Leasing a credit card machine caused lawsuit

[dajsk8]

In 1998 I leased a credit card machine from a company. I agreed to the lease because the salesperson guaranteed that the machine could be used with my cellular phone for my traveling business. I don't have access to a land line for my business, so I signed the lease and began paying the lease. I contacted the company I bought the machine from and the salesperson when it would not work with the cellular phone. They constantly sent me to someone else or told me that they would fix things so it would work. After six months of getting no help, I sent the machine back and cancelled the lease (even though it said non-cancellable on one of the sheets). They accepted the machine back and then a different company that bought the lease started to send me collections notices. They also threatened reposession even though I sent everything back (certified and return receipt). They also called my customers and told them they had a legal judgement against me, when they hadn't filed suit. I was able to stop that but now they have filed a lawsuit in another state against me and my company. They also overcharged for this lease in the first place and another company that leases credit card machines told me it was against the Uniform Commercial Code to do so.
What I would like to know is how I can get the case moved from Maryland to Ohio(where I am). They said I waived my right to move the case when I signed the papers. I don't think you can waive that right. The other thing is that they are suing my company by the wrong name, they did not include that the business is incorporated on the lawsuit papers. It is on one of the attached documents to support their case but not on the court filing. Can I get this dismissed on that basis?
Any help that anyone can give would be greatly appreciated.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dajsk8:
In 1998 I leased a credit card machine from a company. I agreed to the lease because the salesperson guaranteed that the machine could be used with my cellular phone for my traveling business. I don't have access to a land line for my business, so I signed the lease and began paying the lease. I contacted the company I bought the machine from and the salesperson when it would not work with the cellular phone. They constantly sent me to someone else or told me that they would fix things so it would work. After six months of getting no help, I sent the machine back and cancelled the lease (even though it said non-cancellable on one of the sheets). They accepted the machine back and then a different company that bought the lease started to send me collections notices. They also threatened reposession even though I sent everything back (certified and return receipt). They also called my customers and told them they had a legal judgement against me, when they hadn't filed suit. I was able to stop that but now they have filed a lawsuit in another state against me and my company. They also overcharged for this lease in the first place and another company that leases credit card machines told me it was against the Uniform Commercial Code to do so.
What I would like to know is how I can get the case moved from Maryland to Ohio(where I am). They said I waived my right to move the case when I signed the papers. I don't think you can waive that right. The other thing is that they are suing my company by the wrong name, they did not include that the business is incorporated on the lawsuit papers. It is on one of the attached documents to support their case but not on the court filing. Can I get this dismissed on that basis?
Any help that anyone can give would be greatly appreciated.<HR></BLOCKQUOTE>


My response:

Oh, yes you can waive the jurisdiction in favor of another. Look at your lease agreement - - somewhere, probably near the last page, is a clause that says, in effect:

"Lessor (you) agrees that this lease shall be interpreted and enforced under the laws of the State of Maryland."


As to the "wrong name," unless you defend they will obtain a judgment under that wrong name. If you defend, you can file a "Special Demurrer" and "Motion to Strike" on the ground that Plaintiff is suing the wrong party.

I would, however, waive that, and go ahead and defend, and file a cross-complaint for Breach of Contract.

They are banking on the fact that since you live in Ohio, you won't come to Maryland to defend the action, making it easy to obtain a judgment against you. But, you'll show them. Get a consultation with a Maryland contracts attorney.

IAAL

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