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Can't find the Answer you were looking for?
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5660 page views
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small claims lawsuit against company that changed there name
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3/6/2011 10:18 AM (PST)
I was scammed in 7/out of 2010 for a loan mod they never did anything to help me, I actually got the mod on my own working with my lender, my question is I want to take them to small claims court, but learned that they closed their doors and reopened in another location and with a different name can I still take them to court even if they have a new name but still doing the same business. FYI anyone who was a client of H&R Financial there new name is Alpha Omega and their numbers are 909.257.0664 or 909.2570677 or 909.257.0676 William "John" Heckler CFO Richard C. Ruegsegger and anyone who worked with Sean Moore he has a posting explaining his actions on trust link
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3/6/2011 11:33 PM (PST)
Michelle,
Normally, if an incorporated company is dissolved then the new company is not liable. Additionally, your contract must have wording about a refund if they are unable to secure a modification. Thirdly, paying upfront fees has been illegal since 2009. But if you paid for only the modification document preparation in place of an actual modification negotiation service the preparation is exempt from SB94 rules (CA restriction on upfront fees).
Lastly, if the company was incorporated, you are incapable of seeking compensation from them personally as well. The corporation carries the debt and liability - not its owners. And once it is dissolved that is all she wrote.
By the way, congrats on your modification success!
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3/6/2011 11:37 PM (PST)
Also write off the mortgage mod fee on your taxes; talk to your tax preparer (CPA) for more information.
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