Author Topic: Haven't been sued yet, but about to move.  (Read 1017 times)

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BellEbutton

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Re: Haven't been sued yet, but about to move.
« Reply #15 on: November 01, 2013 07:05:48 PM »
Become a Resident

It's easy to become a Washington State resident; simply take some action that proves you intend to live in the state on more than a temporary or transient basis.

The following are a few examples of actions you can take to become a resident of Washington:

    Obtain a Washington State driver license
    Register to vote
    Buy property and/or maintain a residence for personal use

http://access.wa.gov/topics/living/becomeresident

daryl1689

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Re: Haven't been sued yet, but about to move.
« Reply #16 on: November 01, 2013 07:10:55 PM »
Yes, it is the STP Group.  They have the look and feel of a scam, but I have never seen a CA this persistant.  They keep insisting that they aren't the creditor, but merely there to advise.  I advised them to take me to court if they wanted. 

maylaur

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Re: Haven't been sued yet, but about to move.
« Reply #17 on: November 01, 2013 07:15:29 PM »
Become a Resident

It's easy to become a Washington State resident; simply take some action that proves you intend to live in the state on more than a temporary or transient basis.

The following are a few examples of actions you can take to become a resident of Washington:

    Obtain a Washington State driver license
    Register to vote
    Buy property and/or maintain a residence for personal use

http://access.wa.gov/topics/living/becomeresident

Thank you, BellEbutton.

That is one of the sites I found, also, and there were several others that said the same thing.  Nothing says you must live there for a certain amount of time to establish residency of the state. 
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

kevinmanheim

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Re: Haven't been sued yet, but about to move.
« Reply #18 on: November 01, 2013 11:04:44 PM »
Yes, it is the STP Group.  They have the look and feel of a scam, but I have never seen a CA this persistant.  They keep insisting that they aren't the creditor, but merely there to advise.  I advised them to take me to court if they wanted.
They are persistent because they can sense you are afraid.

They aren't going to sue you.

Look them up on your state's corporation website. If they aren't listed to do business in your state, they can't sue you.

As far as I can tell, they don't exist as a company in any state.

I would plead with them to sue me. I would offer to pay their court filing fees.

maylaur

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Re: Haven't been sued yet, but about to move.
« Reply #19 on: November 02, 2013 12:10:46 AM »
Do you have a phone number for them?  If you do, have you googled it?
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

daryl1689

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Re: Haven't been sued yet, but about to move.
« Reply #20 on: November 02, 2013 01:10:06 AM »
Number is 877-769-3058

Flyingifr

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Re: Haven't been sued yet, but about to move.
« Reply #21 on: November 02, 2013 04:54:51 PM »
We are losing sight of the key issue here. The issue isn't when a new State's Courts obtain Personal Jurisdiction over a person, but when the old State's courts LOSE jurisdiction.

I would take the position that a State's Courts obtain personal jurisdiction over a person for debt issues (as opposed to civil torts like motor vehicle accidents) as soon as that person establishes residency in that State. My research about the "delayed jurisdiction" keeps going back to the issue of expired Statutes of Limitations. Arizona's law in that respect is typical:

Quote
12-507. Action against person removing to this state

No demand against a person who removes to this state, incurred prior to his removal, shall be barred by the statute of limitation until he has resided in this state one year, unless barred at the time of his removal to this state by the laws of the state or country from which he migrated.

Debts not barred by the new State's SOL or the old State's SOL remain subject to suit. THAT is the issue here.

So.... what does one have to do to establish legal residence? Let's look into that.

The only place in Arizona's laws that actually defines "Resident" is found in the Arizona Income Tax Law:

ARS 43-104:
Quote
19. "Resident" includes:

(a) Every individual who is in this state for other than a temporary or transitory purpose.

(b) Every individual who is domiciled in this state and who is outside the state for a temporary or transitory purpose. Any individual who is a resident of this state continues to be a resident even though temporarily absent from the state.

(c) Every individual who spends in the aggregate more than nine months of the taxable year within this state shall be presumed to be a resident. The presumption may be overcome by competent evidence that the individual is in the state for a temporary or transitory purpose.

(note: This is a public document of the State of Arizona)

So.... according to the Tax Law, "residence" rests on two principles:

1: Physical Presence and
2: Intention to Stay

When does "residency" begin? When both of those two tests are met. That happens the moment your stuff starts being off-loaded from the truck into your new home.

I realize this is a stretch because it does not directly relate to debt but it is informative on what Legislatures look for in determining whether a person is a "resident" of that State or not. The general principle is that it is easy to establish residency (States will gladly let you live there) and hard to break that residency (States try hard not to let you terminate residency). A great example of this principle is shown in Wisconsin's Nonresident Pub 122 instructions:

Quote
Domicile – Your domicile is the permanent legal home you intend to use for an indefinite or unlimited period, and to which, when absent, you intend to return. It is not always where you presently live. You can be physically present or residing in one state but maintain a domicile in another. "Domicile" is often referred to as "legal residence." You can have only one domicile at a time. Your domicile, once established, is never changed unless all three of the following occur or exist:
• You specifically intend to abandon your old domicile and take actions that show that intent
• You intend to acquire a new domicile and take actions that show that intent, and
• You are physically present in the new domicile.
Your domicile does not change if:
• You leave your state of domicile for a brief rest or vacation, or
• You leave your state of domicile to complete a particular transaction, perform a particular contract, or fulfill a particular engagement, but you intend to return to your state of domicile whether or not you complete the transaction, contract, or engagement.

Note: This is a public document of the State of Wisconsin

So, it all depends on your actions and intentions after you move.
 
Here is a link to an excellent essay on this topic: It deals with moving from California (a particularly aggressive State where it comes to not wanting to give up residents) to Nevada (a State that doesn't care): http://www.cbiz.com/page.asp?pid=9496

A quote from this article:

Quote
There is a rebuttable presumption that the taxpayer is a resident unless the individual can establish that he or she is outside of California for more than a temporary or transitory purpose.  An individual can generally rebut this presumption, if his or her close connections are outside of California.

For the executive to in fact be domiciled in and a resident of Nevada, he must show strong ties with Nevada.  He should spend the majority of his time in Nevada while spending minimal time in California; establish the Nevada residence as his principal residence by moving his spouse and children; obtain Nevada voter and driver’s registration; register his vehicles in Nevada; join civic and religious organizations in Nevada; and perform any other activities that will establish a close connection with Nevada.

The bottom line: To break residency you burn your bridges to your old State behind you and establish new bridges to your new State. It must be a complete break. And the more new bridges the better.

So... when does your old State lose jurisdiction over you? I would be able to argue that the old State loses jurisdiction when a new State gains it, otherwise a person becomes subject to two different (and possibly conflicting) laws simultaneously. Imagine if you will being subject to and not being subject to Community Property Laws at the same time.

Will the Courts recognize this: Probably.
« Last Edit: November 02, 2013 05:17:37 PM by Flyingifr »
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

maylaur

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Re: Haven't been sued yet, but about to move.
« Reply #22 on: November 02, 2013 05:18:27 PM »
Number is 877-769-3058

There is an STP Group Incorporated registered in NV, but I have found nothing that ties it to that particular phone number.  I also have not found anything that says what type of business they are; only that they are a business and are registered.

I can't say for sure that it is the same as the one calling you. 

Do you have any other information on them other than the phone number? 

Is that phone number from Caller ID or was it given to you by them?
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

Brunothe JDBKiller

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I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

maylaur

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Re: Haven't been sued yet, but about to move.
« Reply #24 on: November 02, 2013 05:42:34 PM »
http://800notes.com/Phone.aspx/1-877-769-3058

I was actually trying to find something more substantial/reliable than reports or complaints made by anyone with access to these sorts of sites.  Sometimes things are reported because the person found this sort of information on other sites like 800notes.  But that information may not be accurate. 

I'm not saying they CAN'T be accurate or that they aren't.  I'm just saying there is no way to verify what is claimed.
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

Brunothe JDBKiller

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Re: Haven't been sued yet, but about to move.
« Reply #25 on: November 02, 2013 05:48:22 PM »
It's hard to find reliable information about scam artists, they do not leave a trail. The BBB has received complaints, apparently they are in Texas, but mail comes back undeliverable from their many addresses.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

maylaur

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Re: Haven't been sued yet, but about to move.
« Reply #26 on: November 02, 2013 06:01:50 PM »
The TX Comptroller's taxable entity search shows an STP Group with a Bentonville, AR address (state of formation = AR), but not much else. 

AR entity search shows an STP Group with a fictitious name of SALES TAX DATALINK, a tax software company. 

daryl1689, did you try dialing that 877 number?
« Last Edit: November 02, 2013 06:13:19 PM by maylaur »
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

kevinmanheim

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Re: Haven't been sued yet, but about to move.
« Reply #27 on: November 02, 2013 06:39:44 PM »
The TX Comptroller's taxable entity search shows an STP Group with a Bentonville, AR address (state of formation = AR), but not much else. 
STP Group in Bentonville is a legitimate company that does back office work for other companies. They aren't debt collection scammers.

If you want to find out who is behind the calls, get yourself a $50 prepaid Visa card. When the scammers call, explain that you only have $40 in your bank account today, and you are willing to make payment of $40.

When the charge processes, you will have a lead to follow. Open a dispute, charge it back and then use the merchant account information to serve a summons on the scammers.

I did this a while ago. The guy behind the scam actually tried to fight the chargeback -- which made it even more fun.
« Last Edit: November 02, 2013 06:55:34 PM by kevinmanheim »

maylaur

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Re: Haven't been sued yet, but about to move.
« Reply #28 on: November 02, 2013 07:18:50 PM »
I should have explained in my other post.  I am not trying to say these companies have anything to do with the STP Group trying to scam people.  Just showing what information I can find on the name.  Nothing is pointing to them being the same STP as the one our OP is getting threatened by. 

They may not even actually be called STP Group, but just using that name to throw people off when trying to search for them. 

This is one of the reasons I asked if the OP had tried calling the number he posted.  I'm curious if the number was even legit, or if it is - who he was connected to when/if he dialed it.
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

Brunothe JDBKiller

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Re: Haven't been sued yet, but about to move.
« Reply #29 on: November 02, 2013 09:04:31 PM »
The number he posted is connected to this Texas company. Scammers. Ignore and get on to something else. They'll never sue him.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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