Tremont Financial suing me, contacted NH Banking

Hello,

I'm being sued by Tremont Financial for a PDL. I contacted the State of NH Banking Department. They are now suing Tremont Financial for illegal activity in NH. The State of NH sent me a copy of the Cease and Desist Order requiring them to cease all collection efforts against me and to refund all monies. Now what do I do about the lawsuit in SD against me? Should I send a copy of the Cease and Desist to the judge in SD? If yes, what else should I do to get the lawsuit against me canceled? Should I send a letter stating that this is an illegal company in NH, and that the STate of NH has ordered them to stop all lawsuits against me? What else can I say?

HELP! This paperwork needs to be in SD before 11/9/07.

You can not be sued in another state. I doubt if it is a real lawsuit. who told you that you were boing sued in SD. If you live in NH it seems kind of crazy. Something is very fishy about this.

No, this is legit. I have all the paperwork, and I contacted the court. The letter was certified and is notarized by the courts. I just want to know if I should send the cease and desist order from the NH State Banking Department to the judge and what else I should say. Believe me, the Banking Department confirmed the letter that I have from SD.

Yes, I would send the paperwork you have to the court in SD. Tremont is notorious for doing this crap.

You need to tell the courts that this company is doing business illegally and that the lawsuit should be dropped.

Guest, I have just checked with other people. This is not legit.
A debtor MUST be sued in their state. They can not sue you SD if you live in NH. Tremaont is notorious for trying to do this, but it can nit legally be done.

I am not clear..where do you live? NH or SD??

Yes, it can be done. Anyone can sue anyone. It's an issue of whether or not the courts legally have jurisdiction to hear the case.

It's entirely possible that SD courts have found that SD has jurisdiction over these cases . . . . And that's why they are suing there. Technically speaking, the contract state's that any problems will be resolved in SD courts. It's just that the transaction in the first place was illegal.

You need to fight this on 2 premises:

1. The loan is not legit, and send copies of the papers you have from the banking dept, the cease and desist order, etc.

2. SD does not have jurisdiction over this case. The money was deposited into an account in NH, therefore, NH should have jurisdiction over the case, not SD.

Good point Volley, I may have been confused as to where our guest actually lived. In any event it is an illegal company trying to sue.

Great. Thank you all for your replies. I will copy my cease and desist order from NH, send that and a letter explaining the situation with your 2 points (Goudah). By the way, I reside in NH. I know that Tremont has sued others in the past. I did quite a bit of research with them once I ran into trouble. I even tried to settle before calling the NH Banking, but I was told a straight up NO - they would take me to court, no settlement. They are straight up MF'ers if you know what I mean

Well, as long as you know that legally , if someone sues you, they have to do it your state.

It's not totally cut and dried. Arguments for both sides having jurisdiction could be made. But generally speaking, the county of the consumer is used because that is where the transaction is deemed to have taken place.

The are absolutly MF's . . . . It sickens me to think of how many people they have probably sued that never knew they could fight it. That is what Tremont is banking on, that you don't know your rights and how things work and will be intimidated by the court case and pay them what they want.

I know its not cut and dried, but I do feel better with NH Banking on my side. They acted quickly. They were absolutely amazing. I'm still pretty nervous though about the small court lawsuit.

I would hope that with all the info you have, the SD court would do the right thing.

You have all the facts on your side:

1. NH DOES consider an internet based payday loan company to have done business in NH when it loans to NH consumers. No provision in the contract can make it otherwise.

2. NH has told Tremont to cease and desist all collection activities in NH.

3. NH has proven that Tremont is doing business in NH illegally.

4. Because the money (loan proceeds) were deposited into your bank account, it can be assumed that the transaction actually took place in your county. Tremont is claiming that since the loan was processed and sent out from their SD location, SD would have jurisdiction. But ultimatly, even if they had processed and sent the money, the transaction is not complete until you recieve it, meaning that the main part of the contract takes place in your county, not theirs.

Also, since you have never been a resident of SD, have never been in SD (assumption) and don't do business in SD, so the SD courts do NOT have personal jurisdiction over you.

It's pretty much common matter that in normal collection cases, it's the defendant's county in which the suit is filed.

Here's some info I found on when it is possible for them to sue you in another state:

Thank you Goudah. You are definitely a wealth of information. I will follow up once I receive a response from SD courts. I will try to get the information sent to the courts by Wed. I need to have it there before 11/9.