Posted by Jonathan Scott on 12/14/07 4:10pm
Msg #226085

Re: M. David Spear of Richmond, VA

Hi Everyone,

Mr. Spear owes me $230 for a closing back in August and has not returned phone calls. I am filing a suit in Small Claims Court if he doesn't reply to my voice mails by Wednesday the 19th. I plan on asking for my signing fee that he owes me, late charges, filing fees, and travel expenses. I went ahead and called the Chesterfield County General District court for all the information and I thought I would share just in case someone else wants to take him to Small Claims Court as well.

Chesterfield County, VA General District Court/SSC
(804) 748-1231

Filing Fee: $36.00
Sheriff Serve Fee: $12.00

If you are like me and don't live close enough to pick up the forms from the court house, then do what I did and fax a request with your address to (804) 748-1757 and someone from the front desk will call you to confirm (they are really nice and helpful) and send the forms to you via U.S. Mail. I should have mine by the middle of next week and I will send them in on Friday.

I will keep you guys posted and let you know as soon as the Sheriff serves him.

Check out the topic for more info on him:

http://www.notaryrotary.com/forums/forumsbody.asp?id=J082S1WL&forumid=1AAA00000003&smsg=223910&messageid=496057&requestid=12155208001&code=2376286E5FF2694C1A03C781524BE2F7&action=view&format=threaded

Thanks,

Jon Scott

Reply by Philip Johnson on 12/14/07 4:38pm
Msg #226096

If he owes you from September why wait a week?

I'd imagine you have burned enough of your life with this, why wait?

Reply by Jonathan Scott on 12/14/07 4:45pm
Msg #226098

Actually, he owes me from August

I have to wait for the forms to be sent to me first. As soon as I get them (middle of next week most likely) I'll file them.

Reply by Notary2/CA on 12/14/07 5:16pm
Msg #226101

Re: M. David Spear of Richmond, VA

I'm pretty sure that as an Independent Contractor/Business Owner you need to file your Small Claims Suit in YOUR Home County, not the Company who hired you if that is where you performed your services for them. JMHO & not legal advise!

Reply by Margurite on 2/6/08 11:16am
Msg #234262

Re: M. David Spear of Richmond, VA

Just a general question, btw he owes me money also. Is it possible to put a mechanics lien against the home of the homeowner whose property you did the closing on? Why shouldn't the homeowners be responsible for the payment. I don't know if this is possible but have often thought of it.

Reply by sue_pa on 2/6/08 11:32am
Msg #234268

Re: M. David Spear of Richmond, VA

...Is it possible to put a mechanics lien against the home of the homeowner whose property you did the closing on? ...

The answer you will receive on this board is an emphatic no - your contract wasn't with the homeowners. I feel differently - they received the benefit of your services so they are also responsible. HOWEVER, this is absolutely, positively, not a question you can get an answer from a message board. You would have to contact an attorney in your own jurisdiction for the real answer. Because one state allows it does not mean another will. In my area, the cost alone is too prohibitive to even think further than rambling in the mind.

Reply by Terri Garner on 12/14/07 6:20pm
Msg #226108

Re: M. David Spear of Richmond, VA

I lost time and money because I thought I had to file in their county/state. Found out I could have filed (return check) in my own city/county because that's where the transaction/services were rendered.

Terri
Lancaster, CA

Reply by Jonathan Scott on 12/14/07 8:36pm
Msg #226116

What about out of state?

You may be right about in state matters, but I live across the NC line and the closing took place in NC, even though he resides in VA. I'm pretty sure that the complaint has to be filed in their state. I've only been to small claims court twice and thats how I've always done it. It would be great though if I could file complaints in my county even though the SS is based on the other side of the state.

Reply by SOCAL/CA on 12/14/07 6:37pm
Msg #226109

Re: M. David Spear of Richmond, VA

It's about time someone sue this deadbeat. He owes me $125.00 from June 2007.
Good luck.

Reply by CopperheadVA on 12/14/07 7:01pm
Msg #226110

Re: M. David Spear of Richmond, VA

I attempted to put his company in Signing Central so we can link all these negative posts together with his company listing, but since he has a premier membership notary listing, it didn't take and the matter has been referred to NotRot staff.

I am so thankful for this forum because his company did call me months ago for a job and I knew to turn it down due to payment issues posted by others. THANK YOU NOTARY ROTARY MEMBERS!!!!

Reply by Sandra Clark on 12/15/07 1:41pm
Msg #226219

Re: M. David Spear of Richmond, VA

I've heard he's out of business - the other Notary, by the name of Patricia Spears, is his mother. He's a deadbeat - I had my go round with him back last January, along with several other Virginia Notaries

Reply by Margurite on 2/6/08 11:20am
Msg #234264

Re: M. David Spear of Richmond, VA

Jon,

I'd like to file a claim also, can you keep us posted re: your claim. He owes me $125.00 from June of 2007. Thanks!