We are....in the other 49 states. Your process will depend on your state and the county in which the defendant or defendant's business identity is located (at least that's CO). It's a tedious process, it will cost you up-front fees to file, and to serve the individual, your drive-time to that court......and the other person may not show up ! They must be "served" first, and YOU can not do that (at least in CO). At best, you can eventually secure the judgment against them, and it gets recorded in civil court records, and perhaps against their credit records, etc. but that might be something you pursue intently with the Clerk and Recorder office for that county. Many feel that a properly worded letter mailed or faxed will "scare" the pants off the individual.....and they will pay up. Don't count on that as any guarantee. Real sleazeballs know how to run their scam....and they are good at being un-touchable. How do I know ? I got scammed in October by a mortgage broker. He sent me a signed order, with a bogus (3-yr.old) business address, defunct phone number. Promised to send the check on the day of the order......and I got tripped up. I fell victim to my own diligence, for I e-mailed the report before the check arrived. I would not have done that for someone out-of-state, but since he was 50 miles and 45-min. drive from here I knew I could "pursue" him if things went sour. I pursued, he did not show in court......but that $350 original fee has been racheted up to a $615 judgment against him with all cummulative costs by me and the court.
Here's where our system has failed the citizens (of CO). We do not have licensure of loan originators and mortgage brokers. There is nothing to take, to pull, to rescind or something with which to fine them. This individual took the homeowner's advanced fees for appraisal and credit report, pocketed the cash, ordered an appraisal with a signed order (yes, it IS his signature), and then never paid me for my fulfillment of contracted service. The loan deal for the homeowners simply evaporated in thin air around mid-November. That judgment was the last week of March. I can still serve him again to answer an "interogatory of the court" to explain what assets he has, or income he receives, such as to meet the $615 amount recorded now as his debt. I have been flat-out too busy making real money since mid-March (busiest 3 months in 5 years !) to pursue further this guy's funny-money. He lives with a girlfriend, and she owns the house, and he owns nothing.....maybe not even the car he drives. I may file that interogatory one of these days soon......but for sure, if and when the day comes, that our Legistlators get some sort of enactment to license this crowd.....I will have my voice heard in a manner to prevent him from ever getting his license. I have mellowed on the matter over these last few months.....but he will not ever be forgotten and maybe his "day" will come. Of course, by now he might have dropped the girlfriend, and moved on to another state which does not license these practitioners, and there are several others like CO, and he is scamming other homeowners and appraisers there. The good book says to forgive, now and then. For sure, I have learned from the experience. "Lost" about $350 in each of 1998 and 1999, and none till this event. Not too bad, perhaps. Good luck.
