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I=92d like to bring a Small Claims action against a credit card company,
to recover costs in connection with a payment processing error.
Specifically, FIA Card Services issued debits against my checking
account for another one of their customers and would not reverse them
when it was brought to their attention. They simply advised me to take
it up with my bank. In the course of doing so, I was forced to close
my checking account and open another. The costs I=92m seeking to recover
are for printing new checks and 3 hours of my time.
Problem is, I=92m in New York and they=92re in Wilmington Delaware.=20
Is there any way I can bring an action against them without have to
actually travel to their jurisdiction?
Thanks in advance for your help,
A_C=20
(Note to moderator; agent-c-hates-spam@nyc.rr.com is a fully
functional email address)
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Agent_C wrote:
[wants to pursue action against a foreign corporation]
Is there any way I can bring an action against them without have to
actually travel to their jurisdiction?
Check with your Secretary of State to see if the corporation is
registered to do business within your state. It probably is. What you do
is to file a suit and then serve papers on the 'registered agent' for
that corporation who will have an address within your state. That way
you can proceed with your suit all within your home state.
-paul
ianal
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In article <ga7104pfvh6esna9ucc4squ9gqe0dgd8co@4ax.com>,
Agent_C <Agent-C-hates-spam@nyc.rr.com> wrote:
I=92d like to bring a Small Claims action against a credit card company,
to recover costs in connection with a payment processing error.
Specifically, FIA Card Services issued debits against my checking
account for another one of their customers and would not reverse them
when it was brought to their attention.
Is that Wire Fraud?
Problem is, I=92m in New York and they=92re in Wilmington Delaware.=20
Is there any way I can bring an action against them without have to
actually travel to their jurisdiction?
Do they do business in New York, or otherwise have nexus there?
Seth
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Sat, 12 Apr 2008 07:32:53 -0400 from Agent_C <Agent-C-hates-
spam@nyc.rr.com>:
FIA Card Services issued debits against my checking account for
another one of their customers and would not reverse them when it
was brought to their attention. They simply advised me to take it
up with my bank. In the course of doing so, I was forced to close
my checking account and open another. The costs I=92m seeking to
recover are for printing new checks and 3 hours of my time.
You cannot in general sue for the value of your time over a purely
commercial matter. So your actual damages, legally, appear to be the
cost of check printing.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
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On Sun, 13 Apr 2008 07:20:39 -0400, sethb@panix.com (Seth) wrote:
Is that Wire Fraud?
I think fraud might be a bit of a stretch. All thinks point to a
clerical mistake.
Do they do business in New York, or otherwise have nexus there?
I've learned that Bank of America if the holding company for FIA Card
Services. Does this mean I can serve them an any one of the many BoA
locations here in New York?
If so, how would I list the party?
"Bank of America as agent for FIA Card Services" ?
"FIA Card Services c/o Bank of America" ?
"FIA Card Services d/b/a Bank of America" ?
Thanks!
A_C
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In article <6lh604pc53qh9aoek6bhsmj3sqfi8e18r5@4ax.com>,
Agent_C <Agent-C-hates-spam@nyc.rr.com> wrote:
On Sun, 13 Apr 2008 07:20:39 -0400, sethb@panix.com (Seth) wrote:
I think fraud might be a bit of a stretch. All thinks point to a
clerical mistake.
A clerical mistake is corrected when pointed out. Refusing to do that
indicates it's something more. Besides, since it's purely their
mistake, it's their responsibility to correct it.
Do they do business in New York, or otherwise have nexus there?
I've learned that Bank of America if the holding company for FIA Card
Services. Does this mean I can serve them an any one of the many BoA
locations here in New York?
Dunno what "is the holding company for" means. If it means they own
the stock, no, you can't serve a stockholder. If it's the same
corporation, you can serve them.
If so, how would I list the party?
"Bank of America as agent for FIA Card Services" ?
"FIA Card Services c/o Bank of America" ?
"FIA Card Services d/b/a Bank of America" ?
I would think the d/b/a is in the other direction. But you list them
under their official name (in their incorporation papers or government
filings).
Seth
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In article <ga7104pfvh6esna9ucc4squ9gqe0dgd8co@4ax.com>,
Agent_C <Agent-C-hates-spam@nyc.rr.com> wrote:
I=92d like to bring a Small Claims action against a credit card company,
to recover costs in connection with a payment processing error.
Credit card agreements usually prohibit card holders from suing
the credit card company. In theory you can go to binding
arbitration. In practice you just lose.
--
John Carr (jfc@mit.edu)
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