Tremont Financial - Potential Wage Garnishment CA
Date: Fri, 04/23/2010 - 10:15
At any rate, what recourse would I have if they are attempting to get a garnishment order (in spite of being told that I have until 5/23 to pay) from the Court in SD? Would such a complaint actually be seen as Valid, given that I live out of state and have no way to actually be present for any type of small claims hearing?
Many thanks for your suggestions and advice.
South Dakota permits service by mail. Every state's long arm st
South Dakota permits service by mail. Every state's long arm statute permits a state to serve a nonresident in the same manner their residents can be served.
The complaint is valid, it was just filed in the wrong place. Federal law requires that a person must be sued in his or her state of residence unless the act leading to the suit (like a car accident) occurred in another state. All you have to do is pick up the complaint, and in your answer state that you are not a resident of SD, have never been a resident of SD, and that SD has no jurisdiction over you. Make a copy of something with your address on it, like a redacted copy of a utility bill (as evidence) and file your answer with the SD court. They may refile in your state, but it will be closer.
Quote:Originally Posted by OVLG AttorneySouth Dakota permits ser
Quote:
Originally Posted by OVLG Attorney South Dakota permits service by mail. Every state's long arm statute permits a state to serve a nonresident in the same manner their residents can be served. The complaint is valid, it was just filed in the wrong place. Federal law requires that a person must be sued in his or her state of residence unless the act leading to the suit (like a car accident) occurred in another state. All you have to do is pick up the complaint, and in your answer state that you are not a resident of SD, have never been a resident of SD, and that SD has no jurisdiction over you. Make a copy of something with your address on it, like a redacted copy of a utility bill (as evidence) and file your answer with the SD court. They may refile in your state, but it will be closer. |
i agree with everything here except than being that tremont is an illegal internet loan.they are trying to file in a court not applicable to the debt.if this is a complaint answer like OVLG ATTORNEY said.again this is an illegal loan in CA that is trying to pull a fast one here.they would have no chance in a california court.
Thank you both for your responses. I did file a Complaint with
Thank you both for your responses. I did file a Complaint with California's Dept. of Corporations, who has confirmed that they are now investigating the matter regarding Tremont's the lack of license in my state.
The funny thing is that I JUST got an email back from Mr. Holz (Tremont's Director of Operations) who received the complaint I filed with the BBB. He has "closed my account" with a zero balance and there will be no further attempts at collection. We shall see, however, as I've asked for an Order of Dismissal of the Small Claims action (to the extent that they have already filed) to be sent to me.