you will be contacted by the title co who will request a demand, at this time, you can request the judgment amount, a demand fee (some collection agencies charge an outrageous amount), administrative costs, and the interest. Let me give you an example:

John has a judgment issued against him in 1996. The principle is $750. Judgment interest= (if the judgment happened on 1/2/1996 is $709.93, court costs($35) +Process service $200, Administrative fee (aggravation fee) $150. So the total possible collected amount can equal
$1844.93. Remember in the judgment, the judge or pro tem can grant you principle plus costs.

Reply by CaliNotary on 5/18/05 5:30pm
Msg #38802

Re: Cali...you copied me w/ emails...can I be a witness?

That sounds like a good plan. I'll even take you on a few signings so you can experience the joy of being a SA in LA during rush hour traffic.

But the title company guy definitely isn't going. If he saw us in our mouse ears he'd think we were too childish to hang out with.

Reply by SamIam_CA on 5/19/05 11:52am
Msg #38994

The new mouse ears are gold for their 50th anniversary. n/m

Reply by CaliNotary on 5/18/05 5:33pm
Msg #38805

Re: As an aside..get your exhibits prepared

Simple enough. I have several emails where he admits to owing me the money and/or saying he is going to, or already has sent payment. I also have their signup package which outlines their payment policies, which are the 15th of the month for the previous month. I can't imagine circumstances that would allow him to win this.

Reply by LindaRWright on 5/18/05 6:41pm
Msg #38819

Re: As an aside..get your exhibits prepared

It sounds like you had a bad experience getting paid. Do you mind if I ask which company that was so I can avoid it?

Reply by Lwright on 5/18/05 6:43pm
Msg #38820

Re: As an aside..get your exhibits prepared

Which company did you have trouble getting pay from? I would like to avoid them.

Reply by CaSigner on 5/19/05 1:41pm
Msg #39029

Re: As an aside..get your exhibits prepared

Company is All Around Signings (a.k.a. All Around Notary). 1304 Logan Avenue, Ste H, Costa Mesa, CA. watch out for John 714-390-1076, Robert (Bob) 714-540-2790, and Terri (there so called A/P which is never to be found). Email: [e-mail address].