Spare A minute Lars? IAAL? Anyone?

[Pepper]

I posted a question about suing someone in small claims - please i need help - so as not to repeat myself again please read my situation posted on 4/10, 4/11 and 4/14 - please please please help!!!!! Need help on how to say, what to say, how to defend myself to the judge on the injustice these guys have done to me! My court date is set on May 9th.

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer to you is mere information not to be construed as forming an attorney-client relationship.

If you break down all the lies and deceit and bad blood between you and the seller, this is what it comes down to:

1. you ordered a product and prepaid
2. you did not get the product.
3. no matter if they produce the product, you can get all of your money back but you must give back the machine.
4. if you can show they intentionally misled you, misrepresented the price (overcharge is substantial) and did all of these harassing things to you, the small claims court judge may award you some damages for that, but I believe you have to actually plead this in your papers. I think you can amend your claim, as well.

Read (or re-read) the SMALL CLAIMS main heading at Freeadvice.com and go from there.

Hope this helps.
P.s. I may not be Lars or IAAL, but I am a law graduate : - )

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:

P.s. I may not be Lars or IAAL, but I am a law graduate : - )[/B]<HR></BLOCKQUOTE>


My response:

And what are we? Potted plants?

Just playing with you, Lawrat.

IAAL



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[Pepper]

Thank you, thank you very much for your reply Lawrat! This incident is making all my black hair turn to gray and I am not even fifty yet let alone forty five - anyway I do not have the machine - never got the machine at all. So by the look of it I do have a good chance of winning this case right? Can the judge make me take the machine for what I paid for even if I don't want it - I really don't want it not from these people anyway - to think if the judge force me to take the machine everytime I use it I will have very bitter memories about it - not that I won't when I buy a new machine elsewhere. Besides the machine they are asking me to take looks like a used one it was opened and taped over, so I never even touched it - this machine mysteriously appeared when I wanted my money back. My other question is I was told by some people that even though the judge rules in favor of me the defandant can take their sweet time paying me - how do I battle this then?

 

[lawrat]

Hi Pepper,

Here is my reply to your question about collecting judgment. As always, remember my disclaimer, this is JUST info I am giving, and that is all.

Freeadvice.com, under Small Claims, has an excellent section on collecting judgments and how to do it. Because what you are seeking is essentially minimal in amount, compared to huge corporate smoking lawsuits, if they do wind up taking their sweet time, guess what? You get to take them back to court for violating the court ordered judgment, and guess what, court may tack on interest or what they feel is "equitable in the eyes of justice".

Read and enjoy.