Going to Small Claims Court, would like some advice...
Date: Fri, 02/18/2011 - 17:18
Hello all,
First off, a BIG THANKS goes out to everyone on here! I have read and asked questions as a non-registered member, and I must say WOW! The support and the help is phenomenal! I was in despair and felt like crap, but you guys have given me breathing room!
I have a payday loan company that has been dinging my account. The account is Huskhawk Group LTD. A forum post and member pointed me in the right direction regarding what type of pdl company they are, how they operate in my state (Texas), and various links to resources.
I contacted the Secretary of State here in Texas asking about Huskhawk Group. I received an email back saying they are NOT an authorized Credit Service Organization and therefore NOT legal to operate in Texas. I have ordered a "Certificate of No Record" from the Secretary of State ($15), and essentially, it's an official document stating that the company is not registered as a CSO in Texas.
My next move is to head over to my local Justice of the Peace and file a claim in Small Claims court and sue Huskhawk Group. I have the Texas law that states that payday loan companies, or CSO's, have to be registered with the S.o.S. as "§ 393.101, Finance Code, provides that before conducting business in Texas, a CSO must register with the secretary of state. See Form 2801. A registration must be accompanied by proof of security or a statement explaining why proof of security is not required and the registration fee. Each registration is effective for one year and may be renewed. "
Now with my official Certificate of No Record, and a print copy of "§ 393.101, Finance Code" I feel that I have sufficient evidence to successfully file a claim against Huskhawk Group in small claims court. Am I missing anything? Should I include something else? Are they non-sue-able since they are located in the West Indies??
I contacted Chase, which previous told me they could do NOTHING about the ACH and that only Huskhawk could stop withdrawing ACH. I know someone here posted something about the FDIC regulations stating ACH would have to be stopped if I requested it...anyone know anything about this?
Having said that, could I, in effect, take Chase to small claims court like this guy did and stick it to them for allowing me to take it up the tail-pipe saying "we can't do anything since you willingly provided them your account info"? Heck if I could I would start foreclosure proceedings on the local branch here too!!
http://www.huffingtonpost.com/2011/02/17/patrick-rodgers-forecloses-on-wells-fargo_n_824765.html
Any and all advice anyone has regarding small claims courts and the like, please let me know! Thank you in advance as I know all your help has been an amazing help to me!
First off, a BIG THANKS goes out to everyone on here! I have read and asked questions as a non-registered member, and I must say WOW! The support and the help is phenomenal! I was in despair and felt like crap, but you guys have given me breathing room!
I have a payday loan company that has been dinging my account. The account is Huskhawk Group LTD. A forum post and member pointed me in the right direction regarding what type of pdl company they are, how they operate in my state (Texas), and various links to resources.
I contacted the Secretary of State here in Texas asking about Huskhawk Group. I received an email back saying they are NOT an authorized Credit Service Organization and therefore NOT legal to operate in Texas. I have ordered a "Certificate of No Record" from the Secretary of State ($15), and essentially, it's an official document stating that the company is not registered as a CSO in Texas.
My next move is to head over to my local Justice of the Peace and file a claim in Small Claims court and sue Huskhawk Group. I have the Texas law that states that payday loan companies, or CSO's, have to be registered with the S.o.S. as "§ 393.101, Finance Code, provides that before conducting business in Texas, a CSO must register with the secretary of state. See Form 2801. A registration must be accompanied by proof of security or a statement explaining why proof of security is not required and the registration fee. Each registration is effective for one year and may be renewed. "
Now with my official Certificate of No Record, and a print copy of "§ 393.101, Finance Code" I feel that I have sufficient evidence to successfully file a claim against Huskhawk Group in small claims court. Am I missing anything? Should I include something else? Are they non-sue-able since they are located in the West Indies??
I contacted Chase, which previous told me they could do NOTHING about the ACH and that only Huskhawk could stop withdrawing ACH. I know someone here posted something about the FDIC regulations stating ACH would have to be stopped if I requested it...anyone know anything about this?
Having said that, could I, in effect, take Chase to small claims court like this guy did and stick it to them for allowing me to take it up the tail-pipe saying "we can't do anything since you willingly provided them your account info"? Heck if I could I would start foreclosure proceedings on the local branch here too!!
http://www.huffingtonpost.com/2011/02/17/patrick-rodgers-forecloses-on-wells-fargo_n_824765.html
Any and all advice anyone has regarding small claims courts and the like, please let me know! Thank you in advance as I know all your help has been an amazing help to me!
What are you missing? The ability to serve a company that is loc
What are you missing? The ability to serve a company that is located outside of the USA, let alone outside of TX.
You sound like you have great intentions, but stop wasting money in search of Bigfoot!! There is a reason that they are located in the West Indies and carry absolutly not licensing in our country. They are an illegal lender that has no regard for our laws, regulations and people. As long as they can get your account information and inturn your money, they are happy.