 KoilPremium join:2002-09-10 Irmo, SC kudos:1 | reply to Thaler
Re: [Rant] Fraudulent Purchase Made on Credit, Chase Says is Leg 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. |
|
 HallPremium,MVM join:2000-04-28 Dayton, OH kudos:2 | 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. You beat me to it.... I was thinking the same thing. They do this to everyone and enough people "accept" this and pay the charge.
As for small-claims court, you may very well "win" but no one will force Chase to remove the charge. |
|
|
|
 AVDRespice, Adspice, ProspicePremium join:2003-02-06 Onion, NJ kudos:1 | once Chase says you owe something you don't you can sue for defamation. |
|
 ThalerPremium join:2004-02-02 Los Angeles, CA kudos:3 | reply to Hall said by Hall:As for small-claims court, you may very well "win" but no one will force Chase to remove the charge. 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. |
|
 HallPremium,MVM join:2000-04-28 Dayton, OH kudos:2 | 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. |
|
 ThalerPremium join:2004-02-02 Los Angeles, CA kudos:3 | 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. Actually, you can do fun stuff to a defendant of a legal action that refuses to pay a judgement. Failing to comply with any court order is bad news regardless of the size & clout of the person/party involved. |
|
 fatnesssubtleJanitor join:2000-11-17 fishing kudos:14 Host: Bright House Netwo.. TekSavvy Forum Feature Requ.. Need Site Help Rants, Raves, and ..
| reply 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. -- Bohemian Rhapsody |
|
 rody_44Premium join:2004-02-20 Quakertown, PA Reviews:
·Comcast
1 edit | reply 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. |
|
 ThalerPremium join:2004-02-02 Los Angeles, CA kudos:3 | 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/publications/smal···fo.shtml |
|
 CylonRedPremium,MVM join:2000-07-06 Bloom County 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." -- Brian
"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain |
|
 Mele20Premium join:2001-06-05 Hilo, HI kudos:4 | 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. -- When governments fear people, there is liberty. When the people fear the government, there is tyranny. Thomas Jefferson |
|
 CylonRedPremium,MVM join:2000-07-06 Bloom County | 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. -- Brian
"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain |
|
 Mele20Premium join:2001-06-05 Hilo, HI kudos:4 | 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. -- When governments fear people, there is liberty. When the people fear the government, there is tyranny. Thomas Jefferson |
|
 fatnesssubtleJanitor join:2000-11-17 fishing kudos:14 Host: Bright House Netwo.. TekSavvy Forum Feature Requ.. Need Site Help Rants, Raves, and ..
| reply 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. |
|
 fatnesssubtleJanitor join:2000-11-17 fishing kudos:14 Host: Bright House Netwo.. TekSavvy Forum Feature Requ.. Need Site Help Rants, Raves, and ..
| reply 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. |
|
 CylonRedPremium,MVM join:2000-07-06 Bloom County | reply 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. -- Brian
"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain |
|
 CylonRedPremium,MVM join:2000-07-06 Bloom County | reply 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. -- Brian
"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain |
|
 Mele20Premium join:2001-06-05 Hilo, HI kudos:4 | You, and others here, missed my point. I'm not wasting more time trying to explain something that you guys can't see. |
|
 CylonRedPremium,MVM join:2000-07-06 Bloom County | Funny enough - I was thinking the same thing.... Hence why I have to repeat in 2 or 3 posts. |
|
 fatnesssubtleJanitor join:2000-11-17 fishing kudos:14 Host: Bright House Netwo.. TekSavvy Forum Feature Requ.. Need Site Help Rants, Raves, and ..
| reply 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. -- Bohemian Rhapsody |
|