thesatelliteshop
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posted on March 25, 2002 09:57:53 PM new
As many of you may know I was forced to sue Paypal last year because they froze my account wo reason. As expected I won. I've had to attempt to garnish the money however because they refuse to willingly pay. Barberton Municipal Courts recently sent a "Affidavit, Order and Notice of Garnishment of Property" demanding Payment. Here's the response from Wachovia Bank upon receiving the affidavit.....
Joseph Mullett
Your order/levy with regard to the above-captioned action, a copy of which is attached, has bben refereed to this office for response.
Wachovia Bank N.A. is a national banking association headquartered in Winston-Salem, North Carolina and does not conduct its general banking business in the State of Ohio. As such, the State and Courts of Ohio would not appear to have jurisdiction over the person of Wachovia and therefor your process would not be considered binding. If there are facts which you would like to bring to our attention which would justify the assertion of jurisdiction, we would be pleased to hear from you.
We appreciate your understanding the necessity of our position in this regard.
Sincerely,
Christol Smith
My response to this letter will be consistant w a string I posed a few month back.
http://www.auctionwatch.com/mesg/read.html?num=47&thread=5559
Article 4 of the United States Constition provides that a judgement awarded in a court of one state is entitled to full faith and credit in the
courts of another state.
http://www.judiciary.state.nj.us/prose-1.htm
So what do you guys think???
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stopwhining
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posted on March 26, 2002 07:15:02 AM new
what does your lawyer have to say??
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thesatelliteshop
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posted on March 26, 2002 09:10:55 AM new
He has a Wachovia Credit Card and as such he's doing business w Wachovia Bank.....and he's an Ohioan. What they are doing is basically called "The Stall Tactic" .... according to the Lawyer. I'll send them his response and cc a copy to the local small claims court. Wachovia probably doesn't want to lose Paypal's business and Paypal is probably getting it's b*tte sued by alot of people. He told me this is typical and not to worry.
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club1man
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posted on March 27, 2002 09:28:33 PM new
Just goes to show that they will even violate the law of the land.We have got to stop this.
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thesatelliteshop
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posted on March 29, 2002 07:23:54 AM new
OK.....I just sent a letter to Christol Smith explaining to her the meaning of Article 4 of the United States Constition. I'll try to get a letter together for the local court house by Monday.......Geeee what a bunch of deadbeats.
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andrew123s
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posted on March 30, 2002 11:28:46 PM new
I'm not a lawyer, and thesatelliteshop, you may be right (that the judgement is binding in North Carolina) but it seems that you might have to go to court in North Carolina and get the judgement entered there first before it becomes binding. Better yet, get it entered in California so it would be easier to get your money back directly from PayPal, since they reside in California. I might be wrong but it is just a suggestion.
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thesatelliteshop
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posted on April 1, 2002 10:50:47 PM new
The lawyer I have told me I'd have to have our court contact their court.....I think that's what he said. Well at any rate I'm trying to do this myself and cut the lawyer out of the take. He actually has a few more months before he passes his bar exam and can practice law. I'll try to do all of this later today God willing. I'll see what my local court house has to say. I'll keep you posted. Joe
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thesatelliteshop
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posted on April 3, 2002 08:43:20 AM new
Ok.... I guess I have to file to have the judgement transfered to the North Carolina Court. I called the courthouse and the girl wasn't too helpful. It seemed like she was scared of being too helpful because she may have wanted one of her lawyer buddies to get alot of money for doing nothing. It doesn't matter. It's just another interesting chapter in my upcoming book titled "How To Sue Paypal and Collect Judgemet". Any lawyers out there?
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maryh322
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posted on April 9, 2002 06:51:54 PM new
HI,
BUYERS AND SELLERS BEWARE OF PAYPAL!!!!!
THE ONLY PEOPLE THAT ARE PROTECTED BY PAYPAL'S SAFE BIDDING IS PAYPAL. THEY LOCKED MY ACCOUNT AFTER ME PROVING THAT THE BUYERS CHARGEBACK HAD NOTHING TO DO WITH MY TRANSACTION BUT SOMEONE ELSES. PAYPAL HAS TOTALLY SCREWED ME AS A SELLER. THEY HAVE DENIED ME ANY RIGHT TO APPEAL. THAT IS OK PAYPAL WE WILL TAKE THE DECISION OUT OF YOUR HANDS AND PUT IT INTO A THIRD PARTY. YOU SCREWED THE WRONG ONE HERE PAYPAL. I WILL GET THE WORD OUT. ENOUGH IS ENOUGH....I CAN'T BELIEVE HOW ARROGANT THEY ARE..MY EMAIL ADDRESS IS [email protected] FEEL FREE TO CONTACT ME WITH YOUR COMPLAINTS WE CAN JOIN THE OTHER GROUPS OF PEOPLE GOING THROUGH THE LEGAL SYSTEM FOR JUSTICE.
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paypaldamon
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posted on April 9, 2002 07:00:37 PM new
Hi maryh322,
I am checking with our appeals team on your issue. It does appear that the chargeback liability was paid, so I don't foresee an issue in getting the account back up. I will let you know what I get back from the appeals team.
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classics
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posted on April 11, 2002 12:01:42 AM new
Barberton Ohio... Born and raised there.
Glad to see you giving PayPal hell, good luck.
Go Magics =)
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