Posted by John Schenk on 10/7/09 7:11pm
Msg #306545
SUEING SECURE SETTLEMENTS, INC. TOMORROW
This post began at Msg #305955.
No check in the mail today so lawsuit tomorrow. You don't make idle threats in my business.
NOT IN GOOD STANDING with the Secretary of State. Imagine that!
http://www.ilsos.gov/corporatellc/CorporateLlcController
Registered Agent for Service: Edgar E. Fletcher, Jr., 404 Schuyler St., Oquawka, IL 61469
That's who gets served next week via certified mail, return receipt requested, restricted delivery to addressee only. They will have to file an answer by the 10th day following service, as this will be filed in J.P. Court, or a default judgment will be taken on the 11th day after service, which is probably what will happen. The default judgment will be for approximately $885.00, which includes my $25, court costs, and attorney's fees for filing suit and for time performing the prove-up. 30 days later, upon the judgment becoming final, the judgment will be abstracted in Illinois with execution on the judgment following, with all the additional costs added to the judgment. A few desks, a couple computers, and whatever else they find there picked up by the sheriff to sell at auction will probably come close to covering it.
I really do hate to get cheated. This may be for nothing, but it'll take a bankruptcy notice from them to the creditor (me) to stop it. They better file it before the sheriff sells their stuff.
I really hate to do this, but I hate getting ripped off worse. I certainly wouldn't recommend this to anyone that is not used to being involved in litigation. I further am definitely offering no legal advice to any of you. I am simply reporting to you what I am about to do, which may net me nothing in the end. However, it's more fun to me than dropping money into a slot machine or buying lottery tickets. My odds are better of winning something on this than playing the lotto, which I don't do. LOL This is 100% documented that they cheated me. It's just a matter of whether I can collect it or not.
IF they file an answer, they will be served with Interrogatories, Requests for Production, Requests for Disclosure, Request for Admissions, and a Motion to Shorten Time to Respond, with a notice of hearing right here in River City, as well a a Motion for Summary Judgment. In fact, they will probably get served with the discovery requests along with the petition. Should kick another few hundred bucks in there for my attorney for this most likely, uncollectable, judgment.
JJ
| Reply by Larry/IL on 10/7/09 7:37pm
Msg #306555
Kinda curious, if they are dead beats why do they not show up in the S/C section?
| Reply by Sylvia_FL on 10/7/09 7:54pm
Msg #306556
they are listed in Signing Central
I have linked the post
| Reply by John Schenk on 10/7/09 8:01pm
Msg #306559
Sylvia, where is the link? I never have figured that out! LOL
I DID post them in Signing Central. Thank you for linking it, but I don't know the "linking" process. LOL
JJ
| Reply by Sylvia_FL on 10/7/09 8:23pm
Msg #306564
When you are reading the first message in a thread, if you look under the message - next to the private Reply button, there is a "link" button. Click on that and then you will scroll down the page that appears to "start link", then you can select the company name from Signing Central, if the company is in SC. And then when you select the company you can click on "complete link"
Hope I have explained this Ok
| Reply by John Schenk on 10/7/09 7:58pm
Msg #306557
Thought they wouldn't be stupid and would pay me. It's in Signing Central now. Didn't want to add it until I knew they were going to cheat me out of 20% of my fee for sure. They didn't respond to my emails regarding the shortage, and their deadline to pay me was today, 10/07/09.
I've now given them until noon tomorrow to wire me $525.00 to avoid the filing of suit, or for Mr. Fletcher to contact me tomorrow by noon, CST to discuss a possible settlement. Once my attorney has filed suit, the game changes.
JJ
| Reply by Michelle/AL on 10/7/09 8:31pm
Msg #306570
I do Process Server work as well and I have some idea
now of how quick it is to rack of legal costs. I've been asked to go back to the same Defendant more than once. Each time I'm paid my full fee. Those legal costs can really add up.
I was smiling when I read your post. I know what you mean about not wanting to start legal proceedings, but like you...sometimes it's just the principle of the matter. It sounds like you know what you're doing. Keep us posted. I'd like to know how things turn out.
| Reply by John Schenk on 10/7/09 8:54pm
Msg #306575
29 years in the legal field come 12/21/09
I've participated in some suits on contracts, in both state and Federal Court, over that period of time, but most of those were suits on insurance contracts. A contract is a contract, and the ones I participated in were very technical contracts that required depositions in various states of the company President, claims handlers, underwriting employees, etc., etc., and when we went to the insurance company to take the depositions, we'd be there for a week or so. These were insurance bad faith cases, and we NEVER lost a single one of them. I LOVE contract cases!
THIS contract case doesn't have a bunch of provisions on page 9 that are contingent on provisions on page 28 that relate to provisions on page 42 that "might be excluded on page 36. LOL This is a simple, straight forward breach of contract case. They contracted with me to pay me $125.00. They send me a BS response, after paying me $100.00 on a closing that I busted my bun to get it done that day, and they think I'm going to accept that. EVERYTHING to prove my case is 100% documented. I can assure you that I won't lose this case on the contractual facts. The only way I can lose this case is if the Sheriff can't go out there and collect me some desks and computers when I execute this judgment! LOL
The attorney's fees are not mine, as they can't be, but are just a part of the suit. I'm not signing off pro se. The attorney will sign off on the petition. I'm just a little ol Plaintiff, represented by an attorney, once that suit is filed tomorrow.
I know what I'm doing, but I may never collect a penny. The only way for them to stop me from collecting is if they file bankruptcy. IF they do so, I have performed a service for some notaries down the line.
JJ
| Reply by John Schenk on 10/7/09 8:34pm
Msg #306572
I DO NOT RECOMMEND THIS COURSE OF ACTION...
for the 20% they shorted me. I'm NOT AN ATTORNEY, and recommend nothing anyway, but if you don't have the resources I have at your disposal, it would be very difficult for the average notary to pursue a case like this.
I have never, personally, sued anyone in my entire life. This IS just a matter of principal. My odds of collecting anything are BAD, but I have every intention of following through on this as my documentation is virtually perfect. I'm a member of this forum, and I believe we should get paid, unless someone files BK and we get ripped, which we can do nothing about. Nobody knew of this company until I posted them, and they have been in business since 2005. I settle cases, and would love to settle this one. However, if I proceed on it, which I will do, and collect nothing, I feel I have helped my fellow notaries. I'm going to take this one off the market, or I'm going to collect the balance of my fee.
JJ
| Reply by John Schenk on 10/7/09 10:07pm
Msg #306590
Our ATTORNEY Notaries, that are members here,
are welcomed to give their input. I know there are several, and I EXPECT they will post that pursuing this $25 fee is ridiculous, and I'm throwing good money after bad, and they would most likely be correct in their posts. That's EXACTLY what I would tell a friend of mine, if they were a notary and these facts were present. It's NOT worth pursuing...just forget it.
Instead of offering the obvious, I WISH our ATTORNEY notaries that are members here, could offer some constructive input. That would really be a nice contribution, and one that would be appreciated by me. Not asking you to carry the torch, but an input regarding the cause would be nice. I've already posted enough to show this contract is valid, and I performed on the contract completely. I KNOW of some potential defects, but those only relate to time. If I get a default judgment, it won't matter, provided my service on the agent for service is good, as it will be. If the clerk doesn't get a signed return card, I'll serve him personally, or serve him by publication for $25, after a motion for alternative service. These folks are going to pay me unless they file for BK.
JJ
JJ
| Reply by Bob_Chicago on 10/8/09 9:46am
Msg #306617
I ALSO DO NOT RECOMMEND THIS COURSE OF ACTION...
Not an attorney, and don't play one on TV, but from what I understand, you will not be
able to get a judgement for more than amount in dispute ($25) + court costs.
Further, question if a TX court has jurisdiction over an IL Co with no ties to TX beyond
calling an emailing you in TX.
In addition, you could be damaging your reputation with other TC/SS by your actions regarding this dispute, which from your posts, seems to be a communication problem
which got blown way out of proportion to the issues involved.
You do what you need to do, but suggest that you rethink it and confer with some of
the attorneys that you , apparently, have at your disposal.
Not legal advice, yada yada.
| Reply by John Schenk on 10/8/09 11:42am
Msg #306644
Re: I ALSO DO NOT RECOMMEND THIS COURSE OF ACTION...
Bob, you're wrong. Texas Civil Practices and Remedies Code §38.001 provides as follows:
CPRC §38.001. RECOVERY OF ATTORNEY'S FEES
A person may recover reasonable attorney's fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the claim is for:
(1) rendered services;
(2) performed labor;
(3) furnished material;
(4) freight or express overcharges;
(5) lost or damaged freight or express;
(6) killed or injured stock;
(7) a sworn account; or
(8) an oral or written contract.
I rendered services, furnished material (i.e. the printed docs) and had a contract. Is the venue proper here? Yep, I think so:
CPRC §15.092 CONTRACT
(a) Except as otherwise provided by this section, a suit on a written contact that promises performance at a particular place may be brought in the county and precinct in which the contract was to be performed.
....
Also:
CPRC §15.094 CORPORATION; ASSOCIATION; JOINT-STOCK COMPANY
A suit against a private corporation, association, or joint-stock company may be brought in the county and precinct in which:
(1) all or part of the cause of action arose;
....
You may see it as a communication problem, but I don't. That's your opinion and that's kewl.
Anyway, it's a moot point now. They've agreed to pay the balance they owe me, as they should have done and we wouldn't have gotten to this point. Case closed.
Have a super week! Not legal advice yada yada yada.
JJ
| Reply by Bob_Chicago on 10/8/09 3:04pm
Msg #306728
Each state is differet. Glad that it worked out for you.
Might want to ask one of your attorney buddies about the difference
between "venue" and "jurisdiction"
| Reply by John Schenk on 10/8/09 3:50pm
Msg #306736
Re: Each state is differet. Glad that it worked out for you.
Why would I need to ask somebody when I know, for the amount this case would have been for, it's in the Texas Government Code §27.031. Jurisdiction was covered, Bob. Not a problem there my friend. I guess it's kind of confusing if you're not used to dealing with filing lawsuits. I filed one yesterday in Wichita County and filing another one tomorrow in Clay County. This is what I do for a living, Bob...under attorney supervision yada yada yada
Yes, the laws do vary by state. I'm glad it worked out too. :-)
| Reply by LKT/CA on 10/7/09 8:40pm
Msg #306573
John, I'm just so glad to see that you are acting like a business and following through on collection processes. If more Notaries acted like a business, the SOX's of the world would have a tougher time stiffing their subcontractors without consequences. I'm like you....it's about principle and while it may cost you to fight for principle, to me it's a cost worthwhile to when the final result is a judgment and a tarnished credit record against the offenders. Good luck and keep us posted of the result so we can celebrate that justice was rendered.
| Reply by John Schenk on 10/7/09 9:33pm
Msg #306582
Thank you LKT...I'm accepting donations...
for my filing fees, service, and abstracting my judgment, and sheriff execution costs in IL, that I will probably have to do. LOL
You're absolutely right, though. SOX is a company that some notary should address, IMO and MY LAY OPINION, IF some notaries had done this, they would be gone now. They never called me so I have no problem with that company.
People eat it...write it off, and they do it because they can't afford to do it. That is not going to change. However, I'm going to get my judgment on this ONE, AND ONLY ONE company, and execute on it. They didn't stiff me, but they cheated me out of 20% of my fee, and I can totally, and FULLY document that. I've already posted enough of that transaction on here that documents it, but I have more.
AGAIN, I probably won't collect it if we have to go through litigation. Justice will be rendered if I take them out to not have them cheat any of YOU. It would just be 1 down, 100,000 to go. LOL
JJ
| Reply by John Schenk on 10/7/09 9:33pm
Msg #306583
Thank you LKT...I'm accepting donations...
for my filing fees, service, and abstracting my judgment, and sheriff execution costs in IL, that I will probably have to do. LOL
You're absolutely right, though. SOX is a company that some notary should address, IMO and MY LAY OPINION, IF some notaries had done this, they would be gone now. They never called me so I have no problem with that company.
People eat it...write it off, and they do it because they can't afford to do it. That is not going to change. However, I'm going to get my judgment on this ONE, AND ONLY ONE company, and execute on it. They didn't stiff me, but they cheated me out of 20% of my fee, and I can totally, and FULLY document that. I've already posted enough of that transaction on here that documents it, but I have more.
AGAIN, I probably won't collect it if we have to go through litigation. Justice will be rendered if I take them out to not have them cheat any of YOU. It would just be 1 down, 100,000 to go. LOL
JJ
| Reply by Sylvia_FL on 10/8/09 7:45am
Msg #306600
John
Maybe you can get your case heard on Judge Judy, People's Court or one of the TV judge shows - then the whole country can see how this company does not pay
| Reply by John Schenk on 10/8/09 9:26am
Msg #306611
Mr. Fletcher, Himself, Just Called me..check's on the way
That's all I wanted in the first place, GEEEEZ.
JJ
| Reply by Bob_Chicago on 10/8/09 9:54am
Msg #306622
Saw this after making my recent post. Glad that you seem...
to have worked it out.
Does not , however, change my opinion as to what I just posted.
As I said, appears to have been a communication problem.
I remember an old story about a dog sitting by the train tracks.
Train came by and cut off the tip of it's tail. Dog got so mad that
he tried to bite the train , which proceeded to cut off his head.
Good luck to you.
| Reply by John Schenk on 10/8/09 10:14pm
Msg #306778
Re: Saw this after making my recent post. Glad that you seem...
Thanks for the PM, Bob. Hope you understand the difference between jurisdiction and venue now. I would have had jurisdiction in the court I planned to file suit in, and the venue here was appropriate, and statutorily proper. Most likely would be the same for most of the states. There ARE a lot of differences in the laws of the states, but contract law seems to have considerable uniformity. The only reason that I would have had counsel on this suit, had I filed it, was so that the recovery of attorney's fees would be available. Otherwise, I needed no counsel at all for my own, personal, lawsuit. Filing a suit pro se provides very little incentive for someone to settle with you over such a nominal amount. You add attorney's fees in there, provided for by statute on a suit for contract, and it changes the perspective of someone that owes you. Ask Mr. Fletcher. LOL
JJ
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