Posted by anita55109 on 7/11/08 4:47pm
Msg #254928

Small Claims Court

I need some advice on how to go about filing with Small Claims and if it is even worth it. I did a signing for Kensington Title/Kensington National Land Services and they paid the wrong notary. I am so angry. I got a call today after a month of going back and forth and refaxing the invoice and getting the runaround to tell me that they have no intent of making this right. I printed two loan packages of over 200 pages each and drove 45 miles to do this for them. Someone else took my money and I want it. Please advise if you have ever done a small claims court filing. Thank you

Reply by jojo_MN on 7/11/08 4:49pm
Msg #254930

Did you contact the notary that received the payment? I think that might be the first step. I've worked with Kensington before and they seem like they would be fair. You did your job and you have a right to be paid.

Reply by CopperheadVA on 7/11/08 4:50pm
Msg #254931

Were you listed on the HUD? What exactly did they say when they said they would not be paying you?

Reply by Sharon Moyer on 7/11/08 5:15pm
Msg #254937

I own an apartment building and end up in small claims from time to time. I would try to go after the title co., reason you can place a Writ of Garnishment on them. Most of the time bigger companies will go on and pay up. If you go after the notary you can't know for sure if you can get your money from her so even if you win all you have is a piece of paper. Go to your local court house they should have a booklet that will guide you in what you can and should do. Have you tried to get in touch with top management of the title co.?

Good Luck
Shaz

Reply by jojo_MN on 7/11/08 6:39pm
Msg #254944

I wasn't implying that you go after the other notary for payment, just to verify that they did, in fact, get paid. It would be very easy for a SS to say "Oops, I paid it to someone else by mistake, too bad for you".

It is not your place to go after the notary for payment, the company that hired you should.

Just last week another company sent me someone else's check by mistake. I called the notary and informed him that I was putting it in the mail that morning. Any honest person would do the same.

Reply by ZeeCA on 7/11/08 6:57pm
Msg #254948

Re: Small Claims Court -- JoJo-- I totally agree with you. n/m

Reply by ZeeCA on 7/11/08 5:57pm
Msg #254940

going after the other notary is NOT your responsiblity or

problem -- that is whoever paid them. Your contract is btwn you and Kensington, the title company, the broker, L/O etc. I would not include the BO but I know others feel that you include the BO.

what documentation do you have with the $ amount? Do you have a confirmation of the $$ amt? I also wonder if the other notary got paid if you made an error/s and another notary was asked to go out and fix it. ( I don't know you and not making any judgements - just wondering)

Reply by jba/fl on 7/11/08 7:45pm
Msg #254950

Re: going after the other notary is NOT your responsiblity or

If they have a problem w/other notary, so be it; not your problem.

Your problem: getting YOUR money. I would ask to see copy of check to other notary since I have heard that they are getting slower and slower. In view of this, I think perhaps this could be a payment dodge...the old, "The check's in the mail." Remember Roseanne show: I sent the water check to the electric co., the electric co. check to the mortgage co, the mtg. ck to your mom,...and so on.

Just a thought...

Reply by Linda_H/FL on 7/11/08 7:52pm
Msg #254951

May I also suggest..

that you get a copy of the recorded security instrument...make sure it's YOUR signing that got recorded and, in fact, for whatever reason they didn't send someone else out..then I'm with JBA...request a copy of the canceled check they issued.

Reply by jba/fl on 7/11/08 10:24pm
Msg #254963

Re: May I also suggest..

And check stub showing details of signing (name, date, etc.)_

Reply by Jack Tri on 7/11/08 8:18pm
Msg #254953

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

Reply by Linda_H/FL on 7/11/08 8:20pm
Msg #254954

She's in MN.. n/m

Reply by Jack Tri on 7/11/08 10:10pm
Msg #254961

Re: She's in MN..

http://www.mncourts.gov/selfhelp/?page=313

Reply by MikeC/NY on 7/11/08 11:19pm
Msg #254968

If this is Kensington Title in NY, you may be out of luck as far as small claims court is concerned. We can't sue in small claims court if the defendant is out of state, and I'm pretty sure it works the other way as well - NY Small Claims Court is for NY residents against NY residents/companies only.

You can only file a lawsuit in a court that has jurisdiction over the defendant. I believe your only option against a NY company would be to file in NY Supreme Court, and that's a heck of lot more expensive than Small Claims...

It would probably be easier to contact the NYS Insurance Dept. with your complaint:

http://www.ins.state.ny.us/

Reply by Hugh Nations Signing Agents of Austin on 7/12/08 11:22am
Msg #254980

Generally, a business is subject to suit wherever it des business. A California title company does a closing in my county, I can sue them in my county. However, small claims court is almost always useless unless you are suing a company or individual which is at the minimum located in the same state, and preferably the same county, as the plaintiff, for two major reasons: Getting initial service on the party, and, after judgment, collecting the judgment.

I see a lot of posters who rattle on about small claims court. It is usually wasted effort. You would be better served by pursuing every other option to the maximum.

Reply by Lee/AR on 7/12/08 7:11am
Msg #254974

Who cares who they sent the check to--they owe YOU and

it sure as heck isn't your responsibility to collect from the notary. That--and paying YOU--is Kensington's job! I think I'd give the Lender a call....or threaten to do that if Kensington doesn't get their heads screwed on straight.