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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99417
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I worked for Nat City Mortgage in IL as a loan officer. Was

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I worked for Nat City Mortgage in IL as a loan officer. Was terminated in 4/09. $14k commission was due me at that time on a closed deal. Nat City to date has refused to pay stating that no loan number or disclosures were ever issued. (Old asst was managing this. She, by the way, was the reason for the termination.) What avenues do i have to pursue to get my $?
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

You need to litigate, or threaten to litigate. Thing is, it can be proven that it was your commission irregardless of whether or not a minor detail was left out.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).

You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.

It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: negligence, breach of contract, assumpsit, quantum meruit, and fraud.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.

If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.

In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.

Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

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