Samn...before "refusing" the letter, I had done some homework on the local laws.
Here is a quote from the govt website on Small Claims (method #5 on "how to server the papers): 5. By Certified Mail: Only the Small Claims Clerk can serve the claim this way. There is an additional fee of $7.00 per defendant you wish to have served. Service is completed when the receipt, signed by the Defendant is returned to the Clerk. If the Defendant refuses to sign, service is not considered complete. The Postal Service can not force the Defendant to sign for the letter. So...it looks like I am still good. I agree with what you said here...but you have to understand the kind of person I am dealing with. He is one of the "Happy Sue Everyone" kinds of guys. I want him to sweat this out a bit more. In other words...he hasn't earned the right to see me in court. I spent over 12 hours in tech support calls on this guy...without charging him a dime. Call it a mistake...yes. But...I try to be lenient with new clients (as he was). However....now he has taken that generosity and is attempting to shove it up my ass. Well...As much as I don't want to take it personally, it is. I spent time on him....now he will spend time on me. If he is set on seeing me in court, he will pay for a process server to serve me the paperwork, I will then show up and beat him. By the way, I do NOT have ANY contracts with ANY of my clients. As a matter of fact, they don't even receive a single piece of paper from me saying that we have any sort of agreement. I, however, have 2 electronic signatures, and 2 written signatures on agreements. I wonder if he even has a leg to stand on!??! Sully -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Sam Sent: Thursday, October 30, 2003 12:08 PM To: [EMAIL PROTECTED] Subject: RE: [smartBridges] Solar Storm and Wireless Network?? Sully The way Small claims works here is that if you get a certififed letter and refuse it, and then not show up for the court date, the judge will typically rule in the plaintif's favor. (It may be different there.) I have taken several people to Small Claims for not paying their bill. I always opt for the Sheriff to serve them only because of the indignity it causes to the lamer when the Sheriff walks into the work or office and serves them. But I was told in no uncertain terms that a certified letter holds the same legal weight as the Sheriff handing it to them with regards to getting a judgement. >From what you are saying here, I would welcome the cheance to go tell the judge my side of it. Most-likely he will rule againsr the plaintif. Armed with that, you can then sue him for what he owes you, and probably easily get a judgement. But the thing is, if you don't show up to challenge it, you will likely find yourself with a judgement against you; right, wrong, or otherwise. Sam On Thu, 30 Oct 2003, The Wirefree Network wrote: > I got one client right now trying to sue me for shutting his service off. > > > > I gave him 4 warnings throughout the month that his bandwidth consumption > was on track to go WAY over his limits (per agreed upon TERMS OF SERVICE). > > > > He finally responded to my warnings by saying, "ok ok ok, I will pay the > over-usage fees if I go over. It is due to blah.blah..". When it came time > to pay, he made excuses as to why he didn't want to pay. I gave him the > customary 10 day grace period.with several warnings and then shut his > service off. > > > > He came back with an email saying, "How dare you! This is no way to do > business. When someone does not pay, you are not supposed to turn their > service off; you are supposed to sue them." HAHAHHAHAhhahah. What a joke! > > > > If you don't pay your electricity bill, they turn it off. You don't pay > your cell phone bill, they turn it off. > > > > All of my clients pay me through PayPal. This is initiated/controlled by > them. After I turned off his service, he sent me one more payment of > $10.00, for his static IP. He owed me $30.00 for his overusage fees. I, > obviously, applied the $10 towards that fee. He sent me an email saying I > am a thief and took money from him for services that I am not providing. I > explained to him at great detail, in my cancellation email, how to STOP > payment on his PayPal subscription. He just chose to ignore it. DUH!! > > > > Anyway.I have now turned down (rejected) 2 personal certified letters from > him (no doubt requesting my appearance in small claims court), followed by > another addressed from the Small Claims court itself (which I also > rejected). > > > > If he wants to see me in court, I am not going to make it easy for him. He > will have to pay some processors to serve me (increasing his cost as well). > > > > You see.I am not in the wrong here. I explained this to him on many > occasions. If this goes to court, he will lose miserably. > > > > My only question is: How do I counter-sue and for what amount? > > > > This whole thing is irritating.but such is the price of business. > > > > Sully > > > > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > On Behalf Of Dave Covert > Sent: Thursday, October 30, 2003 10:49 AM > To: [EMAIL PROTECTED] > Subject: RE: [smartBridges] Solar Storm and Wireless Network?? > > > > You gotta love customers... I remember one guy who wondered why the screen > saver stopped working when he switched the computer off... :/ > > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] Behalf Of Sevak Avakians > Sent: Thursday, October 30, 2003 12:40 PM > To: [EMAIL PROTECTED] > Subject: RE: [smartBridges] Solar Storm and Wireless Network?? > > LOL! > > I was only talking about the REALLY dumb people like the woman who called me > up 'cause she couldn't get on the Internet. I asked her to type something > in and she had no clue what the "keyboard" was!! > ~ :-| > > On Thu, 2003-10-30 at 13:23, Jason wrote: > > If you knock off all of the ignorant people, how will you make a living? > Surely all of us non-ignorant people will not need you - then you'll be the > target. > > I like stupid people. They make me look smarter than I am. > > Jason > > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > On Behalf Of Sevak Avakians > Sent: Wednesday, October 29, 2003 9:24 AM > To: [EMAIL PROTECTED] > Subject: Re: [smartBridges] Solar Storm and Wireless Network?? > > > You'll lose signal for a short time and those a-holes who have no clue what > a solar storm is will be calling you and complaining that your service > sucks! An hour later, they'll be sheepishly surfing the Internet again > skipping news articles about a "solar system hitting us" -as one stupid > radio morning show person called it. > > Ahh, can we knock off all the ignorant people from this planet? > > Seriously, don't expect any permanent damage from the solar storm. (Unless > your tower is tall enough to penetrate the atmosphere. Which if it is, you > can afford to take the hit!) > :-) > > > On Tue, 2003-10-28 at 23:09, Rudolph Worrell wrote: > > So what will happen when this solar storm hits us in the morning? > ----------ANNOUNCEMENT---------- > Don't forget to register for WISPCON IV > <http://www.wispcon.info/us/wispcon-iv/wispcon-iv.htm> > http://www.wispcon.info/us/wispcon-iv/wispcon-iv.htm > > The PART-15.ORG smartBridges Discussion List > To Join: <mailto:[EMAIL PROTECTED]> mailto:[EMAIL PROTECTED] (in the > body type subscribe smartBridges <yournickname> > To Remove: <mailto:[EMAIL PROTECTED]> mailto:[EMAIL PROTECTED] (in > the body type unsubscribe smartBridges) > Archives: <http://archives.part-15.org> http://archives.part-15.org > > ----------ANNOUNCEMENT---------- Don't forget to register for WISPCON IV http://www.wispcon.info/us/wispcon-iv/wispcon-iv.htm The PART-15.ORG smartBridges Discussion List To Join: mailto:[EMAIL PROTECTED] (in the body type subscribe smartBridges <yournickname> To Remove: mailto:[EMAIL PROTECTED] (in the body type unsubscribe smartBridges) Archives: http://archives.part-15.org ----------ANNOUNCEMENT---------- Don't forget to register for WISPCON IV http://www.wispcon.info/us/wispcon-iv/wispcon-iv.htm The PART-15.ORG smartBridges Discussion List To Join: mailto:[EMAIL PROTECTED] (in the body type subscribe smartBridges <yournickname> To Remove: mailto:[EMAIL PROTECTED] (in the body type unsubscribe smartBridges) Archives: http://archives.part-15.org
