queenofwands 13 Posted June 9, 2015 Report Share Posted June 9, 2015 Hello all. I'm reaching out in case anyone has any ideas to contribute on how I can locate and get served the JDB I'm suing? Complaint was filed back in March, and we just got a final 60 days to serve. Their Registered Agent dropped them several years ago, and they failed to update with a new registered agent. They have vacated the office address on file with the Sec of State, and they are doing business illegally as their business license has been suspended. Their website lists a PO box which is the address they do all business from, calling them yields the same results. The PO box is registered to the official address they've vacated. TCPA Act violations in the complaint and they've called me as recently as Feb. They know I'm suing them, my attorney sent the original complaint to the PO Box in an effort to get them to call. All subsequent attempts to serve via mail with CMRRR have been returned. Attorney says my only option at this point is dismiss or hire a PI. Do I have any other options outside of hiring a Private Investigator? The owner has a very common name, so I'm concerned extensive background checks would be futile. Quote Link to post Share on other sites
BV80 2,797 Posted June 9, 2015 Report Share Posted June 9, 2015 @queenofwands I can't think of any other method to locate them. The problem with operations like that is not only locating them but getting money out of them. As far as anyone knows, the owner could be operating out of his mom's basement and doesn't have a penny to his name. If you hired a PI to locate him, I'd also want the PI to find out if the guy has any money/assets and doesn't owe anyone else who'd be in line ahead of you. Unless your complaint is for a large amount, this may not be worth the trouble. Is your attorney working on contingency? If not, you could end up owing the attorney and PI without a payday from the debt collector. Quote Link to post Share on other sites
queenofwands 13 Posted June 9, 2015 Author Report Share Posted June 9, 2015 @BV80 Yes, attorney is working on contingency. Complaint is solid and for well over $100k in TCPA statutory damages. I will mention finding out about assets when I contact the PI. They've definitely been sued in the past and lost, paper trail in the court system. Attorney said only other option is to possibly stake out the PO box and serve them when they come to get the mail...but that would get expensive. Quote Link to post Share on other sites
Clydesmom 1,218 Posted June 9, 2015 Report Share Posted June 9, 2015 @BV80 Yes, attorney is working on contingency. Complaint is solid and for well over $100k in TCPA statutory damages. I will mention finding out about assets when I contact the PI. They've definitely been sued in the past and lost, paper trail in the court system. Attorney said only other option is to possibly stake out the PO box and serve them when they come to get the mail...but that would get expensive. I have to wonder if this case is actually worth that much money. If it were then the attorney should have already paid to have this defendant served and not be turfing it to the client in a contingency case. Regardless of how "solid" the case is suing is one thing. COLLECTING is entirely another matter. All signs so far point to never seeing a dime on this one. Quote Link to post Share on other sites
queenofwands 13 Posted June 9, 2015 Author Report Share Posted June 9, 2015 I have to wonder if this case is actually worth that much money. If it were then the attorney should have already paid to have this defendant served and not be turfing it to the client in a contingency case. Regardless of how "solid" the case is suing is one thing. COLLECTING is entirely another matter. All signs so far point to never seeing a dime on this one. Attorney agrees on damages, and has paid for attempted service 3 times. All known addresses are vacant and unable to locate business. They are so shady... We do agree that collecting may be challenging. For what it's worth, the business is still functioning, albeit illegally. Is it worth losing a $200-$1000 investment for a potential $100k+ payoff? Quote Link to post Share on other sites
Clydesmom 1,218 Posted June 9, 2015 Report Share Posted June 9, 2015 We do agree that collecting may be challenging. For what it's worth, the business is still functioning, albeit illegally. Is it worth losing a $200-$1000 investment for a potential $100k+ payoff? IMHO: NO. The key word is POTENTIAL. What you asked for in the suit means zip. What you actually get in a verdict and collect means everything. Until the court actually awards that amount AND you actually collect you have nothing. Shady + illegal = not worth the time, effort, or money to pursue in my book. Quote Link to post Share on other sites
BV80 2,797 Posted June 9, 2015 Report Share Posted June 9, 2015 @queenofwands I agree with @Clydesmom that the key word is "potential". That word is not necessarily the same as "definite". It could end up being a judge's decision. It's great that the attorney is working on contingency, but what a PI? Who would be responsible for his bill? In regard to a judgment against the business, I'd want to know about the business's assets and debts. In other words, if the JDB owes money to banks or has any other judgments against it, you'd have to stand in line UNLESS the JDB just agreed to pay you. The point is that you may need to find out some more details before making a decision. Ask your attorney if he believes this is worth the time and effort. Talk to some more attorneys and get more opinions. Quote Link to post Share on other sites
CCRP626 430 Posted June 9, 2015 Report Share Posted June 9, 2015 While you're figuring what you as an individual can do, go ahead and file complaints with the California Atty General office and CFPB to also help others out.CFPB has a fund that pays consumers when deadbeat corporations can't pay. Quote Link to post Share on other sites
CCRP626 430 Posted June 9, 2015 Report Share Posted June 9, 2015 Send a letter to their last known good address with the envelope endorsed ADDRESS SERVICE REQUESTED.http://pe.usps.com/text/qsg300/Q507.htm Also, see what skip trace services would cost or if the attorney knows of one to get a quote from. 1 Quote Link to post Share on other sites
Coffee_before_tea 268 Posted June 9, 2015 Report Share Posted June 9, 2015 You can motion the court for an alternate means of service. Show them they are evading service, and you've attempted multiple times, request the service be made proper by mailing to the last known address and through publication. I see no reason why this wouldn't be granted. Once service is completed, then get a default judgment and then start tracking them down to collect. Here's an example: https://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2007cv00954/344869/72 1 Quote Link to post Share on other sites
Anon Amos 2,247 Posted June 9, 2015 Report Share Posted June 9, 2015 You can motion the court for an alternate means of service. Show them they are evading service, and you've attempted multiple times, request the service be made proper by mailing to the last known address and through publication. I see no reason why this wouldn't be granted. Once service is completed, then get a default judgment and then start tracking them down to collect. Here's an example: https://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2007cv00954/344869/72 Yes, I thought of this as well. You can actually post the complaint in the legal column of the paper and eventually it will count as served, and probably get a default judgment when they don't answer it. However, it doesn't cure the bigger problem; actually finding them and determining if they have anything to collect (not to mention actually collecting). There's no shortage of Cali defendants here who haven't paid plaintiff a dime. 2 Quote Link to post Share on other sites
Coffee_before_tea 268 Posted June 9, 2015 Report Share Posted June 9, 2015 @Anon Amos There's no shortage of Cali defendants here who haven't paid plaintiff a dime. True, but at least if, and when you find them, you can roll out the moving van & sheriff to satisfy the judgment. @queenofwands Do yo mind sharing what entity you are suing? Maybe some of the fine people of CIC can share some knowledge about them. Quote Link to post Share on other sites
saytar 96 Posted June 10, 2015 Report Share Posted June 10, 2015 You can motion the court for an alternate means of service. Show them they are evading service, and you've attempted multiple times, request the service be made proper by mailing to the last known address and through publication. I see no reason why this wouldn't be granted. Once service is completed, then get a default judgment and then start tracking them down to collect. Here's an example: https://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2007cv00954/344869/72 I'd also check (if you don't already know) if the entity is incorporated or DBA...............if it's DBA then you can name the actual owner AND the business.....................unless they are retired or independently wealthy they will have to surface sometime to make money........some LLC's (depends on state rules) allow getting a CHARGING ORDER, some kind of order that pierces the corp shield (not sure that's exactly the right terminology, but your attorney should know) against one of the individual owner's (especially if they have "fraudulently broken corp rules OR have personally guaranteed corporate loans) and take any payouts or dividends to that individual owner without affecting or bankrupting the corp. ..................a default judgment can just lay in wait...............If they ever pop up or incorporate another entity then you can pounce......but remember this is sometimes a difficult venture. Quote Link to post Share on other sites
queenofwands 13 Posted June 10, 2015 Author Report Share Posted June 10, 2015 @Coffee_before_tea That is actually very helpful (alternate means of service), I mentioned this to my attorney and she said we can do this after we've exhausted other means. The entity is T C M F I N A N C I A L ... (I inserted spaces to keep this from showing up in a google search haha, I hope that works...) I think they are pretty mom and pop here in California. @saytar That is very helpful. They are incorporated, an LLC...well they were until they were suspended for not designating a new Registered Agent. You bring up a valid point though that we could go after the owner personally since they apparently don't have the protection of the corp shield as you mentioned. It would appear that now they are functioning as a DBA. Quote Link to post Share on other sites
Trapezius 14 Posted June 10, 2015 Report Share Posted June 10, 2015 Does your state not allow service by newspaper(taking out an ad in a newspaper and providing the court with proof that it was published)? Quote Link to post Share on other sites
WhipItGood 13 Posted June 12, 2015 Report Share Posted June 12, 2015 What an interesting story. Ask your atty about the complaint naming the company's officers and CEO under "vicarious liability" Then it would be easy to skip trace those officers' home addresses and serve them there! Otherwise, I had the idea of going to the court records and search for any open cases they have against other citizens in Cali...the court surely has an accurate way to contact them. Perhaps even dare to contact some defendants that are being sued by them, and ask how they serve their pleadings...? Just a thought:-) I will keep thinking up ideas, if it helps! Quote Link to post Share on other sites
WhipItGood 13 Posted June 12, 2015 Report Share Posted June 12, 2015 Check company registrations and agents in other states, call the agent saying you have a large check for them...trump up some lie like that...and say it has to be signed for. An RA from out of state would be caught off guard...? Quote Link to post Share on other sites
WhipItGood 13 Posted June 12, 2015 Report Share Posted June 12, 2015 cruise by this address: (spaces entered to googleproof!) 5 9 0 0 S. E a s t e r n A v e, Suite 130LA -zip 90040 looks like a business complex/commercial park.Go have a sandwich at the Elm Tree sandwich shop and casually say you can't find that business, do they know which office it is... I would stake out the place in the wee hours of the morning - and then photograph people coming and going out of their suite and try to figure out what the activity/personnel there are...Then pounce when you know what's up. @queenofwands looks like a company named cushman & wakefield lease that office building -a guy named T-om Sh-eets. 310 - 525 - 1919... maybe a call to them to inquire? also try this address:6 7 6 6 Passons Blvd. Suite C Pico Rivera, 90265 Quote Link to post Share on other sites
WhipItGood 13 Posted June 12, 2015 Report Share Posted June 12, 2015 Here's an interesting case concerning the defendant in your case... and specifically is about serving the defendant...in 2011 http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CCwQFjADahUKEwj-_f6Nh4vGAhUDDJIKHbAJAFE&url=http%3A%2F%2Fwww.gpo.gov%2Ffdsys%2Fpkg%2FUSCOURTS-caed-1_11-cv-00062%2Fpdf%2FUSCOURTS-caed-1_11-cv-00062-0.pdf&ei=NEl7Vf6TCIOYyASwk4CIBQ&usg=AFQjCNHKi4AGQKcAUe5bYsPy16W1mqiocA&sig2=ocsP0ezzUR6s7xynVpS-GQ It would be interesting for you to access that case, or ask your attorney to, to see what ended up happening. In this case, the court would not grant a default judgment since the process server did not specify suite 130 on the Eastern Ave address mentioned above. Interesting. And the vice president of the company is named J a v i e r J i m e n e z Quote Link to post Share on other sites
saytar 96 Posted June 13, 2015 Report Share Posted June 13, 2015 Here's an interesting case concerning the defendant in your case... and specifically is about serving the defendant...in 2011 http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CCwQFjADahUKEwj-_f6Nh4vGAhUDDJIKHbAJAFE&url=http%3A%2F%2Fwww.gpo.gov%2Ffdsys%2Fpkg%2FUSCOURTS-caed-1_11-cv-00062%2Fpdf%2FUSCOURTS-caed-1_11-cv-00062-0.pdf&ei=NEl7Vf6TCIOYyASwk4CIBQ&usg=AFQjCNHKi4AGQKcAUe5bYsPy16W1mqiocA&sig2=ocsP0ezzUR6s7xynVpS-GQ It would be interesting for you to access that case, or ask your attorney to, to see what ended up happening. In this case, the court would not grant a default judgment since the process server did not specify suite 130 on the Eastern Ave address mentioned above. Interesting. And the vice president of the company is named J a v i e r J i m e n e z Sounds like a "Cartel" side business, but like all other "Cartel" business's very shady....................... Quote Link to post Share on other sites
queenofwands 13 Posted August 10, 2015 Author Report Share Posted August 10, 2015 cruise by this address: (spaces entered to googleproof!) 5 9 0 0 S. E a s t e r n A v e, Suite 130LA -zip 90040 looks like a business complex/commercial park.Go have a sandwich at the Elm Tree sandwich shop and casually say you can't find that business, do they know which office it is... I would stake out the place in the wee hours of the morning - and then photograph people coming and going out of their suite and try to figure out what the activity/personnel there are...Then pounce when you know what's up. @queenofwands looks like a company named cushman & wakefield lease that office building -a guy named T-om Sh-eets. 310 - 525 - 1919... maybe a call to them to inquire? also try this address:6 7 6 6 Passons Blvd. Suite C Pico Rivera, 90265 @WhipItGood you are awesome haha - I didn't get notifications that you responded so I didn't know til I just logged in, but all great suggestions! For anyone who is interested in updates, I ended up hiring a PI, locate investigation turned up results even with the common name, and just got word, service completed! Yippee! The guy has 3 outstanding judgments against him going back 10+ years, oy vey... not sure about outstanding liens or any of that, we'll likely end up doing asset search soon enough. Now I guess we wait and see if the guy contacts my attorney... 2 Quote Link to post Share on other sites
saytar 96 Posted August 11, 2015 Report Share Posted August 11, 2015 @WhipItGood you are awesome haha - I didn't get notifications that you responded so I didn't know til I just logged in, but all great suggestions! For anyone who is interested in updates, I ended up hiring a PI, locate investigation turned up results even with the common name, and just got word, service completed! Yippee! The guy has 3 outstanding judgments against him going back 10+ years, oy vey... not sure about outstanding liens or any of that, we'll likely end up doing asset search soon enough. Now I guess we wait and see if the guy contacts my attorney... LOL.......talley ho and nice play.......that's the back pat Now with 3+ still hanging...uh..........get in line and you will need the patience of Jobe....(and persistence) Good Luck on the Grand Finale, wish you the best always.............. Quote Link to post Share on other sites
