Angry_Games Posted August 30, 2007 Posted August 30, 2007 Dont even send a letter of intent.... you kinda give them the heads up of your intentions... you want to let them know you DO plan to pursue the matter...But DONT explain the details...it only gives them time to higher a bigger lawyer than yours to just stall and play the waiting game... I dont know if I metioned this or others have...always do a contract and make sure in the contract in your fine writing it does state..."Buyer is responsible for ALL legal fees associated with collecting any debt and any (if applicable) fees neccesary in pusuing collection on said debt".... your whole intent to take them to court is to catch them unaware... Thats like playing a video game with us but first telling us all your moves and still expecting to beat us....just aint going to freaking happen boss... we'll all know your weakness...see what I am saying....nix the letter with the intent part... Just put you're tired of getting the run around and are ready to escalate this to the next level if payment isnt recieved in 24/48 hours then file suit... Sure you may have to fork over some money but if you are 100% to win you can add that cost as well as interest for waiting and also ask for wage garnishment...that will make them think twice...ha ha... Also small claims isnt always a fix...just because the judgment is in your favor doesnt mean they will pay... you can't have a lawyer in small claims court...that's the law in Idaho. You can talk to one before and after, but a lawyer is not allowed to be present in court with you (I've spent the last couple of weeks reading all the Idaho law/codes on how to conduct a small claims court claim, as well as reading up on how to pursue interstate claims since small claims in Idaho has to be in the county of the defendant, and one defendant lives in Santa Clara County, CA (San Jose area), which is expensive travel so I was told that by promising to pay and then not paying showed enough intent to get a state's attorney (from the state's attorney general's office) to possibly file criminal charges, with Interstate Fraud being just one of the possible options). Small claims judgments for the plaintiffs gives defendants 30 days to pay. If defendants fail to pay within 30 days, the state will assist in garnishing of wages, liens, etc, which will take less than another 30 days. Sixty days maximum and it WILL be paid. No exceptions. Claims against defendants can be appealed but the chance is so minute that a judge would even hear a repealed case (and there's plenty of procedure involved in that to assure plaintiffs that win that it can't be forced up through the court system by continuous appeals as other civil and criminal cases can be) that it's insignificant at best. Small claims judgments in Idaho are generally as-is with less than a 1% chance of a defendant getting an appeal to be read by a judge, and of that, a less than 1% chance that the decision can be reversed. All of my invoices are contracts. My employment contract with them was a contract. Everything I do is legal. I'm not some retard who just rolled up and opened a kool-aid stand outside on the curb. I've been doing this for almost 10 years, with plenty of Orange and Seminole County Sheriff's Deputies assisting me in repossessing equipment and even arresting customers that knowing wrote bad checks for services/products from me. I've also spent all this time not only studying my options since I couldn't find a lawyer (more on that in a sec) figuring I would have to do this all by myself. Like overclocking, or building some watercooling, or modding a video card, one has to study to know what one is truly doing. Practice (study/research) makes perfect. By some funky luck (must be my lucky month or two), I finally did get in touch with an attorney played it straight with me. To keep from having to formally hire him or pay a fee for his service, he simply told me exactly what to say. It IS in your best interest to tell the other party EXACTLY what to do. On this you are incorrect dr_bowtie, and I have to agree with the bloodsuckers (attorneys). You always (in cases like this especially) come out up-front and let the other party know exactly what is going to happen. No blind-side pearl harbor stuff, that's for television and LA Law or Law & Order. A judge is going to review every bit of evidence. After 3 continuous months of informing these people they needed to make good on their promise to pay (and waiting another 6 months before that without saying a word), it is in your (my) best interest to inform them the final step will be taken. This allows me one last chance to convince them of my serious intent, as well as allows them to have their own legal counsel review the case that might be brought against their clients so they may get good, sound legal advice, which in this case, was "friggin' pay the man already". This final notice of intent to sue will also be reviewed by a judge (after he has reviewed all of the legally binding contracts agreed upon by all parties, which is enough for a slam dunk by itself), and if defendants still wish to see it brought before the court, damages and reasonable interest will definitely be favorable for the plaintiff (me!) as defendant(s) were given ample and repeated warnings. (that's about as much as I can remember of what was told to me lol) Thats like playing a video game with us but first telling us all your moves and still expecting to beat us....just aint going to freaking happen boss... not sure what reality ya live in but in the real world, life isn't like a video game. Especially when you have all the confidence (evidence) necessary to explain exactly what your actions and intents are...this isn't a video game boss, this is about proving your case before a judge with real and compelling evidence, something I have plenty of (an excess of you might say). But to put it back into the context of your words, it's like when your 9 year old nephew TELLS you he's going to whip you at Mortal Combat, and tells you EXACTLY which moves, blocks, and fatalities he's going to use against you, and then uses the EXACT moves, blocks and fatalities he just said he was going to use against you. I think you've watched too much tv lawyer stuff (most of us have, real law don't work the hollywood way, just like real bar fights, real cop shootouts and car chases, real war, etc are so far removed from reality that idiots who run out after a Jet Li movie thinking they can kung-fu each other, or redneck idiots who watch wrasslin' set up 'rings' in their back yards and jump off houses to double-arm bar DDT someone ends up in a tragedy that is horror unlike what was witnessed on the idiotbox/movie screen). It's ok, I had it all played out in my mind before and it went something a little like what you've said, but when you really get to dealing with courts and law and such, reality is much closer to what I've just described (as it was described to me by someone who went to law school and passed a bar exam and thankfully felt human enough for 30 minutes to give me this reality check which seems to have worked in my favor finally). so...now it's wait. 72 hours. I know I sound like a whiny classy lady about this whole affair but ., this is MY community (yours too, but you think of it as "my community" to yourselves like I do), so I thought out of the hundreds or thousands here, I might be able to find on who was related to some slimeball lawyer that might give me a hand, but alas, like 99.99999% of all lawyers, money is the driving object, hence my lack of resolving this with legal help until I found one that was still semi-human under all that...bull crap-vampirism. No offense to anyone related to or married to or that actually is an attorney...but they are all a bunch of xxxxing ambulance chasers who's greed surpasses that of anyone but politicians, who would argue a mofo to death simply to hear the sound of his own voice echoing back into the ear canal (we call that VERBAL MASTURBATION, something I myself am quite good at, but I do it without sinking my hollow fangs into your neck/wallet, and you don't NEED me like one sometimes NEEDS legal counsel). anyway, I'm off to enjoy banning someone (heh, someone always needs a good banning) and then...who knows what. Wait for my money (like a pimp waiting for his ho's) and maybe get cracking on these three reviews we got cooking... Share this post Link to post Share on other sites More sharing options...
Luc@z Posted August 31, 2007 Posted August 31, 2007 it only gives them time to higher a bigger lawyer than yours to just stall and play the waiting game... Given the amount owed (about $1400 split over 2 jobs, wasn't it?) it quickly becomes more in the other guy's interest to simply pay up rather than throw that money to a lawyer to try to crack what sounds like a pretty solid case. Whether or not it's advisable not to show your hand in a much larger lawsuit, I'd say in this case it makes sense to send a detailed letter of intent to show just how serious you are, and hopefully avoid the courtroom altogether, rather than making the vague "I'm going to sue you" threat. Share this post Link to post Share on other sites More sharing options...
dr_bowtie Posted August 31, 2007 Posted August 31, 2007 Dang man ....no need to bust my balls... What I was trying to explain is....Sometimes when you let people know of your intentions you give them the upper hand... When you deal with slime-ball-bastards that how they work... I was just using the video game thing as a comparison (even though life aint like video games...) here in this state you CANT have a lawyer present either...BUT you CAN subpoena everyone involved wether they live in the state or not... If they dont show it usually goes in your favor...I dont know if you can do that or not but would be cool if you could as then you could bring both parties before counsel if need be... Hopefully you dont get that far... Sometimes you have to look at it from the point of view from the non-payer...doesnt matter...some simply just wont pay... Share this post Link to post Share on other sites More sharing options...
Angry_Games Posted September 1, 2007 Posted September 1, 2007 hah didn't mean to bust your balls so viciously...I get really pissed when thinking about this bull crap so now that the scare is there, now they are acting like they aren't getting the emails that contain my physical address to ship me a check which is stupid since they keep replying to my emails threatening to take them to court...nice how selective they are about which emails they choose to read. But it doesn't matter. If the check ain't here by Tuesday when the mail comes, I'm headed to Boise to file the suit. The judge won't look too kindly on them answering all my emails except the ones that contain my address (which I've sent SIX times now). That's just another black mark against them. Maybe it will be better to sue them as I can definitely get interest and court costs paid for. if they won't pay after being ordered to pay, well, no big deal. I'll just take appropriate action and have wages garnished (another black mark on the defendant honestly, no skin off my back) Share this post Link to post Share on other sites More sharing options...
Jaysway Posted September 2, 2007 Posted September 2, 2007 As a legal consultant: I don’t know why you’re even wasting 5 min. of your time on this. You have no binding contract. First off you have to file it in Calif. Yes you would win because they are not going to waste there time on it and won’t even come to court. So you won now what? There no way to collect it without spending more money. If you turn it over to or sale it to a collection agency. There going to charge you 65% or more of what you got. So why bother. You might won’t to look at it this way If I was you I would be more worried that they seen this post and sued you for Definition of carator Act. For spreading this attack on him in public. Share this post Link to post Share on other sites More sharing options...
kitfit1 Posted September 2, 2007 Posted September 2, 2007 As a legal consultant: I don’t know why you’re even wasting 5 min. of your time on this. You have no binding contract. First off you have to file it in Calif. Yes you would win because they are not going to waste there time on it and won’t even come to court. So you won now what? There no way to collect it without spending more money. If you turn it over to or sale it to a collection agency. There going to charge you 65% or more of what you got. So why bother. You might won’t to look at it this way If I was you I would be more worried that they seen this post and sued you for Definition of carator Act. For spreading this attack on him in public. First post on this forum, and you come up with the above. The more cynical amongst us might look at "If I was you I would be more worried that they seen this post and sued you for Definition of carator Act. For spreading this attack on him in public." as a vailed threat. Of course i could be completely wrong, so care to expand ? Share this post Link to post Share on other sites More sharing options...
dr_bowtie Posted September 2, 2007 Posted September 2, 2007 A Legal consultant .... that cant spell correctly....who'da thunk it... And besides the Correct term is "Defamation of character" google it... Can only be used if you are telling a lie on the person of which he is not...they didnt pay and he is saying so... no harm there... It would be more of a liable thing than anything but then again still nothing illegal about his intent...comming straight from pro-bono representation... So really...why even bother to waste your very 1st post on something you're unsure about.. Share this post Link to post Share on other sites More sharing options...
General Septem Posted September 2, 2007 Posted September 2, 2007 As a legal consultant: I don’t know why you’re even wasting 5 min. of your time on this. You have no binding contract. First off you have to file it in Calif. Yes you would win because they are not going to waste there time on it and won’t even come to court. So you won now what? There no way to collect it without spending more money. If you turn it over to or sale it to a collection agency. There going to charge you 65% or more of what you got. So why bother. You might won’t to look at it this way If I was you I would be more worried that they seen this post and sued you for Definition of carator Act. For spreading this attack on him in public. Can I have your number? I've got legal troubles of my own, and I want to recommend you to the defendant. ...:tooth: Share this post Link to post Share on other sites More sharing options...
joel_jsn Posted September 2, 2007 Posted September 2, 2007 Now seriously. This is getting boring is kinda lame to ask for the help of a lawyer and then say bad things about them than come back again and ask for their help. And it isn't worth it. Your better off doing some review or something in the time you waste in this legal issues. I'm telling you after I read this thread I started to feel sorry for you. Not because of the money you lost cause that could happen to anyone. But for the way you humiliate yourself. Share this post Link to post Share on other sites More sharing options...
Angry_Games Posted September 2, 2007 Posted September 2, 2007 Now seriously. This is getting boring is kinda lame to ask for the help of a lawyer and then say bad things about them than come back again and ask for their help. And it isn't worth it. Your better off doing some review or something in the time you waste in this legal issues. I'm telling you after I read this thread I started to feel sorry for you. Not because of the money you lost cause that could happen to anyone. But for the way you humiliate yourself. sorta like the way you humiliated yourself a little earlier eh? as I told you then, why don't you find another forum to cry in? Take your legal consultant buddy Jaysway with you who obviously is not a legal consultant or #1 he'd be able to spell properly (lawyers and judges frown heavily upon such a thing) and #2 he'd actually know the law enough to know that what he posted was a waste of space and wouldn't have posted it. as for you, you still have no clue about much that I can see. I have the right to call out anyone I feel like it, and lawyers are definitely fair game. Are you my lawyer? Are you a lawyer? No? Then stfu and go find some other thread to troll in. As for what is and isn't worth it, jeez, I didn't realize I had to ask your permission oh might joel_jsn! Wow I am very sorry I didn't consult with you on this! Wow I had no idea this was a waste of time so maybe I'll listen to you and let you start running my affairs, I mean, you obviously know more than I do about my own life and my own affairs. And please, PLEASE accept my deepest apologies for embarrassing you by humiliating myself (?). I mean, we all don't want to make you uncomfortable, holy crap if I had known that, I would never have even opened this forum since it seems everything I do is an embarrassment to you, or offends you, etc. I mean, hey, you caught my lying in another thread right? The one where I said I didn't have electricity or internet (even though the joke was so obvious since I was posting at this forum from my house and my computer!). Yeah, you got me on that one too. I have to admit, your opinion of me means the world to me so I am going to, from this day forward, PM you everytime I'm about to post and get your approval because my heart nearly breaks in two when I find out that you are disappointed, embarrassed, whatever you feel about me that is not the love and acceptance that I crave, especially from you joel_jsn, you are my world and I can't live with the fact you might not be happy with my every move. jeez. I should have known we couldn't be BFF (best friends forever). I guess I just love too much. Share this post Link to post Share on other sites More sharing options...
joel_jsn Posted September 2, 2007 Posted September 2, 2007 What's up with that?You feel offended?Damn make sure you call your mommy. Or hell maybe a lawyer that you called names maybe he will protect you. And cut that gullible stuff cuz it isn't worth .. Hell if many of the members this forum has wasn't gullible you would had been broke as xxxx. All this bitchin' around stands to prove that your a classy lady. Blabbering around about how broke you are and then showing all you stuff and bragging. You outta decide what role you wanna play. Cuz you suck at both of them. It would be smarter if you really consider the advices before you run your mouth. If your so smart then why the xxxx do you need help?Your like that big wannabe independents that wanna show the world how they can live on their own and when they run out of cash they run back to mommy to kiss her butt. You know what I'm done with all the crap you . out your mouth and it isn't worth .. The only thing these forums are good for is that it has some smart and helpful members (except you, cause you are a piece of crap and all you do is classy lady all day and blame everyone else for things you just can't handle cuz your to stubborn to accept the truth that you don't worth a spit!). Share this post Link to post Share on other sites More sharing options...
Angry_Games Posted September 2, 2007 Posted September 2, 2007 owie lol maybe I SHOULD get my big bad lawyer to sue you now! too bad another mod gave ya a ban (I wouldn't have banned ya, this forum always needs a resident jerk to pick on besides myself, and you my friend, are a ripe banana) ah well, too bad. Now, with your permission, may I get back to MY thread that is about ME and not YOU? Why thank you joel_jsn. Very kind of you. owie #2 seems joel_jsn's ISP is over in Romania, same hostmask as AsAsIn8r...how strange (good detective work by the technodanvanman!) Share this post Link to post Share on other sites More sharing options...
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