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the PDL plot thickens...what???

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I have been lurking on this site for the past 6 weeks. THANK YOU for all of the useful information and for giving me the courage to fight!

On June 26, I sent a letter via USPS certified mail to a company called "Cash Zip" with a mailing address in Pierre, SD. They are an internet-based payday loan company. They are licensed to lend in SD, but I am in NM, and they are not licensed in my state. They are the d/b/a for M3 Internet Services in La Fayette, GA (hmmmm...)

The letter stated the amount they claimed I owe and what I have paid. It also covered revoking their right to debit my account, C&D, and wage assignment revocation. Most importantly, it outlined all of NM law pertaining to payday lending. I told them they were illegal, that I had paid what I owe, and that I was seeking a refund. I copied that letter to my AG and the NM Regulation and Licensing Dept. (Financial Institutions Div). (thanks to this forum, my letter turned out well, IMO).

So today I came home to a FedEx overnight envelope from a Mary Drummond with Corporation Service Company in Wilmington, DE. I thought, uh oh, they're suing me. Inside was a copy of my letter and all attachments (15 pages total) and there was a cover memo that said this:

Return of Service of Process

Date: 07/01/2008

Entity: CashZip

Title of Action: [me] vs. CashZip

Case number: Not shown

Service of process has been received from you on behalf of one of the defendants named in the above action.

The service of process received from you is being returned. We cannot receive this service as registered agent due to the reason(s) listed below:

Because two different companies can have very similar names, the name of the company for whom service is directed MUST BE IDENTICAL to the company name on file with the Secretary of State, or other appropriate state agency.

Our client records are confidential. We do not release information on our clients, agent representation, or service received. We suggest you contact the Secretary of State, or other appropriate agency, for more information.

HUH????? They thought that my letter was to sue them? Funny how this ILLEGAL PDL is in SD, a safe harbor state, and this Corporation Services Company is in DE, ANOTHER safe harbor state! Makes me think they know how illegal they are!! What do you all think? Should I send the letter to M3 Internet Services in GA?

Are you absolutely certain that you have the company name exactly correct? It sounds to me like they are just trying to use a technicality to say that you never properly notified them. Did you check the Secretary of State to see exactly what name the company is registered under?

Sub: #1 posted on Sat, 07/05/2008 - 00:14

alias1958 alias1958

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