small claims venue question

Just an update... About 2 1/2 weeks ago, out of nowhere, the debt consolidation company called me!! The guy acted like nothing had happened, like we had just talked yesterday instead of 6 months ago! I held off on filing my small claims papers because after we talked they said my request for a refund of my balance would be considered. He said "I'll get back to you this afternoon." That was 2 1/2 weeks ago and I've had no luck getting in contact with them since they don't return calls. I am now getting my stuff together to file for real.

You should do so. Don't rely on them to be be honest with you.

Just an update. I've been slacking on filing, but I finally went to the courthouse on Oct 10. My court date is Nov.7 and I have tons of evidence and a witness. I also spoke with a lawyer friend of mine about the attached letter I wrote to the magistrate concerning venue. My friend said if the company did business with me in the state I reside in, then they are responsible for dealing with any other issues with our business relationship. I am excited to exercise my rights of due process and the potential of getting my money back! I'll keep the postings going and hopefully they'll be triumphant.

Mitch

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Let us know how it goes!

Success (for now)! I had my hearing this morning and the magistrate found in my favor. Although the debt consolidation company had no one there to represent them- I won by default. Now, I wait for the final judgement later this month. At that point I have to figure out how to get the money paid to me. I was thinking of non-wage (bank) garnishments. I can see where my money went to when they took my automatic payments and try to get it out of that account. Any suggestions for this process, especially since they are in a different state than I am? A small victory... now to get the cash!

See http://www.worldlawdirect.com/article/935 -- Collecting on a court judgment.

UPDATE - after receiving my final judgement (in my favor) I went to work on how to actually get the money. It seems the best initial method is to send a letter requesting compliance with the judgement. I mailed those requests this past week and will wait and see. I'm sure I'll have to exercise the next methods (till tap, etc.). I really want this to work...
Thanks for all the advice. I'll keep posting until the end!

Frustration: Any suggestions on how to acquire bank information? I have my judgement, I have my bank garnishment form. What I don't have is the bank that this devil company uses and no one seems to have or be willing to give this information. I have done some research: contacting the landlord where they lease space, an filing a Uniform Commercial Code document. Any other suggestions or methods on how to (legally) get this information would be extremely helpful.

Thanks!

Did you see the article above--file a debtor examination with the court

SOOOOO frustrating. I got the bank information and sent the bank garnish only to have it sent back with only a post-it attached stating "no jurisdiction". Nothing official, just a friggin' post-it note. I was told because my judgment was ruled in a different state than the bank, that they would not honor the bank garnishment form. Anyway, I guess my next step is to re-file the judgement in the other state. I believe it's called "re-domestication" of the judgement. Once I have done that, I can re-file the garnishment and hope for the best. This is taking so long and there are so many road blocks, but it is an experience using the justice system and...I want my $!