Exit company not performing

[Patri]

It really depends on the exit companies contract with the client. Officers of the corporation can file a claim in small claims court. Many contracts have wording in their contract that allows them a charging lien on real property for services rendered so they can just attach a lien on the real estate and wait. The amount owed occurs an interest rate at the highest amount the jurisdiction allows if not stated in the contract.

Bill

Do you think they would fuss about $1,000?

 

[WorldT]

It really depends on the exit companies contract with the client. Officers of the corporation can file a claim in small claims court. Many contracts have wording in their contract that allows them a charging lien on real property for services rendered so they can just attach a lien on the real estate and wait. The amount owed occurs an interest rate at the highest amount the jurisdiction allows if not stated in the contract.

Bill

"Officers of the corporation can file a claim in a small claims court". Yes they can, but will they? Goes back to my earlier statement. These guys exist based on people not knowing what they really do and how they operate. Suing a client will place them in a situation that will bring them into a court room and create opportunities for discovery. I have not seen an exit company stupid enough to do that. In fact, I would welcome them to try.

 

[easyrider]

Do you think they would fuss about $1,000?

Idk. If they went after 1000 people for $1000 they would have a million dollars. That is hard to ignore, imo.

I haven't seen a timeshare exit companies contract and no one has spilled the beans here about their experiences with the exit companies. I can't imagine that everyone has a bad experience other than paying for something they could likely do themselves.

Bill

 

[easyrider]

"Officers of the corporation can file a claim in a small claims court". Yes they can, but will they? Goes back to my earlier statement. This guys operate based on people not knowing what they really do and how they operate. Suing a client will place them in a situation that will bring them into a court room and create opportunities for discovery. I have not seen an exit company stupid enough to do that. In fact, I would welcome them to try.

The scenario is the defendant signed a contract and hasn't paid. The plaintiff often wins because they have a signed contract. The defendant would have to provide evidence of fraud or a mistake by the plaintiff to breach the contract. Because the plaintiff freely entered the agreement it could be difficult for a judge to rule outside of the terms of the contract, imo.
The legal term is sanctity of contract.

Bill

 

[TolmiePeak]

Idk. If they went after 1000 people for $1000 they would have a million dollars. That is hard to ignore, imo.

I haven't seen a timeshare exit companies contract and no one has spilled the beans here about their experiences with the exit companies. I can't imagine that everyone has a bad experience other than paying for something they could likely do themselves.

Bill

Getting a judgement for $1000 is far different than collecting $1000.

 

[vacationtime1]

The legal defense is failure of consideration -- that the service provided by the exit company is valueless. But that is not the point.

The exit company will not pursue the $1,000. They are in the business of signing up uneducated owners for $4,000 each, and they spend their time pursuing these prospects (using postcards and rubber chicken dinners) rather than filing collection matters. The risk/reward of any collection matter is far less favorable.

 

[easyrider]

Getting a judgement for $1000 is far different than collecting $1000.

Maybe for a regular Joe but it's not as difficult as you might think for an attorney. After getting the judgement the attorney can file a lien on the defendants property, garnish wages or go after bank accounts if the defendant doesn't pay. It would be far easier for the defendant to not become a defendant and make arrangements to settle their account and just be done with it regarding an exit company, imo.

An attorney can place a lien on a nonpaying clients property without a judgement based on the provisions in their contract. They only need a judgement to enforce the lien. They don't have to notify the client because the notification is in the contract. In this scenario, an older person uses an exit company and decides for whatever reason that they are not going to pay. In their contract is a line stating that the attorney can use a lien. Years go by and the client passes away. The clients estate now has to deal with the lien amount, interest and other costs.

If the exit company is dirty enough to be an exit company that hasn't been paid, they are probably dirty enough to do anything.

Bill

 

[easyrider]

The legal defense is failure of consideration -- that the service provided by the exit company is valueless. But that is not the point.

The exit company will not pursue the $1,000. They are in the business of signing up uneducated owners for $4,000 each, and they spend their time pursuing these prospects (using postcards and rubber chicken dinners) rather than filing collection matters. The risk/reward of any collection matter is far less favorable.

Depending on verbiage it may be easy to pursue $1000. Do it enough times and it adds up.

Bill

 

[davidvel]

Bill & AI*, Attorneys at Law are at it again. Utter rubbish, nothing more.

*AI= Artificial Intelligence, aka lack of it.

 

[TolmiePeak]

Maybe for a regular Joe but it's not as difficult as you might think for an attorney. After getting the judgement the attorney can file a lien on the defendants property, garnish wages or go after bank accounts if the defendant doesn't pay. It would be far easier for the defendant to not become a defendant and make arrangements to settle their account and just be done with it regarding an exit company, imo.

An attorney can place a lien on a nonpaying clients property without a judgement based on the provisions in their contract. They only need a judgement to enforce the lien. They don't have to notify the client because the notification is in the contract. In this scenario, an older person uses an exit company and decides for whatever reason that they are not going to pay. In their contract is a line stating that the attorney can use a lien. Years go by and the client passes away. The clients estate now has to deal with the lien amount, interest and other costs.

If the exit company is dirty enough to be an exit company that hasn't been paid, they are probably dirty enough to do anything.

Bill

And how much would that cost them? These companies are only interested in making money. Not making a point.

 

[RX8]

“Exit company not performing”

And that is just about the full business plan of exit companies.

 

[easyrider]

And how much would that cost them? These companies are only interested in making money. Not making a point.

The cost was about $15 to record a lien on a non-paying homeowner for dues. In Washington there is no minimum lien amount. For us a lien was considered after at least three attempts to collect.

Bill

 

[easyrider]

Bill & AI*, Attorneys at Law are at it again. Utter rubbish, nothing more.

*AI= Artificial Intelligence, aka lack of it.

You have a way with words that demonstrates a fundamental thought process dysfunction. A low rate bad mouther, imo.

Bill

 

[davidvel]

You have a way with words that demonstrates a fundamental thought process dysfunction. A low rate bad mouther, imo.

Bill

Point proven counselor.

 

[easyrider]

Point proven counselor.

Hows the weather ?

Bill

 

[andre10056]

To the OP: from what I recall, you said you still "owe" $1000 out of $4000 that you agreed to pay the exit company. What did your contract, assuming it was written, say? Did the exit company promise to use its best efforts in arranging for your exit of the timeshare...but there are no guarantees", etc.

Or did they say that they "would" arrange for your exit?

If the former, I would let them know that you don't know if they did ANYTHING in allegedly exercising their "best efforts". Ask them for a detailed list of everything they did including all correspondence, etc. And what were the timeshare entity's responses?

I should think that, if they're THEORETICALLY going to contend that YOU breached the contract, they better be able to show you that THEY didn't breach the contract via not doing a da_n thing.

Because we sure as heck know that the exit company didn't succeed in arranging for your exit.

 

[andre10056]

The cost was about $15 to record a lien on a non-paying homeowner for dues. In Washington there is no minimum lien amount. For us a lien was considered after at least three attempts to collect.

Bill

I don't know if you served on an HOA board but it may be the case in light of what you said above. If so, I've got questions.

In Washington, can an HOA go after a timeshare owner by filing suit where the timeshare is or does it have to file suit where the timeshare owner lives? I understand that varies jurisdiction to jurisdiction so I wonder what the case might be in Washington.

A timeshare exit company, on the other hand, as it's "just" a personal service contract, I would think the suit will have to be filed in the home courthouse of the timeshare owner.

Did you ever sue a timeshare owner for non-payment of either MFs or a mortgage and, if successful, did you proceed to collection on that judgment?

 

[DrQ]

The cost was about $15 to record a lien on a non-paying homeowner for dues. In Washington there is no minimum lien amount. For us a lien was considered after at least three attempts to collect.

Bill

And the the OP's home was offer as collateral ,,, when?

An HOA can place a lien on a property because the homeowner has signed a covenant at purchase which allows it. A repairman can submit a mechanic's lien against your property because you authorize it when you authorize the repair. A mortgage company can place a lien a property in which they hold an interest because it is in the contract.

All OTHER creditor's must prove that a debt exists in court to obtain a judgment.

If a creditor filed a property lien against me without a contract or judgment, (and they have assets) my wrath would be great.

 

[andre10056]

And the the OP's home was offer as collateral ,,, when?

An HOA can place a lien on a property because the homeowner has signed a covenant at purchase which allows it. A repairman can submit a mechanic's lien against your property because you authorize it when you authorize the repair. A mortgage company can place a lien a property in which they hold an interest because it is in the contract.

All OTHER creditor's must prove that a debt exists in court to obtain a judgment.

If a creditor filed a property lien against me without a contract or judgment, (and they have assets) my wrath would be great.

What about a utility company?

 

[pedro47]

Asked this exit company for some written documentation for what they have been doing in your behalf to return your timeshare to the developer or sell your timeshare ?

I bet you, they will not reply. Why, because they are scammers.

I hope you paid these scammers with a credit card. Maybe, you can file a written complaint with your credit card company against this exit company for not for filing their contract. Good Luck.

 

[DrQ]

What about a utility company?

MY utilities will shut off service and force reconnection fees with hefty deposits to restore service. Properties without water/electricity imperil the Certificate of Occupancy with the city and opens the possibility of condemnation and eviction. That is a BIGGER stick than a lien.

They can probably file a mechanic's lien as mentioned before.

 

[easyrider]

And the the OP's home was offer as collateral ,,, when?

An HOA can place a lien on a property because the homeowner has signed a covenant at purchase which allows it. A repairman can submit a mechanic's lien against your property because you authorize it when you authorize the repair. A mortgage company can place a lien a property in which they hold an interest because it is in the contract.

All OTHER creditor's must prove that a debt exists in court to obtain a judgment.

If a creditor filed a property lien against me without a contract or judgment, (and they have assets) my wrath would be great.

An attorney can include verbiage in a retainer agreement that creates a lien against a client’s property for unpaid legal fees.

Bill

 

[easyrider]

Asked this exit company for some written documentation for what they have been doing in your behalf to return your timeshare to the developer or sell your timeshare ?

I bet you, they will not reply. Why, because they are scammers.

I hope you paid these scammers with a credit card. Maybe, you can file a written complaint with your credit card company against this exit company for not for filing their contract. Good Luck.

The companies that offer timeshare exit probably cover all of their bases. They know their game very well and the person using these companies haven't a clue or they wouldn't be signing up. These companies do get sued and are ordered to pay restitution but they are set up to go bankrupt before paying restitution and often do. Then they probably start over. It's a scam of the highest level for the most part.

Bill

 

[TUGBrian]

why would an owner care about a lein on a timeshare they dont want, cant sell, and cant give back?

 

[WorldT]

why would an owner care about a lein on a timeshare they dont want, cant sell, and cant give back?

The lien will be on your personal property not the timeshare. Technically, it can be placed for failure to satisfy a debt. In Texas, at least for your homestead, they have to go through a court. That is why you are safe because no timeshare exit company, or the principals and lawyers associated with them will be stupid enough to sue you in court for their scam.