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I need to sue someone soon.

Discussion in 'General Nonsense' started by Binge, Mar 3, 2009.

  1. TheMailMan78

    TheMailMan78 Big Member

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    I know something about this kind of thing Binge. You can get your money back or get your dignity back but you cant have both. Iv never been able to anyway:laugh:

    Wrong way: My suggestion would be catch him in the bathroom (lockable door) of a public place and punch him in the stomach and sides. Stay away from head and neck shots. No face trauma means no assault. Also make sure there is no witnesses also. Your word against his means you walk away. FYI I do not condone this but I saw it in a cartoon once :laugh:

    Right way: You can do the right thing and take him to court or wait it out and let karma get him. If he has a job you could always show up at his place of employment. People tend to treat you different when their boss is watching. Hell make a scene! Its fun trust me. ;)
     
    Binge says thanks.
  2. pepsi71ocean New Member

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    TheMailMan78 has brought up a good point. That's how we did it back in high school. lol. If the kid wouldn't go good on his gambling debts the big boss gamblers would get their muscle men to track him down and give him a swirly<- usually the case, lol, or depending on how much he owed we might might jump to the jumping from behind, kick the knee out from behind so he falls down on the floor etic, lol. believe it or now cards and dice rolling are really big now in school, even though technically they illegal.

    However i don't recommend this at all for more then one reason none the less since its a small town. I would agree just spread the word that he is a welcher (a welcher is someone who doesn'tpay bad or doesn't want to pay back their debts). There is only so much you can do legally to intimidate him, but just remember this country is screwed up legally, if you pressure him to much he can sue your for anything from harassment to stalking. And if he bring the charges up first then your screwed. However if you embarrass him via other people ie spreading the welcher rumor, then he will have external pressue and since you didn't do it directly there is no legal standing in court.

    I vote Embarrassment and if that doesn't work then ide wait 6 months so the whole town knows and then sue him, it will then become a huge deal and i think he will have to pay it back to save face.
     
  3. Thermopylae_480

    Thermopylae_480 New Member

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    Ask a lawyer, not computer geeks. Computer geeks don't know as much about the law as they like to think they do.
     
  4. TheMailMan78

    TheMailMan78 Big Member

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    I agree but we can pretend can't we? I always felt like a heterosexual Perry Mason.
     
  5. Fleck New Member

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    Well I am a computer geek but I was also a part time hoodlum (party animal, drug doer) for a while. I've been arrested a couple of times and the law is... well, whoever has the money and the connections is the one who is getting off. I know a lot of people 'say that' but it's the truth.

    Backup facts: My first case lawyer had been around for years and was able to move my case to the court of a judge he's friends with and got me off by personal conversation with the judge--he told me before the hearing even came around that I would be fine. My second case lawyer, who was recommended by my first lawyer (different counties) was runner up for DA and was friends with the DA, so they passed a little note during the hearing and I just had to pay a small fine. It was evident that the DA was pretty much the boss of the judge.

    They are all a bunch of Freemason good ol' boys.

    As far as the ideas for 'strong arming' and the possible legal consequences, when I say strong arming I don't mean doing any physical damage or damaging any property. First you have to be very threatening and serious, then you move into physical confrontation but not an attack, just a nice leaning of you or your buddy's body mass against theirs (and their neck). I've never had to go down that road because I have the advantage of being a mean looking spic and having some heavy rollers at my disposal to show up with me when I need something taken care of.

    Good luck either way.
     
    Last edited: Mar 3, 2009
  6. Binge

    Binge Overclocking Surrealism

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    Nope. It's Pennsylvania. This is a local thing.

    I'm not asking "computer geeks," I'm asking in an open forum of people ranging adolescent to adult, and I'm hoping the adults would have some good advice. Strong arm tactics that involve violence or damage are completely out of the question. People who have had to take people to court over any sum of money large or small would be valuable/helpful to me. This isn't the only place I'm asking for opinions/facts/assistance. Thermopylae, lol, you crack me up.
     
  7. JrRacinFan

    JrRacinFan Served 5k and counting ...

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    Crap. Aight. Just be careful. :)
     
  8. iStink

    iStink New Member

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    edit:
    just saw your post about fighting him not even being an option. In this case, call the police and tell them the situation and ask for their opinion. I did this once when I got scammed on some speakers for 80 bucks. The police told me to give the person the benefit of the doubt and if nothing happens to call back. I waited until that Sunday and sure enough i got a response and a refund. The police did tell me to call back, however, so it wasn't like they completely ignored me, which makes me think something would have been done.
     
    Last edited: Mar 3, 2009
  9. erocker

    erocker Super Moderator Staff Member

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    First step is to go to the police and file a report for theft. If you haven't done so, do it now. Most likely that will get the job done.
     
  10. iStink

    iStink New Member

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    Here's what I don't get about situations like these: It seems like if you're a thief, as long as you keep your stealing under a certain amount, you'll never go to court if you get caught, and you won't ever be held responsible for paying back what you stole.

    Like if I was caught on camera stealing 40 bucks from a purse, but then I spent it, but later on got caught, I'd get in trouble, but the person I stole 40 bucks from would never get that money back. If I stole 200, the person could take me to court. I just don't see the difference. 40 bucks spends. What if I stole 40 bucks from 5 different people?
     
  11. thoughtdisorder

    thoughtdisorder New Member

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    Speak for yourself, I stayed at a Holiday Inn Express last night. :D

    @Binge: Call the cops and file a report after talking with the guy who owes you money. He may actually make some sense to you and work out a payment plan if you can do that.
     
  12. KieranD

    KieranD

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    the longer you leave it the harder it is to do something about it so go to the police and ask for their advice
     
  13. El Fiendo

    El Fiendo

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    Start keeping paperwork, its never too late to start. For instance, you say you've called several times and the recipient refused contact by phone. At the very least keep a call log of all the times you've attempted, its your word against his and I don't see any reason why they wouldn't trust you off the get go. Does your phone company show details of all phone calls made each statement? If so, then provide that as back up proof to your own records. If every call resulted in a hang up, it will show up on the phone bill as an extremely short call (assuming again the phone bill shows the details). Point this out as a refusal by the other party to resolve this issue out of court.

    Start asking your witnesses to produce written reports of what they saw / how they understood the deal, anyone who was around. You can't coax them into saying the best thing, but that doesn't mean you can't cherry pick the most legible / informative witness. Remember, the longer you wait, the more they'll forget / blur the story.

    Write out what you had understood the verbal contract to entail, with all requirements, clauses or what have you. If only to simply reinforce how you remember it, or to be used in court. Sometimes when put on the spot you might forget important factors or details that look bad to bring up later, even if its true. It stops looking like clarification but changing the story.

    Document further dealings with this person if possible, assuming you can convince them to talk. If you sit down to discuss this somewhere, have a written out statement of what you expected to transpire during the meeting. Leave several lines for anything additional brought up that you didn't expect. If possible have a third party there to sign as a witness, however the hardest part I've found is to get them to sign. I've found I can talk to people all day but as soon as I request their name on something binding, everything hits the fan in intervals of 10 seconds or so.

    If they're belligerent, you'll know very quick. I suggest bring additional copies, as the first often gets crumpled (or so I've found). Bring at least 2 copies + your extras. One for your records, and one to offer to them. I don't have many pointers on getting the person to sign though, that's more of a play it by ear. Don't be afraid to work in extremes, as in sign this regarding how you're paying me back or I'm resorting to legal action. Fear is a wonderful thing, and you don't even need to get physical.

    Now that's all assuming you can get a hold of the person and talk with them. Just remember, evidence of you trying is alot better than evidence of nothing.
     
  14. Maju New Member

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    Fair to say some people are ###k##s.

    Had a similar situation a few months back with someone owing me £360. After several phonecalls and letters over 2 month period, leading to 7 days to pay up or get taken to court they still didn't pay.

    End result, it was giving me to much grief and screwing with my head.
    So I wrote a letter and washed my hands of the situation.

    Thankfully it did the trick and a week later was paid in full.
    Can't say it would work for everyone but worked for me.

    Hope you get your money back soon
     
  15. Deusxmachina

    Deusxmachina New Member

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    I could look it up right now, but I'm too lazy. I wonder if the 2k max is a state thing. Thought some/all upped it to 5k now for small claims.

    Regardless, filing for small claims should be like $50 or so, and if you win just also file for court costs with it. Witnesses who appear truthful can go a long way.

    And, yeah, recordings vary by state. My state only needs one person's consent, (mine). Check your local listings.

    Oh yeah, and let there be a lesson for people. If you do a deal or loan money or whatever to anyone, including, or perhaps especially, a friend, write it down and make it at least semi-legit. At the least, this can protect a friendship when one honestly thinks they paid the money back but the other doesn't, or if one doesn't remember what the amount was, etc.

    Oh yeah, and getting someone else a cell phone under your name or credit is generally a really bad idea, too.
     
  16. Gilletter

    Gilletter

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    +1 in most states you have to be notified that you are being recorded for it to stand in court
     
    Binge says thanks.
  17. v8ornot2v8

    v8ornot2v8 New Member

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    Wow, I totally wish you the best of luck on that one. Everyone is trying to get paid back these days - even the big guys!!
     
  18. Binge

    Binge Overclocking Surrealism

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    Well it's not like I was looking to give this person money without payback in the first place. :laugh: Friends do strange things. Are they really "friends"?
     

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