Posted by NotaryOH on 9/2/12 9:32am
Msg #432829

Small claims - costs of filing

As discussed below, Hope for Home hired me and then didn't pay me. Taking into consideration the costs and time to file, from your perspective, do you think it's worth going through the process of filing with Small Claims? I think it's approximately $50.00 to file and another $70.00 fee to appear by phone. I just want some feedback on how long it takes to get something resolved with Small Claims.

Any help you can provide regarding your experience with Small Claims and recovering payment on the judgment would be of tremendous help to me.

Reply by Linda_H/FL on 9/2/12 9:38am
Msg #432830

Check your state small claims procedures and

regulations - most times you can sue for amounts owed PLUS costs of collection

Enforcing the judgment will be another matter since they're in CA

Reply by Lee/AR on 9/2/12 10:07am
Msg #432831

You may have signed an agreement that all claims must be in their state, not yours.
Even if successful, all you get is a judgement/lien (on what?). There is no quick way to 'make them pay'. Even if successful, unless your costs, filing fees are actually addressed in court, you might find out (too late) that, yes, you now have a $150 lien & no money, but you still have paid $120 to get there and those costs were 'overlooked' in the judgement. This is particularly true as these guys are lawyers who know the ropes.

Question becomes how much time/money are you willing to spend to add to your current loss? And THEY know that. I am not trying to discourage you, just letting you know some scenarios that I have seen happen in the hope that forewarned is forearmed.

Obviously, this is based upon personal experience (not in this field) and NOT legal advice. I also believe there are a few people who frequent this board who have successfully taken this path and hopefully they will chime in with their experience. Also a few who 'fill in the paperwork, fax it over and scare the money out of 'em'---and never do actually file. Might try that first. Again, maybe they'll chime in.

Reply by sueharke on 9/2/12 12:14pm
Msg #432842

When I watch all these small claims court TV shows (Judge Judy, People's Court, Judge Alex, Judge Whoever), I think it would embarash a signing service or title company to appear on TV. I almost took a termite control company to Judge Judy until they realized I meant business on the refund for lousy service. I got the check the next few days. Wouldn't a nice vacation in LA or wherever a show is filmed sound good if you add some time for sight seeing?

Reply by Shoshana/AZ on 9/2/12 2:07pm
Msg #432851

Both Parties have to agree.

Nobody could be forced to do that. It is totally voluntary!

Reply by jba/fl on 9/2/12 7:53pm
Msg #432872

Judge Judy, People's Court, Judge Alex, Judge Whoever

I had one instance where I stated I would not pay and told the person billing me to pick a judge - any tv judge - and then they would be paid, but it wasn't going to be directly by me. They refused, end of discussion.

I wanted to go to tv court - the embarrassment of them would have been so worth it.

Reply by Shoshana/AZ on 9/2/12 10:11am
Msg #432833

Re: Small claims - here's what I did!

I belong to Prepaid Legal and they sent a letter on my behalf to NREIS. I got paid within a week.

Reply by GOLDGIRL/CA on 9/2/12 2:17pm
Msg #432853

There's been a wealth of NR info on the pros and cons of filing in small claims - mostly con. Even if you do win, the bums likely will never pay. Put that in the context of the civil suit Ron Goldman's parents filed againt OJ Simpson - they won everything he had, but he never paid a dime and went on living the good life like nothing ever happened. The only way they got anything out of him was by following his every move and then when he was involved in any money-making activities, like autograph-selling, for example, they'd call in law enforcement who'd go in and confiscate stuff. What a nightmare for teh Goldmans.

In any case, my advice would be to let it go (depending on how much they owe you), following by frequent loud posts here warning everybody to stay away from them - also update SC. PLEASE provide info as to where they are located, who calls, etc. so we can start turning them down.
Also, get Prepaid legal like Shosanna recommended I hear that's effective.

Or here's my approach: Write them a letter saying that by such and such a date you will file the enclosed pre-filled small claims actions and EVERYBODY

Reply by GOLDGIRL/CA on 9/2/12 2:22pm
Msg #432854

oops -- not finished!

... and everybody involved with the transaction that you completed per their terms but were not paid for will be, by necessity, notified on the pending legal action. Then, list the names and addresses of everybody you can think of: the lender, the TC, the borrowers, the SOS, the attorney general of the states involved, the FBI internet fraud division, HUD, and on and on. Just the threat of this might work for you.

Reply by sueharke on 9/2/12 5:20pm
Msg #432862

Why not create a file (paper copy or Pdf copy) of SS or TC checks received? Every time you receive a check, make a copy, note which service or title company it is from. Put it in a file or copy it to pdf for future referral. If the sender changes banks, copy the new one with a note that the company may have more than one checking account.

How does this help? If you file a small claims court case and win, you know where the company has their checking account to attach. It's better than asking the company, where is your checking account after the court case.If the bank is local, walk in with your court judgement and take money after eom or when you'd expect money in that account?

Out of state bank, call or write the bank on how to attach a court judgement to collect money from the account. It is like any NSF check, walk the check in the bank in person and get cash if there is money in the account.

Reply by Pro Mobile Notary on 9/2/12 2:57pm
Msg #432856

I am not a lawyer, but I believe you need to file in the state of the company or if they have a physical footprint in your state then you can have a judgement in your favor enforced in your state.

If the CA company has no physical presence in the state you are in, then you will be just wasting your money going through the filing and process service procedures as there is no way to enforce a ruling issued in OH in CA.

Reply by NJ_Notary on 9/2/12 5:49pm
Msg #432865

In NJ you may file a small claim regardless if the defendant is located in NJ or not, provided that you did not agree to terms such as the laws of the other state stand. This is why its critical read every confirmation and define your terms. I for one never agree to litigation in any other state besides my own- sure I've lose a closing or two but guess what if I did do the closing the chances of me getting paid on that closing are usually slim to none. If you do proceed with a small claims and get the judgment there is another option. Look for a judgment enforcement company/person. For a fee you assign the judgment to them and they either pay you your portion up front or in installments as they collect the judgment. There are varying opinions on judgment enforcers but hey lets face it, your a busy business professional so doesn't it make sense to get a piece of the pie then no pie and not divert your time and attention from your business. Anyone how good luck and let us know how you make out.

Reply by HisHughness on 9/2/12 10:22pm
Msg #432877

***In NJ you may file a small claim regardless if the defendant is located in NJ or not, provided that you did not agree to terms such as the laws of the other state stand.***

This almost certainly is a greatly overbroad statement that simply is not the case.

Typically, you can get jurisdiction over any company which has a physical presence in your jurisdiction, <or which does business there>. I think hiring a signing agent to do a closing in Cleveland is sufficient to confer jurisdiction in Ohio, for example.

However, to say that you can sue anybody in your state as long as you have not agreed to submit to another jurisdiction I think is probably applicable nowhere in the country. They have to have a history of doing business in the state.

Reply by MikeC/TX on 9/3/12 5:02pm
Msg #432947

I understand what you're saying, but I think the OP is starting with the presumption that there has already been a business relationship established between the two parties (e.g., you're hired as a signing agent), and is just saying that you can lose jurisdiction by agreeing that any dispute will be decided under the laws of the other state. Which is probably true.

Even if you preserve your right to assert jurisdiction, it really depends on your state law. For instance, I don't know what the law is here in TX (haven't had to file a small claims suit), but I do know that in NY both parties in a small claims procedure must physically reside in NY.

If you want to file an action against someone who does business in NY but does not reside there, you can't do it in Small Claims. Same holds true if you're out of NY trying to sue a NY company in Small Claims court - can't be done. You have to go to NY Supreme Court, where the filing fees are much higher (we're talking 4 figures).

Bottom line - there's no one-size-fits-all answer, you need to know the laws in your own state...