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 Posted: Thu Aug 30, 2007 6:09 pm Subject: sueing interim cash
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i have been thinking bout suing interim cash for refusing to refund me the money i overpaid them.. i m planing on doing it in small claims court.. what everyone think
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perry968
Joined: 18 Jun 2006
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Posted: Thu Aug 30, 2007 6:17 pm Subject:
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Perry...how much do they owe you??? I think if you have the respources to do so...go for it!! I know in one of my notes from my AG it was suggested if I wanted to pursue a refund I could do so through the small claims court. Good Luck
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Morningstarr430
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Joined: 13 Jun 2007
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Posted: Thu Aug 30, 2007 7:24 pm Subject:
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they owe me 465.. i got no help from the minnesota ag cause of the loophole in the law.. im going after them
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perry968
Joined: 18 Jun 2006
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Posted: Thu Aug 30, 2007 7:47 pm Subject: reply
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Oh, wait! You can do this? I happen to know of a member who was basically ROBBED. However, we don't know anything further yet regarding refunds since we're just beginning. But this member has overpaid amounts that you wouldn't believe. If we can do this, this is great. It's worth going to small claims court over. Especially if it's a good sum of money. Does each state allow this? Or only certain states?
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cannr
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Posted: Thu Aug 30, 2007 8:49 pm Subject:
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I don't know but I as I said my AG's office suggested if I wished to fight for the refund small claims court would be the place. I guess if they are classified as illegal..?? And do you think if you filed they might fold and refund instead of going to court??
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Morningstarr430
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Posted: Fri Aug 31, 2007 4:02 am Subject: reply
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Beats me. That's why I was asking! LOL! Anyone with knowledge on the subject, please feel free to jump in! 
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cannr
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Posted: Fri Aug 31, 2007 6:52 am Subject:
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Cannr - Wouldn't it be information that could be provided by the individual state AG offices? Imagine if that avenue was available in all the states..and people filed..and won...the effect that would have on the illegal industry..and the legal precedents that would set. It is almost incomprehensible.
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RoxyNY
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Posted: Fri Aug 31, 2007 7:10 am Subject:
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The problem is that the issue of "legality" hasn't totally been set by the courts yet. It is possible that the "other side" could still win. Depending on the judge, they could decide that you still signed a contract, and since the pdl is located overseas that the court has no jurisdiction over them. Another problem would be collecting. I doubt anyone from the pdl will show up to court. So then you may win by defualt. Then what? You can't enforce a judgement overseas. You would actually lose money in that scenario.
Now for the pdl's located in the US? The ones that are licensed in a state would have a good defense in most states, because the question of whos laws they must follow is still up in the air as far as the courts are concerned. The ones that aren't licensed at all will probably not show up too. So you may win by default again. But again, how do you collect? If they aren't located in your state, wouldn't you have to go to their state to file papers to force them to pay?
| Quote: | The United States Constitution, under Article IV, section 1 provides that full faith and credit must be given in each state to the public acts, records and judicial proceedings of every other state. Thus, a judgment issued by one state court must be given full faith and credit by the foreign or "sister-state" court. Although full faith and credit must be provided to judgments of another state, enforcement actions in the sister-state often requires acts to be taken by authorities in the sister-state (such as Marshals or Sheriffs) who will only act pursuant to an order of a court of their home state. For example, a judgment is obtained against a judgment debtor who has a bank account in California. To execute a levy upon the California bank account, the judgment creditor registers the Texas judgment as a California sister-state judgment, obtains a Writ of Execution directing a County Marshal in California to enforce the judgment and the judgment creditor then instructs the County Marshal to perform the bank levy at the bank where the judgment debtor has his/her money. The sister-state judgment is necessary since the Texas court does not have the authority to direct the actions of the County Marshal in California.
To obtain entry of a "sister-state judgment," the judgment creditor applies to a court in the state in which the judgment debtor's property is located. Some courts have a particular form which must be used by the judgment creditor and there is typically a requirement that the application for entry of the sister-state judgment be filed in a particular court (i.e. - applications for entry of a sister-state judgment must be made in a Superior Court and not in a Small Claims or Municipal Court). In addition to the application, an "authenticated" or certified copy of the judgment, issued by the court that originally issued the judgment, must be attached.
After filing the application, the judgment creditor must give the judgment debtor notice of the filing. This enables the judgment debtor to raise certain bars to the issuance of the sister-state judgment, such as defects in the issuance of the judgment or the original judgment is not final and unconditional. If the judgment debtor does nothing, typically the sister-state judgment is issued and then the judgment creditor can pursue all available remedies for enforcement of the judgment in the sister-state. |
So you would have to travel to the state that the pdl is located in to collect. I'm not saying all of this to discourage anyone, I would love for someone to try it, but you would probably lose money on it. You can sue for court costs, but not travel costs, so unless the pdl is located in a nearby state and you have family or friends to stay with there, it may be a money losing trip.
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goudah2424
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Posted: Thu Sep 06, 2007 12:10 pm Subject: sueing interim cash
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I don't know how far you will be able to get this company is part of Cash2day4u/Route66 Funding/ GFS-Global Financial services and more. they are located in the UK
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