[idunnoo]

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 bank—not 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

[JudyKayTee]

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?

[excon]

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

[idunnoo]

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!

[excon]

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.

[ScottGem]

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?

[idunnoo]

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.

[JudyKayTee]

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.

[idunnoo]

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 commission. 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.

[JudyKayTee]

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.

[excon]

Hello again, I:

So, this is a foreign bank, and you want to sue them in small claims court... It ain't going to happen.

Why don't you sue the car dealer? Why don't you tell us what you want to sue for?

excon

PS> (edited) In re-reading, I see that you contacted the "state" where this bank is located... So, it's NOT a foreign bank?? Why don't you tell us EVERYTHING??

PPS> IF it's NOT a foreign bank, they ARE registered in your state, and the website I sent you to IS appropriate.

PPPS> That would be UNLESS the bank is illegally operating in your state, in which case I'd call the FBI AND sue the dealer.

[idunnoo]

Am I allowed to say name of corporation/bank? Where would I find cert of incorporation. Looked on Deleware site--as I said state where bank is located said it is a NA bank so they don't have info. My state doesn't. All seems odd to me that such info in America would be so hard to find.

What to sue--well banking on if I get to legal they just call and settle versus pursue.

Here is scenario. I was totaled out on 1004. On 1008 ins called to settle on car. Bank would not provide payoff. Once they did via OCC the ins said they needed a guarantee of title form required by my state, Bank would not provide that---OCC stopped responding to me request for assistance. Had to have cousins husband who is a work comp atty call with Atty after his name(he did strictly as favor) and on 1104 new payoff and guarantee form were "gotten to ins company" Now before this say I am taking the bus as my car is in salvage lot, interest is accruing, I can't get a new car as I need the spread between payoff and ins settlement amount to put down on new car. So on Nov 4 thought we were done as ins gave bank their portion and a separate check for my portion.

Then I got to thinking on the 15th that I'd better call as payment was due--so see standing I was advised by bank "We got the payoff check o 11-12 but it takes us a month to process so you need to make nov's payment.

I have never heard anything so insane!! They have the car payoff and I am to make a payment. A) how would I get the payment back(as it would be overpayment) knowing this bank? B)Knowing them--i would be told same scenario in Dec and Jan etc. We haven't processed yet--make payment. C) If I didn't make payment as my people said then it would be computer generated to Credit Report and that would be hell.

So on 16th again the US Senator stepped in and apparently the payment is posted and I am done. I did go online and printed out my zero bal but still waiting for official 'letterhead" from OCC or Bank I am done.

I have never experienced such hell.

The insurance adjuster said he has done this for 15 years and never encountered such a difficult bank as well.

[Fr_Chuck]

You would need to call the bank and ask for the address of their legal department or the name and address of the person who accepts legal documents for them.

That is really easy, I used to serve papers all the time and would merely call up the company I was going to serve and ask them where to serve it.

But banks as of this last two years are getting more and more fees and tougher and tougher rules.

I would ask was there no rental car insurace with your coverage, to provide you a car while waiting on it to be finished ?

[idunnoo]

and excon--here is the email from the agency of the site you gave me. Like I said they referred me to state banking which was a no go. And they are still operating in the state as my neighbors mortgage was sold to them. But NA banks are only controlled by the Office Of Comptroller of Currency--no one else. All calls refer back to OCC. So I really get annoyed when people give "bar room" legal advice when they really are not in the know and haven't pursued the matter. I have atty involved so little extent as he did out of courtesy and US senators offices, and called state offices and banking commissions in my state and state where bank is located. Would you like the names of whom I spoke with? I have that--Call them and see if you can do better.

Here is the email from the agency that you said is "accurate" to contact. I x'd out name of bank.

"
RE: SECOND REQUEST!!!! I need the Registered Agent for xxxxxx BankThursday, November 12, 2009 9:49 AMFrom: "SOS CORPORATIONS" <[email protected]>To: "
We have a registered agent for the xxxxx Bank in Loup City but not for the other xxxxxs Banks that are file with the Secretary of StateYou might try checking with the State Department of BankingJody DebusSr. Filing Specialist Corporation DivisionNebraska Secretary of State's Office(402) 471-to [email protected]@nebraska.gov.-----Original

[excon]

So I really get annoyed when people give "bar room" legal advice when they really are not in the know and haven't pursued the matter.

Hello again,

YOU get annoyed?? You come into MY house, and ask ME a question, and when you don't like the answer, you tell ME to get lost? Where the hell do you think you are?

excon

[idunnoo]

FR_Chuck.

I called the banks Cororate Exec that my cousin(lawyer had) She was out--got another. Was transferred to main 800 number, they didn't know--transferred me to another dept--that dept didn't know.

Do I call and ask for legal dept?

They have bank, a mortgage division, and a auto finance division, I kept asking for regarding auto finance which person to send to or should I nix the auto finance and just do the bank in general I have heard that if you don't get it to the literally exact proper peron--it comes back. AllI did was get transferred all over to no where--I would have never imagined it would be so difficult. My work is tracking down the correct person and I have skills in that venue--to be honest this whole incident with the bank was my first defeat in life as I usually get to the bottom if things, whatever I need to get to the bottom of.

Also do can I sue in my state or do I have to sue in theirs? Or where they are incorporated? This is a Big player bank in the US.

I did not have rental coverage--used to have two cars---when one went--just never "got around" to adding rental.

[idunnoo]

excon--not a matter of not liking answer---first I didn't come to your house--second--like I said--done what you advised--if you can do better--again--I have every name I spoke with at every agency--go ahead---see if you can do better. So yes--it is annoying when people give bar room legal advice and have no idea what it right or wrong

[excon]

We have a registered agent for the xxxxx Bank in Loup City but not for the other xxxxxs Banks that are file with the Secretary of State

Hello again, I:

What's wrong with suing the agent in Loup City? They're only required to have one.

What other xxxx banks are you trying to look up?

This would be a lot easier if you'd just tell us the name of the bank. I don't know why you don't. They're not going to sue you... And, if they did, at least you'd find out where they are.

excon

[idunnoo]

There are many banks with the same name--the one in Loup City is a state bank. Most every state from my research as a bank with that name. We will use a bank here in my state for an example. The bank is First National Do a Google search and you will get many First National's around the country. Same with this bank--type in the name and there is the one National one. (they even have a Arena named after them if you watch sports. You know--most Arena "branding' is from pretty sizable corporations. Anyway type the name and you get that same name in most every state and those small ones are individual banks with Charters from the particular state they are in. The bank I am dealing with is a national association bank--only regulator for that is OCC.

This is from freeadvice.com
" Who regulates banks?

Banks are subject to regulation by 3 separate Federal agencies and/or state bank regulators.

Federal Agencies:

The Comptroller of the Currency charters "national banks"

The Federal Reserve Board, and

The Federal Deposit Insurance Corporation

State Regulators:

In each state there is a department of State Government – frequently called the Banking Commission or Department of Banking and Finance -- managed by an official called the Commissioner or Director or Superintendent of Banks that regulates "state chartered" banks."

So the one in loup city as same same but it is not the name with NA after it, hence different bank totally.

[excon]

Hello again, I:

You really aren't helping much... and I should go on about my day... However it being Thanksgiving and all...

You should start listening to me... IF the bank is incorporated, and you say they are, then they will be registered with your state. It doesn't matter that they have NA after their name.

I don't care about ALL those other regulators, either... The only one YOU'RE interested in, is the one that has the name of their registered agent, because that's the guy who you have to serve...

I'm also not talking about typing their name in Google. I'm talking about typing their name in the little box at the website I gave you. I'm not talking about emailing them, either.

I STILL don't know WHY you want to conceal their name, making this whole rigamarole a whole lot harder than it has to be... But who know's what goes with people?

Just for drill, I typed in Bank of America, and this is what I got:

BANC OF AMERICA COMMERCIAL FINANCE CORPORATION 1300063 Foreign Corp Active

There's a details button too, and when I pushed it, this is what was listed under registered agent:

C T CORPORATION SYSTEM
1024 K STREET
LINCOLN, NE 68508

Have you tried doing what I suggest? Or would you rather tell me I'm a bar room dude?

excon