Posted by ME/NJ on 12/18/10 4:14pm
Msg #365446

Ben Tran- NorthStar Notary CA

Has anyone worked for this company or person? Read a couple of good things about this company and now I wished I never did a job for him.

I did a signing for him the first week of November and this person has avoided my emails and calls for two weeks.

He is now on Santa's bad list and a certified letter goes out this week with a drop dead date or a warrant for his arrest is issued for Thief of Service.. Hope Mr Tran pays up, would be sad to be pulled over and then taken away in handcuffs.. Love NJ

Reply by Linda_H/FL on 12/18/10 4:58pm
Msg #365448

Seriously?? "warrant for his arrest is issued for Thief of

Service"...

Would love to read that statute.

Reply by Riley/FL on 12/18/10 5:39pm
Msg #365468

you can't have someone arrested because they owe you money. n/m

Reply by Mary Ellen Elmore on 12/20/10 3:18am
Msg #365539

Re: you can't have someone arrested because they owe you money.

In Tennessee you can to jail for "Theft of Services"

Personally know people that have done of time for failure to pay for dental work and satellite tv.

I would assume that may be on the books in other states also.

Reply by HisHughness on 12/20/10 4:05am
Msg #365542

It just isn't that simple

***In Tennessee you can to jail for "Theft of Services"***

And you can go to jail in every one of the 50 states, and probably all the territories, for the same thing.

But an essential element of <any> crime is intent: You have to intend to commit the act. Just owing someone money is not sufficient to render the act criminal in nature. You have to have entered into the transaction with the intention of never paying and thus defrauding someone of their money or services. Note that the Tennessee statute that quote in your followup post requires, right there on the front end, that the person acted "intentionally."

That intent can be imputed. You can, for example, act in such reckless disregard that you can be deemed to have had the intent to commit a crime. Then it becomes a matter of proof, to ascertain whether the intent was indeed to defraud.

But, once again, just not being able to pay someone a debt that you owe is NOT a criminal offense. We did away with debtors' prisons in this country a couple of centuries ago.

I am quite glad that we did.

Reply by Mary Ellen Elmore on 12/20/10 6:25am
Msg #365545

Re: It just isn't that simple

These signing services that are not paying, IMHO-that does not count for much-don;t intend to pay--at least some of them. And I do believe that it could be proved.

The thing is is it worth the time and expense or not?

Reply by ME/NJ on 12/18/10 6:00pm
Msg #365472

Re: Seriously?? "warrant for his arrest is issued for Thief of

I've posted the NJ law here a couple of times.. I am a goverment official who provided a service, failure to pay for service is a very big NO NO in NJ.

If I file the charges I give up the right to the money, and the owner (if not Ben Tran) has a warrant issued for his or her arrest. So if the owner of the company is pulled over for a broken light and the police run him on the computer.. out the cuffs come.

I've have done this in the past with other deadbeats and have been paid quickly once the certified letter and copy of the NJ law goes out.

Reply by Riley/FL on 12/18/10 6:10pm
Msg #365474

Aren't they in California? n/m

Reply by ME/NJ on 12/18/10 6:38pm
Msg #365475

Re: Aren't they in California?

No problem.. Not like Florida where all the deadbeat dads run to avoid being arrested. All depends on the state and police if they want to enforce the open warrant.

Reply by Riley/FL on 12/18/10 7:02pm
Msg #365476

Re: Aren't they in California?

We have no such law we can use as leverage to obtain payment. I'm glad it works for you.

But like you said, if it doesn't and you press charges, you forfeit the money. I hope you have explored all other avenues to get your fee because I seriously doubt that any CA police agency is going to arrest someone for what is tantamount to a parking ticket in NJ.

Reply by MistarellaFL on 12/21/10 7:46am
Msg #365618

Not like Florida where all the deadbeat dads run

A little OT but deadbeat dads will lose their D/L in FL....not a great place to run if you don't want to pay your CS.

Reply by jba/fl on 12/21/10 2:14pm
Msg #365640

Re: Not like Florida where all the deadbeat dads run

And if that doesn't work, then purge warrants are issued, which means you stay in jail until the purge amount is paid, usually $200-$1000. If you stay too long, then you go to work release, give 1/2 pay to them for housing you, the balance towards purge bond. Then, you can get out.

Don't know why you would think FL is not together when it comes to deadbeat parents - not just dads either.

Reply by Susan Fischer on 12/19/10 4:51am
Msg #365495

True that. n/m

Reply by jba/fl on 12/19/10 9:18am
Msg #365505

what's true? n/m

Reply by BrendaTx on 12/19/10 12:00pm
Msg #365508

Proper spelling is, "True dat."

That might be what caused your confusion.

Reply by Linda_H/FL on 12/19/10 12:22pm
Msg #365512

That phrase drives me crazy

I had a signing - everything I said about the loan docs in presenting them the wife responded with "true dat" - this was a very affluent neighborhood and the signers were a university professor and his wife.

Ever since, this phrase just makes me shudder - street slang comes to mind, among other things....

MHO

Reply by HisHughness on 12/19/10 1:11pm
Msg #365517

Re: That phrase drives me crazy

***Ever since, this phrase just makes me shudder - street slang comes to mind, among other things....***

True dat, Linda.

Reply by jba/fl on 12/19/10 1:20pm
Msg #365519

Re: Proper spelling is, "True dat."

No, I don't care to ghetto talk....I don't know all the meanings and at this stage of my life I don't find it necessary to get along and through my days.

Reply by Susan Fischer on 12/19/10 6:11pm
Msg #365535

True, if I intended to say "dat," which, I wasn't. n/m

Reply by BrendaTx on 12/19/10 6:18pm
Msg #365536

Oh come on. Say dat. n/m

Reply by Susan Fischer on 12/19/10 12:39pm
Msg #365513

"All depends on the state and police if they want to

enforce."

That's true.

Reply by jba/fl on 12/18/10 7:36pm
Msg #365477

Re: Seriously?? "warrant for his arrest is issued for Thief of

So, just curious, do you work for Frank @ Speedy without fear of no-payment?

Reply by ME/NJ on 12/18/10 8:30pm
Msg #365483

Yes work for Frank every so often

Frank offered helped when my place caught on fire a couple of years ago. Why would a NJ company stiff a NJ notary, thats just plain stupid knowing what could happen and how easy thing could happen.

Local PD calls company directly. Our if you want the money that bad small claims

Reply by HisHughness on 12/18/10 10:27pm
Msg #365487

Re: Yes work for Frank every so often

***Local PD calls company directly.***

If I interpret this correctly through the poor grammar, you're saying that your local police department assists in the collection of bad debts.

There is a technical term for that sort of claim. It is "bullshit."

Reply by ME/NJ on 12/19/10 12:53am
Msg #365490

Re: Yes work for Frank every so often

My local PD will call a NJ company while I am there getting ready to file charges (yes friends on the force) Only 1 NJ company came within 24 hours of me placing charges in the last 9 years.

See if someone misses a court date in NJ a warrant is issued and the county sherriff goes after them (NJ sherriff office - protects county courts and goes after outstanding warrants)

If I need to send out the letter myelationship with that company or person is over. 9 years and only stiffed once RICHMOND Title 6 years ago (partial)

Reply by Susan Fischer on 12/19/10 5:21am
Msg #365498

And that ends it. It's a civil matter. n/m

Reply by Mary Ellen Elmore on 12/20/10 3:21am
Msg #365540

Tennessee Code Annotated § 39-14-104

39-14-104. Theft of services. —


A person commits theft of services who:

(1) Intentionally obtains services by deception, fraud, coercion, false pretense or any other means to avoid payment for the services;

(2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the benefit of another not entitled thereto; or

(3) Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels and restaurants, without payment or a bona fide offer to pay.

The penalty for Theft of Services depends upon the monetary value of the services:
(1) Class A Misdemeanor if the value of the services obtained is five hundred dollars ($500) or less, punishable by a maximum penalty of eleven months and twenty-nine days and a fine up to $2,500.00.
(2) Class E Felony if the value of the services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1000), punishable by one (1) to (6) years and a fine up to $3,000;
(3) Class D Felony if the value of the services obtained is more than one thousand dollars ($1000) but less than ten thousand dollars ($10,000), punishable by two (2) to twelve (12) years and a fine up to $5,000;
(4) Class C Felony if the value of the services obtained is more than ten thousand dollars ($10,000) but less than sixty thousand dollars ($60,000), punishable by three (3) to fifteen (15) years and a fine up to $10,000;
(5) Class B Felony if the value of the services obtained is sixty thousand dollars ($60,000) or more, punishable by eight (8) to thirty (30) years and a fine up to $25,000.
Theft of Services:
To be found guilty of the offense of Theft of Services, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(A)(1) That the defendant obtained services;
(2) That these services were obtained either by deception, fraud, coercion, false pretense or by any other means to avoid payment for these services; and
(3) That the defendant acted intentionally.
-or-
(B)(1) That the defendant had control over the disposition of services to others; and
(2) That the defendant diverted those services to his/her own benefit or to the benefit of another not entitled thereto; and
(3) That the defendant acted knowingly.
-or-
(C)(1) That the defendant absconded from an establishment where compensation for services is ordinarily paid immediately upon the rendering of these services; and
(2) That the defendant absconded without payment or a bona fide offer to pay; and
(3) That the defendant acted knowingly.

Reply by MichiganAl on 12/19/10 12:30am
Msg #365489

I just talked to Santa.

He thinks you've been smoking from Frosty's pipe again.

Reply by anotaryinva on 12/19/10 8:29pm
Msg #365537

Is this the same NORTH STAR

that was posting passwords? Check message #347849

Reply by Carolyn Bodley on 12/20/10 5:01pm
Msg #365597

You've definitely got too much time on your hands. With that said, what you don't realize is that you're cutting your nose off to spite your face. Hope you've enjoyed your signing career because you have become the drop-dead LAST person any signing service, title, broker, etc. will call for a signing.

Reply by ME/NJ on 12/21/10 1:36pm
Msg #365639

Been doing this for 10 years, how is this going to hurt my business? If it gets to this point I don't want the business from a dead beat. Honest companies outline payment terms and honor them.

Now if you tell me payment within 3 weeks and 2 months later there is nothing in the mail and no replies to call and statements.. Yes I will file charges.