paid cash for defective speakers, will not return $$

[connor420]

What is the name of your state? CALIFORNIA

Not sure out there who can help me...

I recently purchased 2 used 10" speakers from a local car audio company. They told me and reassured me that they worked and I had nothing to worry about, they had tested them. I signed a receipt which in small print says no warranty. So legally I don't think I have a leg to stand on, but as far as I am concerned these guys ripped me off, plain and simple. My friends have been ripped off by these same guys. Anyway, now it is not about the money, I would like to picket the store. I have already made flyers to post on street corners explaining exactly what happened and what to expect from this establishment. When I told the owner of the store of my intent should by money not be returned, he threatned me with a defamation of character lawsuit. So my question- How can I picket legally? Can my signs not say anything too specific? Must I stay on city property? (There is a sidewalk close to the store that I would like to use) If post those flyers and picket, does he have a leg to stand on if he takes me to court? Any help would be greatly appreciated!!!

 

[I AM ALWAYS LIABLE]

What is the name of your state? CALIFORNIA

Not sure out there who can help me...

I recently purchased 2 used 10" speakers from a local car audio company. They told me and reassured me that they worked and I had nothing to worry about, they had tested them. I signed a receipt which in small print says no warranty. So legally I don't think I have a leg to stand on, but as far as I am concerned these guys ripped me off, plain and simple. My friends have been ripped off by these same guys. Anyway, now it is not about the money, I would like to picket the store. I have already made flyers to post on street corners explaining exactly what happened and what to expect from this establishment. When I told the owner of the store of my intent should by money not be returned, he threatned me with a defamation of character lawsuit. So my question- How can I picket legally? Can my signs not say anything too specific? Must I stay on city property? (There is a sidewalk close to the store that I would like to use) If post those flyers and picket, does he have a leg to stand on if he takes me to court? Any help would be greatly appreciated!!!

My response:

Oh, please. Stop with the picketing and flyers already!

You don't need to waste your time on something silly. Here's what you do - -

You file your lawsuit in Small Claims court. I don't care what his receipt said because you're covered under the "Uniform Commercial Code" for the transaction. The code specifically states that items purchased in the course of business must perform as they were intended and meant to perform. If they don't, you're entitled to your money back.

So, "waste" his time by making him appear in court, wasting half a day from his business. And, on top of that, you'll win a judgment against him.

How's that for getting your "pound of flesh"?

IAAL

 

[connor420]

Does that apply even if the product was used?

I'm thinking that in court they may say that they did not imply that they worked. It will be my word against his...Any opinions? This guy literally PUSHED me out of his store he was so irate...

 

[I AM ALWAYS LIABLE]

Re: Does that apply even if the product was used?

I'm thinking that in court they may say that they did not imply that they worked. It will be my word against his...Any opinions? This guy literally PUSHED me out of his store he was so irate...

My response:

Presume that I am an educated person. Further, you may presume that I know how to read the English language, and read that you mentioned the speakers were "used". You may still further presume that if the status of "used" made a difference, I would have commented upon that fact.

Go file the complaint in Small Claims court, and have a friend over the age of 18 serve him.

IAAL

 

[connor420]

Thanks for the help...

As promised, greatly appreciated!!! I will file ASAP...This guy needs to feel a little pain.

 

[connor420]

What if I still want to picket??

May seem "silly" to you, but this guy ripped of not only me and my friends too. I want to spread the word as much as possible, and make this guy see me in front of his store making him lose customers.... I don't seem to sound vindictive, but when I searched the name of the stereo shop on google, there was a site that depicted them as the rip-off artists that they are. This is a dishonest businessman who will go to court, be forced to give me my money back, and then continue to defraud more customers. Any chance I can get you to tell me what my rights are to picket even though you may not agree that it is what I should do?

 

[I AM ALWAYS LIABLE]

Re: What if I still want to picket??

May seem "silly" to you, but this guy ripped of not only me and my friends too. I want to spread the word as much as possible, and make this guy see me in front of his store making him lose customers.... I don't seem to sound vindictive, but when I searched the name of the stereo shop on google, there was a site that depicted them as the rip-off artists that they are. This is a dishonest businessman who will go to court, be forced to give me my money back, and then continue to defraud more customers. Any chance I can get you to tell me what my rights are to picket even though you may not agree that it is what I should do?

My response:

Fine, if you insist . . .

You have a First Amendment right to your freedom of speech. That means that you can picket with a sign, on the sidewalk, outside of his business. You can also warn people not to buy from him as they enter. You shall not block people from entering or exiting the store.

Do not ask me what you should write on your picket sign.

IAAL

 

[hexeliebe]

I have an idea what to write on the sign:

THE WORLD WILL END TONIGHT AT 5 P.M.

(because I'm too dumb to sue this guy)

 

[connor420]

OK...

Can I hand out flyers explaining my plight to people who walk up to me and ask questions?

 

[I AM ALWAYS LIABLE]

Re: OK...

Can I hand out flyers explaining my plight to people who walk up to me and ask questions?

My response:

Conner, have you even HEARD of the the United States Constitution, and it's First Amendment?

Look for it on the Internet, and then you come back here and tell me what you think it means.

IAAL

 

[hexeliebe]

Listen, you can do anything you want, as you've already been told. But do you really think handing out flyers, walking a protest line with a silly sign or anything else except suing this guy in small claims court is going to accomplish anything positive except to make you feel better?

Ya, sure, that will last about as long as a good bowel movement.

 

[I AM ALWAYS LIABLE]

Ya, sure, that will last about as long as a good bowel movement.

======================================

My response:

That was funny! I love it!

Can you imagine if everyone did as Conner wants to do, the sidewalks of America would be filled with picketing dissatisfied customers.

IAAL

 

[connor420]

First Amendment...

OK...I have heard of it, but I did re-read it just because you asked. From what I gather, I can protest, hand out fliers etc, without worrying about getting harrased by the cops. The reasoning behind my questions is because I am admittedly law "illiterate", and have no higher education to help base my decisions upon. For this reason, I very am very greatful for you help.

So what I am worried about is he could feasibly file a fradulent lawsuit just to drag me into court, and make me pay for a high-priced lawyer. Do you think that is something he might do, or is it something so black-and-white in my favor that his lawyer wouldn't advise him to do so?

 

[connor420]

If everyone

did like I did, we could easliy put schiesters like this out of business. Wouldn't that be grand???

 

[hexeliebe]

Remember Peter Pan? He eventually had to grow up too.

This is the real world conner. Sorry, but people like this just laugh at protesters. Because they know that unless you have thousands of people on that sidewalk it doesn't mean a thing.

Get your butt into court as suggested. Then, if you win and you really want to piss this guy off, go buy speakers from his competition, put them in your car, hook them up and park in front of his store and play Polkas all day.

And keep feeding the meter.