Posted by Joy223/MI on 2/20/08 7:47am Msg #236166
Another dead beat signing company.
Back in August I did a signing for Paragon Title company out of Livonia, MI. I have been trying ever since to get them to pay me. At one point I tried again to call them and low and behold the number was disconnected. After a few replies to one of my previous posts on here and a little detective work on my part I discovered that they are now called American Mortgage Center. They are located at the same exact address as Paragon and are owned by the same Tim Goslin. In speaking to Tim he told me he would get the check right out to me and I would have it in 2 days. That was 2 weeks ago. Last night he said he would call me back (since he was driving) and would get my address again and over night the check to me (yeah right). I know I should have never let this go this long. I am still learning the business. After talking to another notary (who happens to be a mentor to me) I have decided to go to the States Attorney General with this since we are both in Michigan. Not sure what will happen if anything but I wanted to let all of you know what a dead beat this guy is along with his company. As always this is my opinion.
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Reply by sue_pa on 2/20/08 7:59am Msg #236169
since you are both in the same state, SUE him. Why drag your feet any longer?
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Reply by CopperheadVA on 2/20/08 8:29am Msg #236173
Great idea. You may only have to go as far as to complete the small claims paperwork, fax it to him with a short deadline to receive payment before you file the court paperwork. Just receiving completed court papers ready for filing sometimes makes companies pay up. Also, since it was a TC, try contacting the lender or perhaps the TC has a bond you can make a claim on.
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Reply by WDMD on 2/20/08 8:51am Msg #236174
"since you are both in the same state, SUE him. Why drag your feet any longer?"
I have found that a face to face meeting does wonders also.
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Reply by Mia on 2/21/08 8:57am Msg #236351
Small Claims
Joy, file in Small Claims Court. Don't expect the State to collect the money owed to you.... the State will indeed look into possible unethical or illegal practices (especially if they have had prior complaints).
File the Small Claims proceedings in your County. Make sure the complaint lists the owners name of Paragon Title Company, and also have the Lender on the Small Claims form. You may get your money when the Court sends the compalint to them.... but, then they just might ignore the complaint and not show up for the appointment in Court. If they don't show up in Court, the Judge will set another date for the Small Claim complaint -- however, the clock starts ticking for the interest that Paragon Title will be liable for. On the third time you go to Small Claims Court and they don't show, the Judge will put out a warrant for their arrest. Make sure you add a copy of your confirmation to the Complaint form. Oh, make sure you add the amount of the cost for filing the Small Claims to the Complaint form --- there are other costs that you can recoup for filing, just ask the Court Clerk what you can add to the complaint.
Good Luck! But I know you will get your money. ;-)
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Reply by sue_pa on 2/21/08 9:24am Msg #236353
very different
here, when you file they MUST let the court know they are going to appear and defend. If they fail to do so they lose and a judgment is entered. Plaintiff doesn't even have to show up in court. No second chance unless they appeal to the common pleas court.
Arrest warrant for a civil action? Wow !!! The only reason I know of in PA that this will be done is if the defendant received a subpoena and the moving party asks the judge to hold them in contempt of court for ignoring the subpoena. This would cause a bench warrant (go immediately to jail until you can appear before a judge - NO way out of it) I know a lawyer that did this locally (subpoenas were issued for depositions in aide of execution) and it caused a HUGE ruckus and the practice was halted almost immediately. All the local lawyers could see grandma going to jail on Christmas eve on her way home from church because she got pulled over for an unlit tail light - her 'crime' was failing to pay her Sears bill of $100 - although as I said the actual 'crime' was contempt of court for failure to comply with a subpoena.
small claims is very easy in PA.
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Reply by ALL SONOMA MOBILE NOTARY - Judith Neeley on 2/21/08 1:20pm Msg #236384
In CA different still...the party who doesn't show up loses
The judgment is then for the party who does show up.
Getting the judgment is only part of the battle of collecting. They don't just automatically pay. Some still won't pay. I always photo copy checks from my clients before depositing. That way, if ever there is an issue down the road, I have a bank account routing and account number I can lien if necessary.
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Reply by Mia on 2/22/08 9:04am Msg #236540
Different States, different Laws..
Different States, and different Laws. There are other ways about collecting too (depends on the County) -- in some Counties all you have to do is send some money in with the Complaint and they will have a repo person go out and repo personal items of the defendant --- the defendant will have a set amount of days to claim the personal items, and if it they don't, then they put the items up for auction.. and then the money that is owed will be sent to the plaintiff.
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