MisterLacerda
Junior Member
What is the name of your state (only U.S. law)? New York, city and state
I have a dispute with Wells Fargo Home Mortgage over improperly assessed fees during a mortgage settlement. I reside in New York City and the legal address on the mortgage documents is my address here in the city.
That said, the house purchased was in upstate New York, and the office I dealt with was in PA. I've already sent certified letters and the like and been bounced around but am getting nowhere, so I'd like to have them served and continue from there.
Based on everything I've read, the requirement is that the company have a place of business in New York City. Wells Fargo of course has dozens, and specifically Wells Fargo Home Mortgage has an office within a few blocks from me. Though I have never had any interaction with that office.
But that would certainly seem to qualify NYC as a venue. They do business here, and they wrote a mortgage to me, a resident here.
But the question -- who do I sue, or what address do I specify? Wells Fargo (per my mortgage documents) is based in North Dakota, I send my payments to New Jersey, the office in question was in Pennsylvania, and they're registered with the NY Corporations department with a service address of a registered agent in Albany.
My instinct is that I'd specify their address as their Agent Of Service or Registered Agent with the Albany address. But I'm concerned that as soon as the small claims court sees a non NYC address they'll toss it out. You can't sue anyone outside of the city limits.
On the other hand if I specify the address as my local branch office they'll be served, will have never heard of me, and it might go off into a black hole. Then again perhaps getting an official service will make them forward it to the right location. I also wouldn't have an easy way of knowing if that office is owned by Wells Fargo the corporation, or is a franchisee or similar.
So in summary -- does anyone know the best procedure for suing a large company like a bank, national brand, etc, in NYC small claims court? If they have dozens of branches in the city but none of them relate to the case, how do you choose one? Or alternately, will the court accept an address of the corporations registered agent if its outside the city limits, if I demonstrate somehow (it's not on the form) that they do maintain offices here and do business here.
This must have come up a million times, from people suing airlines to mortgage lenders to national retail chains and so on. Does anyone know the best way to proceed? Any advice would be so greatly appreciated. Thanks so much.
I have a dispute with Wells Fargo Home Mortgage over improperly assessed fees during a mortgage settlement. I reside in New York City and the legal address on the mortgage documents is my address here in the city.
That said, the house purchased was in upstate New York, and the office I dealt with was in PA. I've already sent certified letters and the like and been bounced around but am getting nowhere, so I'd like to have them served and continue from there.
Based on everything I've read, the requirement is that the company have a place of business in New York City. Wells Fargo of course has dozens, and specifically Wells Fargo Home Mortgage has an office within a few blocks from me. Though I have never had any interaction with that office.
But that would certainly seem to qualify NYC as a venue. They do business here, and they wrote a mortgage to me, a resident here.
But the question -- who do I sue, or what address do I specify? Wells Fargo (per my mortgage documents) is based in North Dakota, I send my payments to New Jersey, the office in question was in Pennsylvania, and they're registered with the NY Corporations department with a service address of a registered agent in Albany.
My instinct is that I'd specify their address as their Agent Of Service or Registered Agent with the Albany address. But I'm concerned that as soon as the small claims court sees a non NYC address they'll toss it out. You can't sue anyone outside of the city limits.
On the other hand if I specify the address as my local branch office they'll be served, will have never heard of me, and it might go off into a black hole. Then again perhaps getting an official service will make them forward it to the right location. I also wouldn't have an easy way of knowing if that office is owned by Wells Fargo the corporation, or is a franchisee or similar.
So in summary -- does anyone know the best procedure for suing a large company like a bank, national brand, etc, in NYC small claims court? If they have dozens of branches in the city but none of them relate to the case, how do you choose one? Or alternately, will the court accept an address of the corporations registered agent if its outside the city limits, if I demonstrate somehow (it's not on the form) that they do maintain offices here and do business here.
This must have come up a million times, from people suing airlines to mortgage lenders to national retail chains and so on. Does anyone know the best way to proceed? Any advice would be so greatly appreciated. Thanks so much.