Posted by snowflake/PA on 8/21/08 4:13pm
Msg #261121

PA notaries - statute needed for suit with magistrate

I need to sue a signing service for alot of money. 90+ days past due. Magistrate's form requests citation of statute. Would anyone have the specific statute I could quote? I suppose I could ask the girls in the office, however, they are a miserable and less than helpful bunch. I was questioned when I asked for their forms why I would sue in that particular magistrate's office and I said I was following the advice of my attorney. I'd appreciate any help you could provide.

Reply by sue_pa on 8/21/08 4:37pm
Msg #261124

I've never used a statute - on the form it only asks for the citation if you are asking for civil fines, which I am assuming you are not. Here, the girls in the office won't answer anything - they've got signs posted and taped everywhere saying not to ask, consult a lawyer. Just type in the very basics - they contracted you for xxx service on xxx, you performed the services, they have failed to pay you despite demand.

You can sue in your jurisdiction, where the borrowers live (or wherever you signed), or where the signing service is located.

Reply by snowflake/PA on 8/21/08 4:39pm
Msg #261125

Thanks, Sue. I'll just provide the basics to them.

Reply by DianeCipa on 8/21/08 10:21pm
Msg #261155

I agree with Sue.

I just file at my local district justice office. It's right next door. That way they have to come to you if they intend to go to the hearing. If they don't show you win a default judgment. If they don't appeal it in 30 days, you can execute.

PS If they dodge the certified letter and you are sure of the address, pay to have a constable hand deliver service.

Deadbeats will always pay eventually if they find out you are serious. Sometimes it takes a sheriff tagging the laptop, but you'll recover what they owe plus costs. It's worth it.

Reply by goodgirl on 8/22/08 10:11am
Msg #261207

Re: I agree with Sue.

I hope the defendant (s) is not out of state. Of course, you'll have to pay a filing fee with your local magistrate up front. If your state has a reciprocal agreement with the state of the defendant, you might have a better chance of getting restitution. It's like collecting on an out of state bad check - it not very promising.

Reply by snowflake/PA on 8/22/08 11:21am
Msg #261221

Re: Lucky for me the company is in PA also. n/m