Newspaper delivery

[jprauseo]

Outcome

I lost the case in front of a court magistrate. The news paper carrier claimed that she was never notified by the paper that I was no longer a pre-paid customer. She stated that it was a computer error because they were changing systems over. She also stated that when she called to inquire about the account, the newspaper told her my pre-paid service ended 14 months ago.

She lied in Court.

The newspaper company does not keep records for longer than a year. When I called, they told me that I was not a customer for at least a year because they only do not keep records for more than a year and there was no way to find out my previous history.

So the only way she knew that I had not paid for 14 months was if she was keeping track.

She also stated that she had not received any money from the newspaper for non-payment. (Not True) When I called the newspaper, after our court date, The people at the newspaper told me that when a carrier stops the paper for non-payment they ask how long they were not paid. They then issue a check right then for up to 2 weeks of non-payment.

I also called the head of distribution and home delivery at the newspaper. He told me that at no time in the previous 4 years, was there a computer change. He also said that if there was some mistake on the newspaper part, which has never happened, they would reimburse the carrier. This was not the case.

I am going to appeal the decision for a few reasons but the main one is that she lied in court.

Can I claim that she lied in court or just present evidence that what she had stated on the original court date was not the truth

 

[You Are Guilty]

As I see it, your problems are two fold:

1) The time to present evidence of her lying was DURING the hearing. (When she lied about the various issues, what happened when you introduced your documentation showing she was lying?)

2) And while evidentiary procedures may be more lax, what happened when you objected to all the hearsay "evidence" the carrier was introducing?

If you can get a trial de novo (instead of an appeal), that would be your best bet.

 

[jprauseo]

reply

It was a tough situation, it seemed like the magistrate was looking at me like I was a dirt bag for not paying.

I tried to defend myself against the false statements from the plaintiff, but every time I explained my side of the story another lie came out. I was not fully prepared for the lies. Some of the false statements were realized on my way home, which is why I did some follow up with the newspaper company. I now have more documents to support the fact that the plaintiff was not being truthful to gain an advantage in court.

She also kept saying in court that “I thought he was good for it” meaning that she kept delivering the paper knowing I had not paid but figured I would pay what ever she wanted.

If I lose my appeal, can I start delivering “Good House Keeping” magazine to the plaintiffs house and then try to collect for it a year later. It would only seem fair

 

[NeverWrong]

AOG is a flackengayslacken

Seeing as AOG agrees that poster owes the money, it would follow that he/she would lose in court, and thereby likely suffer embarassment.

The rules of use in this forum state in part that: ''You agree that you will NOT use the FreeAdvice Forum to post any knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, or threatening message...''

AOG's submission that I am some sort of ignorant troll could be considered a violation of the rules of use. Mercifully I don't get thrills from tattle-telling on blogs. Hey Pot, it's me, the Kettle, you're black!

I agree with dll99 AOG seems like a tattle-tale