Posted by onthegoinfl on 2/22/07 1:59pm
Msg #176793

Will Be Filing Small Claims Against SOX EOM

I have not received any payment for my November signings (the last time I'll ever work for SOX) after repeated attempts to collect the debt. I sent them a final notice on Monday stating that is payment was not received by Feb. 28, I would be taking this to small claims court. Does anyone know if you can file in your home state (FL), or does it have to be the County where SOX is located? Thanks.

Reply by Charles_Ca on 2/22/07 2:08pm
Msg #176797

I am not an attorney nor am I in your state. Your county and frequently local courts may have different rules. It has been my experience that Small Claims Court considers the venue to be where the business transaction ocurred. This may be different for your court and area, you will need to go to your court and obtain their Small Claims Package. NOLO Press has an excellent book regarding Small Claims Court and how to proceed. Thier URL=www.nolo.com

Reply by onthegoinfl on 2/22/07 2:10pm
Msg #176798

Thanks, I am fairly certain I'll have to file in CA where SOX is located. I called the small claims court there and they said I could add in travel costs if I have to fly out there to attend the hearing, plus filing fees of course.

Reply by MistarellaFL on 2/22/07 2:12pm
Msg #176799

My experience in small claims filing in FL

with regard to the respondent being in another state.
I have had to file in the county my business address is located in, not where the other party is located.

Reply by Charles_Ca on 2/22/07 2:57pm
Msg #176809

Thanks Misty, I was hoping someone from Fl would reply...

Courts avry so much that it's nice to have local knowledge. In California the venue can be either where the transaction occured or the legal location of the respondant.

Reply by PAW on 2/22/07 4:28pm
Msg #176822

Re: Thanks Misty, I was hoping someone from Fl would reply..

>>> In California the venue can be either where the transaction occured or the legal location of the respondant. <<<

Same in Florida. The SC court here has a form that must be completed to assign venue for the hearing. It's called a "Right to Venue Statement" which reads as follows:

The law gives the person or company who has sued you the right to file in any of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant(s), have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:

(1) Where the contract was entered into.
(2) If suit is on an unsecured promissory note, where the note is signed or where the maker resides.
(3) If the suit is to recover property or to foreclose a lien, where the property is located.
(4) Where the event giving rise to the suit occurred.
(5) Where any one or more of the defendants sued reside.
(6) Any location agreed to in a contract.
(7) In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.

If you, as the defendant(s) believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer OR you must file a WRITTEN request for transfer, in Affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a copy to the plaintiff(s) or plaintiff(s) attorney, if any.

Reply by DocumentDiva on 2/22/07 2:14pm
Msg #176802

Another excellent website for information is www.lawyers.com. They have a community section where you can post your questions, and they are usely answered very promptly.

Reply by Simple Solutions Notary Service - JoAnn Baracosa on 2/23/07 12:59am
Msg #176864

Re: Why not a class action law suite

Every one get together and file one suite. Find a Good lawyer and see what happens.
I have never signed with them but I know people who have.

Reply by cara on 2/22/07 2:25pm
Msg #176805

CA Small Claims Info

IMHO one of the best resources for filing small claims in CA is the official court site: http://www.courtinfo.ca.gov/selfhelp/smallclaims/ This site explains the procedures in details and has links to fillable forms that can be printed out. Good luck!

Reply by Ndwa on 2/22/07 2:45pm
Msg #176808

Why?

You've been on NR long enough (since 05/05) to know who SOX is and still managed to accept a signing from them.

Reply by karenbrownAZ on 2/22/07 6:04pm
Msg #176828

What Percentage??

What Percentage of your fees do you have to take to Small Claims? What percentage do you have to take some sort of collection act, be it writing letters, multiple calls, etc??

Reply by karenbrownAZ on 2/22/07 6:04pm
Msg #176829

What Percentage do you send to Collections??

What Percentage of your fees do you have to take to Small Claims? What percentage do you have to take some sort of collection act, be it writing letters, multiple calls, etc??

Reply by Lee/AR on 2/22/07 6:22pm
Msg #176832

try BBB in Aliso Viejo, CA first

Costs nothing and it works. At least, it did for me.

Reply by Barb/MO on 2/22/07 8:45pm
Msg #176842

Getting a judgment against SOX is only half the battle

Once you get the judgment, you'll have to execute on it to collect--as it's unlikely they'll just fork over the cash. And you can only execute in a jurisdiction in which you've either obtained the judgment or have registered the judgment. That's not to say you can't file suit and get judgment in your county, but if you don't find SOX property to levy on there, it won't do a lot of good, other than to serve as a black mark if it hits the radar screen on, for example, a credit check. You'd have to register it in a county where you find SOX property, such as where they have a bank account on which you can run a garnishment.

That being said, I wouldn't discourage you from filing suit in your county, or at least threatening to. It might be enough to get them to pay up to make you go away. As has been suggested here before, you might consider drafting a petition (usually a fill-in-the-blank form) and fax it to them with a promise to file it before filing to see if they'll pay.

(I did just have a thought--I've been out of the judgment execution business for seven years. But wth the more recent development of national banks, I wonder if an account of an entity at a bank with a regional or nationwide presence could be garnished at any branch in any jurisdiction. That would surely be too easy to work.)

At any rate, good luck!

This is strictly my opinion only, I am not an attorney, and the above should not be taken as legal advice.

Reply by Susan Fischer on 2/22/07 9:47pm
Msg #176848

Re: Great point about intrastate banking, Barbara. Used to

be, I couldn't deposit to my home state Idaho bank account at {Name a Big Bank] from, say, Oregon. They couldn't 'transfer funds' within their own bank across state lines. Now, after strong lobbying, the many new laws have broadened banking transactions without regard to state line restrictions and, further, with ATMs, online banking, etc.

So it looks like Sx's assets ($ in bank account) would be construed as an "Oregon asset" by virtue of virtually global accessibility? I can't imagine a loophole to allow everyone to be 'judgment proof' outside one's home state.

Lay opinion only, NAA [not an attorney],
Cheers!
Susie

Reply by MikeC/NY on 2/22/07 9:41pm
Msg #176847

Collecting from SOX

The key to getting paid by SOX may be buried on their website:

****************
4. RESOLUTION OF COMPLAINTS
Notary agrees that if he/she has a complaint regarding payment of fees for services performed, he/she shall put such complaint in writing and either FAX such complaint to (949) 643-7031, “Attention: Accounts Payable,” or send such complaint via U.S. Mail or overnight delivery service to:

Accounts Payable Department
Sign On The X, Inc.
11 Mareblu, Suite 100
Aliso Viejo, CA 92656-3044

Complaints shall not be communicated orally, by telephone, or via e-mail. Notary agrees not to report any dispute with SOX to any outside organization or agency until at least 60 days after submitting a written complaint to SOX as set forth above. Notary further agrees that under no circumstances shall he or she contact the lender about payment of Notary’s fees. Violation of this provision shall result in termination of this Agreement.
***************

I used this plus some progressive faxing to get their attention several months ago. It took about 4 days of faxing a growing number of pages before they responded (I think I was up to 10 pages before they asked me to stop), and I had the check less than a week later. No complaint to BBB, no threats of lawsuit. Unfortunately, you have to play by their rules and get in their face if you want to get paid; flood that fax number with repeated requests for payment, and then resolve to never accept another assignment from them again.

You should never work harder to collect your money than you do to earn it.

Reply by TRG_wy on 2/23/07 8:51am
Msg #176876

Re: Collecting from SOX

Good information Mike. Like your tactic too.

I contend that that S*X already violated their "agreement" by failure to pay in a resonable period of time. Trust me, I use every available means to collect past due invoices.

Reply by MDNSA on 3/23/07 1:23pm
Msg #181579

I had trouble getting paid from SOX last fall. 90 days...I filed a complaint with the Better Business Bureau local to SOX and received my check 8 days later.

The BBB works. Surprised me.