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 Posted: Wed Oct 17, 2007 8:50 am Subject: Tremont Financial taking me to Court
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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?
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marionsmith
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Posted: Wed Oct 17, 2007 8:55 am Subject:
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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
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kashzan
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Posted: Wed Oct 17, 2007 9:08 am Subject:
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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.
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Posted: Wed Oct 17, 2007 9:15 am Subject:
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What state do you live in? I am sure that you can only be sued in your state. Sounds very fishy to me. Can someone else please jump in here to help out
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kashzan
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Posted: Wed Oct 17, 2007 9:17 am Subject:
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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.
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goudah2424
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Posted: Wed Oct 17, 2007 9:20 am Subject:
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Whew, At least i was not losing my mind.
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kashzan
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Posted: Wed Oct 17, 2007 9:21 am Subject:
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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.
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goudah2424
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Posted: Wed Oct 17, 2007 9:21 am Subject:
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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.
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Posted: Wed Oct 17, 2007 9:25 am Subject:
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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.
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Posted: Wed Oct 17, 2007 9:27 am Subject:
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They all say that. Illegal companies will say any thing to SOUND legal. You can not be sued in another state. That is the law. They just can not do it.
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kashzan
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Posted: Wed Oct 17, 2007 9:28 am Subject:
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Sorry, I didn't log back in. But, the guest listed is me the original poster. marion
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Posted: Wed Oct 17, 2007 9:29 am Subject:
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Ok, so I can claim wrong venue, even though their contract states that I agree to SD laws and lawsuits?
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Posted: Wed Oct 17, 2007 9:30 am Subject:
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When I send a letter to dispute the venue, illegal company etc., should I also let them know that I was willing to pay, but Tremont said they would not settle.
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Posted: Wed Oct 17, 2007 9:31 am Subject:
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It's a contract question - It's gets very murky. Some info from a previous post by a lawyer experienced with pdl's:
| Quote: | 5) Since the lender is operating from another state, even if the borrower's state has a legitimate claim logic suggests that lender's state has some auhority over the lender, too. Where these regulatory schemes collide a conflict of law exists. (Assuming, of course, that the choice-of-law clause in the contract is invalid.) Many states, like Minnesota, have longstanding policies for these situations wherein courts generally must apply the state's law which would save, rather than void, the contract.
Even though payday loans weren't even invented when these policies came into being, a payday loan contract is still a contract and whether its valid or not still must be determined under general contract principles.
6) Most payday loan contracts contain a binding arbitration clause. Earlier this year, the U.S. Supreme Court ruled - in a case specifically about payday loans - that even illegal contracts must go to an arbitration if the arbitration clause standing alone is not invalid. And the arbitrator gets to decide which state's laws apply.
7) Courts generally don't throw out choice of law clauses as cavalierly as you might believe. Even in a "Contract of Adhesion" (basically, your standard take-it-or-leave-it, pre-printed contract) courts generally will not set aside the clause as long as the chosen state bears some reasonable relationship to the transaction. |
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.
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goudah2424
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Posted: Wed Oct 17, 2007 9:51 am Subject:
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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.
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Posted: Wed Oct 17, 2007 10:22 am Subject:
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Does anyone have a dispute letter that I could use to send to the court. I need something on the line of disputing the venue, tried to garnish wages without court order after I revoked this, was willing to settle, but they will not.
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