Posted by Notarysigner on 3/12/10 10:53am
Msg #326882
Sadly I must say......
U.S. Certified/Michael...........LOST the case. This is a win for ALL notaries. Do not fear the SS...If you are not being paid..take it to the top. Find out who the CEO of the Title Company...not the local escrow officer (who may be in with the SS) and tell them you're not being paid. They don't want to hear that because it raises their insurance and bond cost. The will fire the SS.
And that notary liability list, the judge is probably still laughing.
Take a chance EVERY chance you get!!!!!!!!!!!!!!! yahoo!
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Reply by Shoshana/AZ on 3/12/10 10:54am
Msg #326884
Congrats!!!
Good Job!
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Reply by Tish/CA on 3/12/10 10:56am
Msg #326886
One small step from James, one giant leap for NSAs. Way to go!!!
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Reply by Marian_in_CA on 3/12/10 10:56am
Msg #326887
Congratulations! Very well done.
Sorry, Micheal.
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Reply by CopperheadVA on 3/12/10 10:58am
Msg #326888
CONGRATS!!! The Force was with you!!!! n/m
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Reply by Grammyzoom on 3/12/10 11:02am
Msg #326889
So glad for you and for all of us!!! Great job James. n/m
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Reply by CopperheadVA on 3/12/10 11:06am
Msg #326890
So, did the judge tell Michael to pay you??? n/m
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Reply by Notarysigner on 3/12/10 11:14am
Msg #326892
Re: So, did the judge tell Michael to pay you???
see pm
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Reply by Linda Juenger on 3/12/10 11:24am
Msg #326896
Great Job in behalf of all NSA's out there. n/m
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Reply by Sylvia_FL on 3/12/10 11:36am
Msg #326902
Re: So, did the judge tell Michael to pay you???
IMWTK, James.
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Reply by jba/fl on 3/12/10 2:15pm
Msg #326937
And...??? n/m
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Reply by BrendaTx on 3/12/10 11:11am
Msg #326891
A happy day indeed. :) Thanks, James! n/m
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Reply by Susan Fischer on 3/12/10 11:24am
Msg #326898
Great way to start the day, with a WIN. James, you
rock. And roll.
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Reply by Brenda/CA on 3/12/10 11:41am
Msg #326903
Congrats on winning the case James. Good for you for going to court against an SS for non payment.
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Reply by Marian_in_CA on 3/12/10 11:48am
Msg #326905
Actually... Jame's case wasn't really about non-payment. He was being sued because the SS claims James was responsible for "loss of business" because, as a result of James contacting the TC for help in collecting on some invoices (so the SS says) the TCs (I think there were 2) canceled their contracts with the SS. I believe the SS also claimed that Jame's posts here at NotRot contributed to it, too.
At least, I'm pretty sure that's what it was about.
The issue of the outstanding invoices between the SS and James, I believe, is still to be resolved. That's actually an entirely separate issue if you think about it.
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Reply by Notarysigner on 3/12/10 11:57am
Msg #326911
Re: you are exactly correct Marian......
the post on NR had a tremendous impact on the outcome
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Reply by Marian_in_CA on 3/12/10 12:15pm
Msg #326917
It's weird to think that something we post here...
might be part of a court record! Eeeks.
It is really interesting, though... because it shows just how much people pay attention here.
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Reply by jojo_MN on 3/12/10 11:45am
Msg #326904
Way to go!!!!
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Reply by Mia on 3/12/10 11:48am
Msg #326906
Congrats!
I must be the only one that doesn't know exactly what you are talking about when you
said..."And the notary liability list, the judge is probably still laughing".
Did they show a Notary Liability List in Court? Did you see the list?
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Reply by Julie/MI on 3/12/10 11:49am
Msg #326907
Mia, I don't understand the "list" portion either!
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Reply by Notarysigner on 3/12/10 12:02pm
Msg #326913
Here's the part I refused to sign, just a section but it refers to be responsible for illegal and LEGAL actions by the notary. They make the money, you have the responsibility...
I will not hold U.S. Certified Signers responsible for my illegal actions. I agree to take full responsibility
if U.S. Certified Signers and or its partners are named as a defendant on behalf of my illegal or legal actions,
allegations of illegal activity or claims regarding errors and or omissions. I will follow all my state and federal laws.
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Reply by Marian_in_CA on 3/12/10 12:11pm
Msg #326915
In other words... what that liability release is saying is that if the SS is named as a defendant in a case, James agrees to take responsibility -- even *IF* he did nothing wrong.
Let's say he performed a job for them, did everything legally... or perhaps refused to do something illegally (as often happens!) and as a result, the SS is on the hook. Well, this liability agreement implies that James would have agreed to take the heat for something he was legally obligated to do (or not do). Think of a request for back-dated notarizations, for example.
James wasn't comfortable signing it, and the SS knew it.... and even though they knew it, they still gave him TWO assignments without the signed agreement. Assignments for which he still has not been paid.
That's just my take/summary on what I've read.
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Reply by Yoli/CA on 3/12/10 11:58am
Msg #326912
Congratulations, Squeaky Wheel!!!
This is certainly a case to keep in mind.
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Reply by Calnotary on 3/12/10 12:21pm
Msg #326918
yahooooooooooooooooooooooooooooooo!!
I get up this morning and went straight to my laptop to see the outcome of your case, and I am so glad that everything went fine. It's a win win situation for all of us.
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Reply by Les_CO on 3/12/10 1:19pm
Msg #326922
Good for you/good for us...THANKS! n/m
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Reply by NJW/FL on 3/12/10 1:50pm
Msg #326924
So good to hear!!!!! Congrats!!
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Reply by cawest/PA on 3/12/10 1:53pm
Msg #326925
WOOOO WOOOO
CONGRATS
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Reply by cawest/PA on 3/12/10 1:54pm
Msg #326926
now what happens to Mickey? is he going to meet BUbba? n/m
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Reply by aanotary on 3/12/10 2:11pm
Msg #326934
WOW!! you had the world's fastest judge
I went to small claims in the same county and it took me almost 3 weeks to find out the verdict.
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Reply by Marian_in_CA on 3/12/10 2:23pm
Msg #326942
Re: WOW!! you had the world's fastest judge
Well... in this case, some of us kind of snooped at the court records online. The judge entred the decision first thing this morning, and the county where his case took place updates their records really fast.
I have a feeling the judge had made up her mind on the stand, but just entered the ruling later as a matter of habit.
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Reply by Shoshana/AZ on 3/12/10 2:27pm
Msg #326946
Re: WOW!! you had the world's fastest judge
What's the link? I'd love to read the decision.
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Reply by Marian_in_CA on 3/12/10 2:35pm
Msg #326948
Re: WOW!! you had the world's fastest judge
There's notthing to read... it only says that the judgment was entered for the defendant. It's a small claims case, so there aren't any notes.  I wish there were... I'd love to know the judges thoughts.
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Reply by Linda_H/FL on 3/12/10 2:47pm
Msg #326950
Good for you James...congratulations!!
Hopefully he now has to pay you your fee, late fees, court costs and statutory interest...
Cheers!!
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Reply by GOLDGIRL/CA on 3/12/10 3:26pm
Msg #326962
James doesn't have any direct court costs ....
cos he was the one being sued.
As to whether U.S. Certified will pay him what they owe for the signings he completed - at this point, I don't know if they would, cos they've already lost all their business with the TC over not paying him, and now they've lost their bonehead case - they have nothing to gain by voluntarily paying him now - except if they just want all this to end and avoid a possible suit filed by James to get paid, which they would also surely lose! Of course, he's out alot of time preparing his defense - not to mention all the harassment, aggravation and headaches he's gone through ....
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Reply by MistarellaFL on 3/12/10 4:12pm
Msg #326974
re: voluntarily paying him now
I don't know about CA, but in FL I would take them right back to small claims for the amt owed, and after a judgement is reached in my favor, I could put a "judgement lien" on the defendent.
Meaning it would be on his credit report, and he couldn't buy real estate without having that paid off.
Just a thought, if applicable in CA.
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Reply by Notarysigner on 3/12/10 3:59pm
Msg #326967
When I am paid.... My case will be over....until then Michael get ready!
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Reply by MW/VA on 3/12/10 4:02pm
Msg #326969
Congrats, James. Thanks for standing up to the ss & helping
out the industry as a result. Why do they think they can stiff us in the first place?
I'm glad to hear the ruling came in quickly.
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Reply by John Schenk on 3/12/10 4:03pm
Msg #326970
WTG James! :D n/m
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Reply by Cari on 3/13/10 8:34am
Msg #327080
WOW! HURRAY AND CONGRATS! n/m
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