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How to sue bank?

Asked Nov 18, 2009, 07:57 PM — 34 Answers
I am seeking how to sue, in small claims court in my state, a bank with NA (national association) after the name.

How do I get the subpoena delivered correctly? To whom? The Office of Comptroller of the Currency has no info on the banknot even their address. They only thing they have is it is under their osposis.

I heard to send to registered agent and there needs to be one in my state, however my state say they have no idea what I am talking about. And I got the loan from a car dealer while sitting in my state, and the car dealer is in my state. In addition my neighbors mortgage was sold to same organization. Why would my state not have who to send subpoena to? How do I find out who to send to?

The bank has no office/branches in my state

34 Answers
JudyKayTee's Avatar
JudyKayTee Posts: 46,152, Reputation: 23855
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#2

Nov 19, 2009, 08:15 AM
The venue in Small Claims Court is the residence/place of business of the Defendant. If you file out of State you would have to file where THEY are located, not where you are located, if the situation is as you have described.

I think you are somewhat confused about the paperwork. You would file in Small Claims Court which would prepare a Summons, not a Subpoena. A Subpoena is used AFTER the case is filed to obtain information.

What State are you in?
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excon's Avatar
excon Posts: 21,042, Reputation: 15510
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#3

Nov 25, 2009, 04:38 AM
Hello Idunno:

The agency who controls corporations in MY state is the Secretary of State. In my last one, it was called the Corporation Commission.. Whatever their name in YOUR state, they have the name of the registered agent.

You can probably look them up online.

excon
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idunnoo's Avatar
idunnoo Posts: 13, Reputation: -2
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#4

Nov 25, 2009, 06:03 AM
Judy I am in Nebraska. I don't know if I am to reply here--I emailied this site and THEY NEVER EMAILED ME BACK!
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excon's Avatar
excon Posts: 21,042, Reputation: 15510
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#5

Nov 25, 2009, 06:21 AM
Hello again, Idunno:

What am I, chopped liver?

Go here, and plug in the name of the corporation:

https://www.nebraska.gov/sos/corp/corpsearch.cgi

You're welcome.

excon

PS> (edited) Even if they have no offices or branches, if they do business in your state, they're registered with the state. That means they DO have a registered agent in your state. You should find out WHO that is by doing what the website I sent you to requests.
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ScottGem's Avatar
ScottGem Posts: 58,586, Reputation: 28385
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#6

Nov 25, 2009, 06:29 AM


Quote:
Originally Posted by idunnoo View Post
Judy I am in Nebraska. I don't know if I am to reply here--I emailied this site and THEY NEVER EMAILED ME BACK!
You e-mailed what site? You replied correctly to your thread by using the Answer This Question options. By default, you will be notified of any responses to this thread via the e-mail address you registered with. However, you may have turned this off. If you click on the My Profile link in the upper right, you can Edit the Profile and make sure notifications is checked properly.

What are you suing the bank over?
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idunnoo's Avatar
idunnoo Posts: 13, Reputation: -2
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#7

Nov 25, 2009, 06:48 AM
Scott--I didn't know if we could give names corporations on this site--i emailed whomever on this site or filled out the form-don't recall but no answer came back from the admistrators, that is not really good.
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JudyKayTee's Avatar
JudyKayTee Posts: 46,152, Reputation: 23855
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#8

Nov 25, 2009, 06:51 AM
Quote:
Originally Posted by idunnoo View Post
Scott--I didn't know if we could give names corporations on this site--i emailed whomever on this site or filled out the form-don't recall but no answer came back from the admistrators, that is not really good.

If you can't figure out how this site works there is no way you can sue anyone without an Attorney. I was already troubled by your not knowing the difference between a summons and subpoena.

I have no idea what form you are talking about and what administrators.

I don't even think you've been on the site long enough to be able to use the PM feature.

At any rate info is NOT taken off the legal boards into private conversations so anything you have to add MUST be posted and answered here.
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idunnoo's Avatar
idunnoo Posts: 13, Reputation: -2
New Member
 
#9

Nov 25, 2009, 06:53 AM
excon--just so you are aware. This is a bank that is a national association NA. The Office of Comptroller of Currency is only governing body and to be honest--they are kind of lame. I have had help from NE US senator--one wouldn't assist--one would. The have contacted the bank directly and the OCC. So to finalize--I just want whom to serve summons to. I have contacted the state where the bank is--they have no info--say go to the government power that be(occ) My state--worked with Atty General--Sec of State, and Banking comission. Secretary of state as no info and referred me to banking regulator--they have no info as NA banks are under OCC. So to get the info I have to apparently summons the OCC as Bank won't tell me whom to serve to. OCC doesn't have it--isn't that sad--they say to go through the process and they will contact bank--so bank will have heads up summons would be coming. But from my experience I bet the bank will not give and OUR GOVERNMENT which has been lame on all of this will support the big bank.
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JudyKayTee's Avatar
JudyKayTee Posts: 46,152, Reputation: 23855
Uber Member
 
#10

Nov 25, 2009, 06:55 AM
So you are saying there is no Certificate of Incorporation anywhere for this Bank?

What is the lawsuit over?

And if you are looking for information you serve a Subpoena, not a Summons.
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