O/T Legal Problem...HELP....

Ok I got a Credit Card machine in my shop, it is through my bank, the bank uses a vendor called Elavon. Last Dec. My bill have been getting higher, i noticed a PCI Compliant fee of $34. I contacted the sales rep and asked him about it. He said call down to Tennessee and they can solve it. I did the lady told me I had to become PCI compliant. She said I had to download the documents and fill out and file. Well Im on a dial-up system and that isnt gonna happen. So she says OH Well! So I contacted the sales rep again, and he said he can get it mailed. I got this huge packet and it doesnt have anything to do with me! Im not Walmart! Im one guy who sells parts and a few tractors. It asks how do I handle customer reciepts, burn, burn, burn with gasoline was my replies, It was a joke. I sent it back and I was compliant. The next week I get a statement with another $34, I call the rep and he claims he will solve it and return the $34. Next month no return and another $34 fee. I went to the court and filed a suit for $472 because these fees went back to Dec 09. I filed the suit as Elavon World Wide Merchant Services with the same Tennesee adress and Company name on my billing, and the reps name. This Rep goes and hires an atty (instead of talking to me) and the atty is representing World Wide Merchant Services, a Michigan Company, and the sales Rep. The atty wants me to cover all their legal fees. The court for some reason does realize and I tried to explain to them that Im not suing World Wide Merchant Services in Michigan!..Im suing Elavon World Wide Merchant Services located in Tennessee..I tried to file a dismissal in court to just end it and the atty refused it. And as of today Elavon has not answered the complaint, World Wide Merchant Services has...what is a guy to do. Planting season is coming up and I dont want to be in court, and the atty wants to make this into the O.J. Simpson Trial. Im due for pre-trial on May 23rd....

Your thought please...

If you're a guy who "sells parts and a few tractors", why do you have a credit card machine in the first place? Cash on the barrelhead makes life infinitely simpler.

Beyond that, I haven't a clue how to solve your problem.

I realize that you had good reason to file a claim against this company but why, after you filed would you expect the rep to want to talk to you? You tried talking to him before and it got you nowhere. I probably would have gone up the chain of command and find out who your rep's supervisor was before going that far.

My guess is that their attorney will not make a final decision, the courts will. Attorneys puff up like a male turkey, but often it doesn't mean a whole lot.

Doesn't help his situation, but I certainly agree with you.

This is NOT an area I work in as part of my semi retired probate practice, but will offer a comment. In this state if you want to bring legal action against a Corporation you call the Secretary of State (or get it from their website) and ask the name/address of the Registered Agent for Legal Service (the one you must obtain legal service of process on) for the Corporation. Then THATS THE person you send copies of your pleadings to. Corporations are required by law to designate an agent for legal service and thats public information easily found on the Secy of States website or a phone call

As far as the other action you mentioned, I'd move (request) for a Court Hearing where you can simply explain to the Judge what happened and ask for the dismissal. Dont forget to send a copy of any pleading you file in Court to the opposing party and at the bottom of your pleadings (your request for a hearing regarding dismissal) certify service on the opposing party by typing and signing something to the effect "You herebby certify that on x date a true and accurate copy of the foregoing was deposited in the US Mail Postage Pre Paid and addressed to the opposing party" sign and date.

City Attorneys like to blow smoke and harass and intimidate so you just need to get a Hearing and explain to the Judge whats happening and you will likely get some sympathy and hopefully a dismissal at no cost.

John T Country Lawyer

This is NOT an area I work in as part of my semi retired probate practice, but will offer a comment. In this state if you want to bring legal action against a Corporation you call the Secretary of State (or get it from their website) and ask the name/address of the Registered Agent for Legal Service (the one you must obtain legal service of process on) for the Corporation. Then THATS THE person you send copies of your pleadings to. Corporations are required by law to designate an agent for legal service and thats public information easily found on the Secy of States website or a phone call

As far as the other action you mentioned, I'd move (request) for a Court Hearing where you can simply explain to the Judge what happened and ask for the dismissal. Dont forget to send a copy of any pleading you file in Court to the opposing party and at the bottom of your pleadings (your request for a hearing regarding dismissal) certify service on the opposing party by typing and signing something to the effect "You herebby certify that on x date a true and accurate copy of the foregoing was deposited in the US Mail Postage Pre Paid and addressed to the opposing party" sign and date.

City Attorneys like to blow smoke and harass and intimidate so you just need to get a Hearing and explain to the Judge whats happening and you will likely get some sympathy and hopefully a dismissal at no cost.

John T Country Lawyer

This is NOT an area I work in as part of my semi retired probate practice, but will offer a comment. In this state if you want to bring legal action against a Corporation you call the Secretary of State (or get it from their website) and ask the name/address of the Registered Agent for Legal Service (the one you must obtain legal service of process on) for the Corporation. Then THATS THE person you send copies of your pleadings to. Corporations are required by law to designate an agent for legal service and thats public information easily found on the Secy of States website or a phone call

As far as the other action you mentioned, I'd move (request) for a Court Hearing where you can simply explain to the Judge what happened and ask for the dismissal. Dont forget to send a copy of any pleading you file in Court to the opposing party and at the bottom of your pleadings (your request for a hearing regarding dismissal) certify service on the opposing party by typing and signing something to the effect "You herebby certify that on x date a true and accurate copy of the foregoing was deposited in the US Mail Postage Pre Paid and addressed to the opposing party" sign and date.

City Attorneys like to blow smoke and harass and intimidate so you just need to get a Hearing and explain to the Judge whats happening and you will likely get some sympathy and hopefully a dismissal at no cost.

John T Country Lawyer

I think what you have is you sued a division of a larger company, or that perhaps Elavon was reselling the services of the larger company.

You maybe should have tried small claims court first. That would have been more appropriate. Or maybe you did? That keeps an attorney out of it, or least the need for one on your part.

In my area most farmers don't carry a lot of cash. The credit card is simple and at the end of the month they get a bill and when they do there taxes at the end of the year they have all of there purchases on 12 pcs of paper.
Bob

This doesnt help the legal situation, John T has that pretty well covered. As to credit cards, it would be cheaper to keep a laptop computer around, one of those little 79 dollar refurbished notebooks, and take paypal only if they want to use a cc. It costs you a little more but a lot less than all this hassel. Thats the way I do for hay. Either that or do open accounts. For what the CC is costing I'd think it would be cheaper.

My open account system is net 30 days on the first of the month, interest at 1.75 percent per month on unpaid balances and balances over 90 days subject to collection. In the financing terms is a clause that if an account is collected through the courts that all reasonable costs of collections are added to the unpaid balance. No credit to first time customers.

So far, knock on wood, I've been stiffed on one, 100 dollar hay bill in 30 some years and one 1200 dollar judgement. I've got several that I had to carry on the books a while but they all eventually did pay. The 100 dollar bill the lady moved off with no forwarding. I kind of let it slide as she was a charity case anyway. The other one the guy died with a negative balance estate.

MMmmmmmm.....I see our resident attorney has made his (1) opening statement, (2) arguments, and (3) closing comments....?? Thus the THREE postings! LOL!!

I apologize, but couldn't help it!!

Hope you can get the mess cleared up w/o further anxiety.

Rick

Some others might have better knowledge on this than me, but it is my understanding that you cannot collect legal fees in a court proceeding like this unless it goes to an appeal and then in that case, you can collect them but only if you win. That is what I was told as to how it is here in SD. I won my court case but couldn't collect a dime in expenses because the decision never got appealed. As far as small claims court goes, if they wanted to take it to a trial judge, they could move it out of small claims anyway. It just costs a little more but you can be represented by your attorney, meaning $$$$.

MF i cannot help much with who is suing who. But shop around and look at terms on credit cards as a vendor There are many programs some good dome not. Many people got burned around here on them (high fee's) My opinion is the judge will throw it out in the event you sued the wrong party. And John T covered it on suing a corperation.

Cash only, No cash, no sale. I don't need anybody that can't pay cash.

Are you signed in to a long term contract with the card processor? If not, I would suggest taking a look at Sam's Club or Costco. They both offer card processing at a reasonable price, Sam's is 1.49 percent plus 20 cents per transaction.

I can't remember the name of the processor Sam's uses, but it is NOT the one you are using. DOUG

I'd just get another processor. There are lots of companies doing that.

Some attorney can't just tell you have to pay his clients legal fee's. In some cases such as injury waivers that are signed beforehand, there is often a clause about all legal fee's being paid by the plaintiff but I'm not sure if that's even enforeceable. Depending on the size of the lawsuit and the time involved, the winning party can apply for party to party cost's but rarely get all their legal fees paid. In small claims, it's rare when any party to party costs are awarded. Is Elavon world wide a subsidary of World wide or vice/versa? Usually when you file against a company, you have to go to a business registration office and request a copy of the business's title which includes share holders and the official address. It sounds like some lawyer is just trying to harass you. It can all be straightened out at the pre-trial meeting. You should be able to withdraw a claim anytime you want. Cases have been settled 2 minutes before entering the court room.

How did you expect this to turn out? You sued a company, and they responded. It always pays to think these things through before you start.