Posted by walthtz on 9/1/10 9:55am
Msg #351178

Taking a Company to Court

Hello All.
I am hoping that someone has a little insight here that can help me.
I am trying to collect money that is owed me for a signing company that hired me
to close a loan.
After several letters & phone calls, I am tyring to figure out the next step.
If I take this company to court, do I need to go to a court in their area, or
can I go after them from my area. I am in NJ., The company in question, is in
Pittsburgh, PA. ; The title comapny is in NY & the BR is in Ocean County, NJ.
I know that you do not have to after the BR or the title comapny, But I am not
sure if the title company paid the Signinging company or even if the loan was
settled with the customer.
At least, if I do not end getting what is owed me, I possibly can get a lien put
on their business or home.
I am not sure sure which way to go here & would appreciate any any advice that
others might have have on this subject.
Thank you in advance.
Walter in NJ.

Reply by OR on 9/1/10 10:06am
Msg #351180

Re:I believe it is state specific n/m

Reply by James Dawson on 9/1/10 10:44am
Msg #351188

Try contacting [e-mail address] She is the president of the NJ Notary assoc according to my last communication (last year). She may be able to help you. Good luck and don't quit until you're satisfied.

Reply by CopperheadVA on 9/1/10 11:40am
Msg #351190

See messages:

Msg #270894

Msg #272027

Msg #297993

Reply by BestFlCloser on 9/1/10 11:55am
Msg #351194

Go after the title company and the lender. Send registered letters to each of them, letting them know that you are going to be starting an action for recovery of your fees and accusing them of ' unjust enrichment' We are subcontractor to the lender and TC, they do have a fiduciary responsibility to those of us down the food chain. Without us, their deal would not close. Don't be bashful.

Reply by Bob_Chicago on 9/1/10 12:21pm
Msg #351199

Attorneys in several states might well disagree with several

of your comments.
Contacting the TC/Lender with demands , might well get you placed on a
"Do Not Use This Notary" list, and not help in getting you paid.
Remember the story of the dog sitting by the train tracks.
Train came by and cut off the tip of his tail. Dog got mad and bit the train, which proceeded to cut off his head.
Moral "Don't loose your head over a piece of tail"

Reply by Hugh Nations Signing Agents of Austin on 9/1/10 12:59pm
Msg #351202

Re: Attorneys in several states might well disagree with several

***Moral "Don't loose your head over a piece of tail"***

Where were you 60 years ago when I could have actually used that advice?

Reply by BestFlCloser on 9/1/10 1:43pm
Msg #351205

Re: Attorneys in several states might well disagree with several

Why would you care about being on a 'Do not use lists' by a TC, if they didn't pay you in the first place. My feeling, after being in business for over 45 years, is that the deal must be good for both parties. If we do the work, but the TC decides not to pay or short us or whatever, we should sit still because maybe, just maybe they won't use us again? Great, don't use me again, just pay what you owe and have a good life. The TC's would like us to believe that they paid slowly, we know that generally is not the truth. The NSA should be a partner in their loss, but not their profit. I just want to get paid the amount that was agreed upon, period. If not, I'll do what is necessary to protect my interest. If we could clean out the dregs of TC's that abuse us, wouldn't we all be better off.

Reply by Bob_Chicago on 9/1/10 3:51pm
Msg #351230

To clarify, I was referring to contacting the TC/lender when

you are hired by a signing service.. Not when hired directly by the TC

Reply by Linda_H/FL on 9/1/10 11:54am
Msg #351193

" But I am not sure if the title company paid the Signinging company or even if the loan was
settled with the customer."

Honestly, you need the answers to those questions before you go any further - you certainly can't sue someone for something they didn't do (I know people do it all the time - doesn't make it right):

1. Did your loan fund? Check your recorder's office (however property records are handled in NJ - here it the Courthouse, CT I know is each city/town's Town Clerk's Office) - get a copy of the recorded security instrument that YOU notarized. That proves that (a) it's YOUR loan and (b) it funded;

2. If your loan funded was the SS paid? Contact the title company and ask them - and ask them for a copy of the canceled check to the SS.

3. If your loan did not fund - check your confirmation - was it agreed you'd be paid even if the loan didn't fund? Many times companies don't pay in that instance. If you agreed to no pay on no-funds..you may be up the creek.

4. Check your state's small claims procedures - you may be able to bring suit in your own state's small claims court as opposed to the state where the company is located. Specifically you're looking for the venue requirement of small claims actions in your state.

If this all confuses you...find an attorney who does collections and turn it all over to him/her to handle - a modest fee may be worth letting an attorney handle it correctly vs. you doing it yourself and doing it wrong. And if you prevail the company may be required to pay your attorney's fees too.

Good Luck.

Reply by Mary Ellen Elmore on 9/1/10 1:44pm
Msg #351206

That all would depend on your State's laws, their State's laws, any local ordinances, etc., etc.

Any contracts, fine print, confirmation, etc., etc.

You should really seek competent legal advice and search all the pertinent laws yourself.

Reply by aanotary on 9/1/10 2:10pm
Msg #351212

Good book on the subject

put out by Nolo press- title is something like " everyone's guide to small claims court" - helped me when I filed.

Reply by FGX/NJ on 9/1/10 2:11pm
Msg #351215

This info might help you.
http://www.ehow.com/list_6154605_small-court-laws-new-jersey.html
But, I have never been able to collect judgement against out of state company IN 40 years
running businesses in NJ.

Reply by DD/OR on 9/1/10 2:27pm
Msg #351220

Anytime a company hires someone to do a job for them with the intention of not paying them, it's called Fraud and it's a felony. To defraud someone from the general public is bad enough, but to defraud a public official like a notary public is worse. Every police dept. has a Fraud division. I intend to file a police report against any company that tries to defraud me.

Reply by DD/OR on 9/1/10 2:36pm
Msg #351223

I got advice from the police dept. You should contact the Attorney General in your state and report this as Fraud. They have a Fraud hotline. Hope this helps. Don't let them get by with it.

Reply by Jim Coffey on 9/2/10 1:27pm
Msg #351323

Don't be afraid to drive to their address unannounced. I have traveled 1/2 across the country unannounced to collect thousands, walked in stating I was there to pick up my check, and always walked out within 5 minutes, paid in full. I have successfully done this 6 times, Pittsburgh, Detroit, Cleveland, Ft Lauderdale