Need Advice How to file a claim against a broker

[Markthebroker]

This is why I pay for nearly everything with a credit card. That way if something goes sideways, I just dispute it.

Frankly, just telling people I plan to dispute it fixes it right then and there almost every time. I can only remember twice ever having to dispute a transaction.

 

[ebayn001]

@ValeRosso - I paid through Venmo because she is the broker and it was for a group lead order. I just didn't know any better. Even Paypal would have been better because I could dispute that with them since I never received the leads. The best I could hope for is my bank crediting me back on my card since I submitted the complaint documentation with the state agencies and if there's more correspondence/update from the Attorney General of the state for fraud.

These were group insurance leads?

 

[goillini52]

@goillini52 - I didn't even think of filing a police report for fraud?

That was DHK that suggested filing a police report. I suggested that you kick her ass.

 

[ehall2]

It happens. Years ago I contracted with a general agent to sell Columbus Mutuals products. I sold 4 small groups than amounted to $4,000 annual commission. I couldn't get the policies and people I sold to were calling me. One group called me and I told the individual I would be in his town tomorrow and I would stop by to see him. I got there and the general agent was there delivering the policy. I thought this strange but I stood there and the ga went over the policy. The general agent then asked me to go to lunch with him. I did and before I left he said, "send me some more business." I never got paid so I called the general agent one day and got his voice mail. I told him if he didn't pay me I was coming to Savannah and he was going to get the worst ass whipping he had ever gotten in his life. My lawyer told me not to do that again and hope and pray nothing happens to this guy or the law would come looking for me. Over the years I cost this general agent much more than $4,000. I went to work for New York Life and this general agent somehow got a list of all the agents that worked out of the general office. Over 200 agents. I received one of the mailings and at the next meeting with over 200 agents in attendance I got up and showed the mailing I got and told how this general agent beat me out of $4,000. Each agent at the meeting got their mailing and wrote on it: I don't do business with general agents that don't pay the agents that place business with you. It was a postage paid return card. I didn't get my $4,000 but I cost the general agent much more.

 

[adjusterjack]

@adjusterjack - Yes, I am in Maricopa county Arizona and she is in Beaverton Oregon.

@adjusterjack - Also, what are the options that I have for enforcing the judgement?

You're getting ahead of yourself. Getting a judgment doesn't guarantee that you'll ever collect. It's almost impossible with a person who is self employed.

First you have to figure out whether you can sue in AZ or have to sue in Oregon. It depends on whether an AZ court has "personal jurisdiction" over the person in the other state.

Personal jurisdiction is a complicated issue as you can see by reading the following articles:

Minimum Contact Requirements for Personal Jurisdiction | U.S. Constitution Annotated | US Law | LII / Legal Information Institute (cornell.edu)

Motion to Dismiss For Lack of Personal Jurisdiction for Arizona State Superior Court | Trellis.Law

Minimum contacts depend on how the defendant conducts business in AZ and the circumstances under which you bought the leads.

The small claims complaint form allows you to declare that the event occurred within the state but doesn't ask you to prove personal jurisdiction.

Court Forms (maricopa.gov)

However, the summons requires the defendant to file a written answer.

Court Forms (maricopa.gov)

If that answer contains a motion to dismiss due to lack of personal jurisdiction, the burden falls on you to prove that the court does have personal jurisdiction.

If the defendant is successful at getting the lawsuit dismissed, you will then have to file it in Oregon. This could get expensive if you have to travel and take off from work to attend court, unless you can get permission from the Oregon court to appear by phone or Zoom.

I'm not going to engage in a lot of "what ifs" that would take up a lot of pages.

You might try filling out the complaint form but not filing it. Send it to her, giving her a week to return the money or you will file. Don't bluff. Be willing and able to do it if she doesn't pay.

 

[fed up]

Does anyone answer the phone when you call her number? If so, ask each person who you speak with for their full name ( be nice about it as if you are establishing a friendship). After you get a list of names, call back and inform each person that you a filing a criminal complaint and attaching their name to the complaint as part of the fraud.
Eventually someone within the office will decide it is better to refund your money than to be caught up in the hiring of the owner. It worked for me several years ago on a live transfer company that defrauded many agents in my area. One of their assistants got so frazzled by the thought of personally being responsible that she refunded all of my money when no one else was in the office.

 

[Allen Trent]

This is why I pay for nearly everything with a credit card. That way if something goes sideways, I just dispute it.

Frankly, just telling people I plan to dispute it fixes it right then and there almost every time. I can only remember twice ever having to dispute a transaction.

Didnt realize the down payment you made for strippers for your birthday party were midgets did you? All because your unfounded fear of little people, you backed out of the contract & took food right out of their little mouths. Very disappointed in you