|
#1
10-17-2007, 08:50 AM
|
|||
|
|||
Tremont Financial taking me to Court
I have been dealing with PDL. Tremont Financial tried to garnish my wages, which my employee would not let them. They are taking me to court in SD. I'm trying to figure out how to word a letter to the courts because Tremont Financial will not settle with me. They are illegal in NH. I called to settle but Brad Vander Woode said absolutely not. The contract states that this will be settle in SD no matter where I reside. How can I fight this?
|
|
#2
10-17-2007, 08:55 AM
|
|||
|
|||
|
If they are an illegal they really can not sue you. I think it sounds like scare tatcic. Also if some one is going to sue you it has to be in the county that you live in. NOT IN ANOTHER STATE.This is really just silliness to scare you into paying them.. Illegal is illegal
|
|
#3
10-17-2007, 09:08 AM
|
|||
|
|||
|
They are actually suing me. I received an official certified letter from the Court of SD. I'm just trying to figure out what I should say in a letter to a judge to fight this. If I don't appear, or fight this with a letter, then I'm in default and they win. Their contract states that they can and will sue in SD, no matter where I reside. Need help drafting a letter to the courts.
|
|
#5
10-17-2007, 09:17 AM
|
||||
|
||||
|
South Dakota courts do not have jurisdiction over this - They would need to sue you in your jurisdiction.
Have you called the courts and verified that there is a real lawsuit? Sometimes they will make it look real, but it's not. Tremont is a hard one to deal with. They will go the extra mile to collect. __________________
How I make some extra cash I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
|
|
#7
10-17-2007, 09:21 AM
|
||||
|
||||
|
Jurisdiction is based on the defendant, you, so you need to write a letter to this court saying that they don't have jurisdiction over the matter, and that they case should be dismissed and refiled in your jurisdiction.
__________________
How I make some extra cash I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
|
|
#8
10-17-2007, 09:21 AM
|
|||
|
|||
|
This is definitely a real lawsuit. I received the letter certified from the courts. I've also called to verify. I just need help fighting this by sending a letter to the courts to dispute. It's funny, in the court paper, it recommends calling the creditor to settle. But Brad Vander Woode said absolutely not. So, that made my blood boil. I really want to get this overturned in the court.
|
|
#9
10-17-2007, 09:25 AM
|
|||
|
|||
|
The only problem about fighting this, is the PDL contract states that this contract is governed by the state of SD, and that once I sign I agree to this transacation having taken place in SD, no matter where I reside and that I will abide by SD law.
|
|
#14
10-17-2007, 09:31 AM
|
||||
|
||||
|
It's a contract question - It's gets very murky. Some info from a previous post by a lawyer experienced with pdl's:
[img]/forums/attachments//bsm1al_476.gif[/img] Really, I think the best thing at this point would be to consult a lawyer. Also, call the SD court back, and ask them what you should do since you live in NH. They may have some advice, at least procedure wise, for you. __________________
How I make some extra cash I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
|
|
#15
10-17-2007, 09:51 AM
|
|||
|
|||
|
I actually spoke with a clerk in SD - yes, I got there phone number from online - so it is legit. For them to sue me, she said either I have to live there or if the plaintiff feels that I did business with them in their state. She mentioned if I contacted them, then that could be considered me doind business in their state. She said I can question the venue, and if I want to appear by phone, then I can do that too. I told her they didn't want to settle, she said to put that in my letter. Wow, what a difficult situation.
|
Linear Mode
