Tremont Financial taking me to Court

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

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.

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

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.

Whew, At least i was not losing my mind.

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.

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.

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.

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.

Sorry, I didn't log back in. But, the guest listed is me the original poster. marion

Ok, so I can claim wrong venue, even though their contract states that I agree to SD laws and lawsuits?

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.

It's a contract question - It's gets very murky. Some info from a previous post by a lawyer experienced with pdl's:


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.

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.

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.

Contact the SD court - They may have a specific form you have to use. Or do a search and see if the court has a website. There may be procedural things you have to follow.

Please read this thread:

http://www.debtconsolidationcare.com/paydayloan/internet-lender.html

It's a recent case where a state was trying to require an out of state pdl to be licensed. The pdl sued the state saying that since they weren't physically located there, the state had no jurisdiction. Federal courts ruled that these types of businesses must comply with the consumers state laws.

I spoke with a clerk, she said to send a letter. I will also send in a copy of this article that you have listed a link to. This really helps me. I've also contact the NH state regulator, waiting for her to return my call. Hoping they will be able to help me too.

NH should be able to help you, because if pdl's are prohibited in your state, and this company is still doing business there, they could themselves get into some trouble.

your best bet is to file with the better bussiness bureau in south dakota and the new hamshire attorney general office.. i had something similer with a store front and they didnt want to settle and i went to the better bussiness bureau and they settled.. good luck

How much are the suing you for, may I ask? These places are unbelievable.