Small Claims Suit, Time allowed

[Steve E. Recek]

Can someone please inform me on how long I have before I can not file suite against a company that stole $4,500.00 from me. Is the stature of limitations one year, two years, etc.

I sign-up with a company in California back in February of this year and paid them their $4,500.00 for services I never received. I have been trying to get my money back with no luck
and would like to file suite against them. My concern that is is almost one year to the
date and want to know if I wait after one year can I still sue them?????

Thank you!!!!!

 

[I AM ALWAYS LIABLE]

Can someone please inform me on how long I have before I can not file suite against a company that stole $4,500.00 from me. Is the stature of limitations one year, two years, etc.

I sign-up with a company in California back in February of this year and paid them their $4,500.00 for services I never received. I have been trying to get my money back with no luck
and would like to file suite against them. My concern that is is almost one year to the
date and want to know if I wait after one year can I still sue them?????

Thank you!!!!!

My response:

What was the contract for; e.g., services, loan, products, etc.?

Look at your written contract. Is there a clause in it (usually near the end) that talks about "jurisdiction" or, which State governs the contract ? Then we'll talk further.

IAAL

 

[Steve E. Recek]

Hello,

The company is based in Santa Ana, Jurisdiction, Nevada. They are a Job
Placement firm that sold me on finding me employment, they sold me false
expectations and lied to get me to sign their contract. I signed their contract back in
February and never got what I signed up for. They finally agreed to pay me back
$1,500.00 (I paid them $4,500.00)if I sign their disclaimer and send a retraction
letter to both the BBB and California Attorney General.

My concern / question is that their offer is BAD and that I should get back the
complete $4,500.00.
They have multiple complaints filed with the BBB.

Can I file a small claim against them after one year? Since I used them to find
employment, which did nothing except lose $4,500.00. I can not afford an attorney
(I have since moved to Ohio to live with relatives until back on my feet) so i am
considering small claims court. NOTE: The contact states no refunds, but the issue
is that they lied to me on what they would do. my concern, I trusted them and did
not check the BBB before signing with them. Any advise???

Thank you
Steve

 

[I AM ALWAYS LIABLE]

My response:

Congratulations !

You get to file your Small Claims lawsuit in sunny, fun-filled, Nevada ! So, contact the Clark County courthouse (call 1-702-555-1212 to get the number) and ask the clerk to send you their Small Claims Court package, and instructions for filing. Then, after your court appearance, you can spend some time in beautiful Las Vegas - - gambling, lights, dancing girls, the whole nine yards !

Here's the Nevada Statute of Limitations founded upon a written contract:

NEVADA REVISED STATUTES ANNOTATED
TITLE 2. CIVIL PRACTICE
CHAPTER 11. LIMITATION OF ACTIONS
ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY

11.190. Periods of limitation

Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) . . .
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

 

[Steve E. Recek]

My response:

I must say thank you!! But please answer the following questions.

1. They are doing business in Southern California. (Santa Ana) They do not have
any offices in Nevada. I believe they use Nevada as a cover to pay less taxes? So
would i not file in the county, State were they do business?

2. What is the time frame to file a claim, one year, two years, 3 years? There must a
stature of limitations?

3. Money is an issue, so I'm sure I would not have fun in Las Vegas with no
money.

You guys are great! What a feeling to get some advise. I'm being attacked from all
sides and think this site is the best! I wish this was my only problem.

 

[I AM ALWAYS LIABLE]

My response:

I must say thank you!! But please answer the following questions.

1. They are doing business in Southern California. (Santa Ana) They do not have
any offices in Nevada. I believe they use Nevada as a cover to pay less taxes? So
would i not file in the county, State were they do business?

MY RESPONSE: You have already told me that the provisions in the contract were that Jurisdiction is in Nevada. You both agreed to that provision. So, it doesn't matter if they do business on the Moon. Jurisdiction is in Nevada. End of story.

2. What is the time frame to file a claim, one year, two years, 3 years? There must a stature of limitations?

MY RESPONSE: I already gave you the Statute of Limitations for a contract that is governed by the law of Nevada. Read again.

3. Money is an issue, so I'm sure I would not have fun in Las Vegas with no money.

MY RESPONSE: That's unfortunate. However, you have a few years to bring a lawsuit, so start saving for this wonderful excursion !

You guys are great! What a feeling to get some advise.

MY RESPONSE: Thanks ! We love you too ! Now, make your call, get the package, file your case, and GO GET 'EM !

 

[Steve E. Recek]

What I said is that they are a Nevada Corp., the pervisions of the contract I signed is to have any issues resolved in southern california, below is a copy of what one of their Execs emailed me. The email is enough to make me NOT want to settle, good reading, thanks again!! NOTE: I added the ??? to protect the quilty as you can see they can't even spell my name right.

Dear Mr. Racek:

Garry ???? forwarded your December 11th e-mail to Ron ???? the CEO of ???, and he has asked me to respond. In order to resolve this matter, he has asked me to make you an offer. I wonder why he is getting so soft…maybe it's the season.

But I must admit, that if you want to file a lawsuit, I say go ahead. You and we will go into court (back here in California), and when it is all said and done, I am confident that the court will find the contract is sound and that we have performed on said contract. So your trip and trouble would have been for naught. Actually, since the case would have to be filed here, I doubt you would take it to court. I believe yours is an empty threat. You threatened to sue us earlier when you were still in California and it would have been much easier to carry out that threat…but you did not. As I said, I believe yours is an empty threat.

But, like I say, maybe it is because of the season, and/or maybe its because this has been the best year on record for us, that Mr. ???? has asked me to attempt to resolve the dispute with you. However, there are conditions.

You will recall, in your attempt to intimidate us (besides threatening a lawsuit), you registered complaints with the California Attorney General's Office, the Better Business Bureau, and only you know where else. Evidently, none of these attempts have gained you any satisfaction, and our business has not been hurt, because as I said, we continue to break records.

The offer is that if you will write and sign letters totally withdrawing your complaints to the California Attorney General's Office, the Better Business Bureau, and wherever else you may have registered complaints against us (and send us those letters for us to post by mail); and if you will sign and return the agreement enclosed, we will then refund you a check for $1,500.00.

Mr. Recek, this is our last and final offer and will be accepted only if returned to ??? on or before December 26, 2001. If you act quickly you may have the money in time for the holidays.

Regards,



Gregory L. ?????
Executive Vice President / General Manager

 

[tigger22472]

What a bunch of BS.... Take their asses to court and NAIL them to the wall!!!!!!!!!!!