| |
to hardly
Re: [Rant] Fraudulent Purchase Made on Credit, Chase Says is LegYou beat me to it.. I was looking for a link.. My hero too |
|
 fatnesssubtle
join:2000-11-17
fishing |
to Koil
said by Koil:I get the feeling this is one of those things, similar to how insurance companies will do, where the deny almost everything at first, and then wait for you to come back and dispute before they do any real legwork on the transaction.
That's my thought as well. I think a letter written and substantiated like DC DSL  described will get it resolved. edit: I see you got it resolved already. Good work. |
|
| fatness |
to scross
said by scross:Was the stolen card a personal credit card or a business credit card? I don't remember all of the details, but the latest credit card laws that went into effect a few years back favored personal cards and disfavored business cards (far fewer legal protections for them). This was a "gotcha" in favor of the credit card companies, so of course they started pushing their business cards more (I got flooded with unsolicited offers for these myself, even though I have no use for one).
60 days to dispute a personal card transaction; 1 business day to dispute a business card transaction. That is information I got from my bank last month. |
|
rody_44
Premium Member
join:2004-02-20
Quakertown, PA
1 edit |
to Thaler
You have not had many small claims lawsuits against big corporations. You cant do shit unless the headquarters is in your state and in your local district justices area. Your in California and chase is headquartered in New York. Are you ready to find a lawyer for 300 dollars that practices law in new york to collect it. |
|
 Thaler
Premium Member
join:2004-02-02
Los Angeles, CA |
Thaler
Premium Member
2012-Jul-3 11:59 pm
You don't need a lawyer to take something to small claims. For me, it would've been $30 to file a claim. » www.dca.ca.gov/publicati ··· fo.shtml |
|
 ·Metronet
1 edit |
How much it costs to file small claims does not make a difference to rody's post. Rody is talking about collecting a judgement and that would be after filing. Your link even talks about how difficult it can be to collect on a judgement: quote:
You also may need to take action and spend money to enforce any judgment. While a small claims court judgment carries legal weight, it may be difficult or even impossible to enforce the judgment. Collecting a court judgment is one of the most challenging and frustrating aspects of any lawsuit. The person who is obligated to pay the judgment may not have the money to pay it, or may simply refuse to pay it. Enforcement procedures are available, but these require extra effort and also money on your part. It's possible that you will never collect anything.
This quote deals directly with this part of rody's post: "Are you ready to find a lawyer for 300 dollars that practices law in new york to collect it." |
|
Mele20
Premium Member
join:2001-06-05
Hilo, HI |
Mele20
Premium Member
2012-Jul-4 3:29 am
I think the New York state attorney general would be happy to help. He's no fan of Chase and has stopped their shenanigans more than once in the past few years. In fact, he would probably more than happy to help...he'd be delighted. |
|
| |
I would be far more willing to bet he would love to go after judgements that are not small claims... The POINT being - it will probably cost money to collect the judgement as already noted in the link about small claims provided by Thaler. |
|
Mele20
Premium Member
join:2001-06-05
Hilo, HI |
Mele20
Premium Member
2012-Jul-4 3:50 am
Sure, the Attorney General likes the big stuff...gets headlines, makes him look good, etc. But if he also helped a little guy that Chase had refused to pay the judgement against them...well, that is nice publicity also. |
|
 KrKHeavy Artillery For The Little Guy
Premium Member
join:2000-01-17
Tulsa, OK
Zoom 5341J
|
KrK to Thaler
Premium Member
2012-Jul-4 6:56 am
to Thaler
Move swiftly. Don't delay. If the dispute process goes against you and the charge has been ruled as valid, as in this case, you do have the right to try and refute it. However to do so, the credit card dispute law states that you must respond in writing within 10 days after receiving the ruling. Clearly state in writing the charge is an un-authorized charge not made by you and that it is fraudulent. Provide the details you provided to us. Good luck. Also get the address for billing inquiries or disputes or whatever chase calls it, don't mail it to the billing address for payments. Oh and it wouldn't hurt to make sure it's sent by certified mail with proof of delivery. You may find this helpful: » creditcardforum.com/blog ··· -letter/ |
|
fatnesssubtle
join:2000-11-17
fishing |
to CylonRed
said by CylonRed:I would be far more willing to bet he would love to go after judgements that are not small claims... The POINT being - it will probably cost money to collect the judgement as already noted in the link about small claims provided by Thaler.
I've obtained judgments and collected money at least 10 times through small claims court. It is a slow and certain process, with low filing fees, and I never needed a lawyer. When someone does appear, neither side needs a lawyer and a judge listens to each side and renders a verdict. When the person does not appear for show-cause hearings and oral exams (to determine their assets and sources of their income), you eventually eventually get a bench warrant issued. Money appears very quickly when there's a bench warrant out for someone. It is a good, low-dollar process designed for smaller claims so that people don't need to spend big money on a lawyer. If you have other personal experience that contradicts this I'd be glad to hear it. |
|
| fatness |
to Hall
said by Hall:said by Thaler: On the phone now ATM, but my small claims suggestion was to pay the amount in question, then request the exact same amount back in small claims court. You can ask and you can "win", but small-claims courts do NOT enforce their judgements (at least in some jurisdictions). It's up to the loser to voluntarily pay. If you follow the steps after obtaining a judgment in Maryland, they court most certainly does enable you to enforce the judgment. |
|
|
| |
to Thaler
To add to comments by Mr Fatness. I too have used small claims court a number of times. Summons are issued to get the defendant and any witnesses into court. If they don't show up, bench warrants are issued.
I learned the hard way about getting a summons served. The county clerk said the Sheriff would do it for a fee. Long story short, Sheriff gave up. I hired a pro who served it the very next day. Same cost.
If you get your judgment, it is you that has to actually collect, either personally or by other means. If the person moves, simply does not want to or can't pay, well now you need to invest a lot of time and $.
Always go into court, since it takes little time and money but be aware the outcome can be an exercise in futility. |
|
·Metronet
|
to fatness
I know what small claims is for - I have used it before to force a company to pay me some money but that does NOT chance the other facts posted about getting a judgement payoff. There is a reason Clark Howard warns about difficulties in getting the judgement and also the web site linked to yesterday and the part I quoted from it.
It can be DAMN difficult to get a judgement and could be impossible. That does NOT mean no one can do it or do it for free. But when knowledgeable people warn about its difficulties and the court itself warns of the higher risk in getting a judgement (as my small claims did) - then there IS validity to it. I would bet the farther away someone is from the court - the easier it is to ignore. |
|
| CylonRed |
to Mele20
Actually - small claims is in fact that - small claims. It is not bit with no huge payoff. Our local news (or atty General) does not in any way report on any small claims judgements against any company - no matter the size. |
|
Mele20
Premium Member
join:2001-06-05
Hilo, HI |
Mele20
Premium Member
2012-Jul-4 7:47 pm
You, and others here, missed my point. I'm not wasting more time trying to explain something that you guys can't see. |
|
| |
to Thaler
I've had no issue with Chase. Ever.
I had a double-billing issue from a gas station (legit purchase) but they settled it immediately. Another issue with a refund not properly credited by a merchant was fixed after sending them documentation.
Add the fact that their Freedom card gives me $0.011 for each dollar spent PLUS $0.11/transaction (so a $3 charge at the cafeteria puts $0.14 back into my pocket) and you'll only pry the card from my cold hands... |
|
| |
to Mele20
Funny enough - I was thinking the same thing.... Hence why I have to repeat in 2 or 3 posts. |
|
fatnesssubtle
join:2000-11-17
fishing |
to CylonRed
said by CylonRed:It can be DAMN difficult to get a judgement and could be impossible. That does NOT mean no one can do it or do it for free. But when knowledgeable people warn about its difficulties and the court itself warns of the higher risk in getting a judgement (as my small claims did) - then there IS validity to it. I would bet the farther away someone is from the court - the easier it is to ignore.
Well you can trust a link if you like. I trust my personal experience more. I've gotten judgments numerous times in small claims court and collected on all but one of them. I do not know why you're advising people not to try. |
|
 your moderator at work
 hidden :
|
·
