Tim (from
previous email)
I think I am okay…due to the actually
local govt website states the following:
********************************
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 Tim Harris
Sent: Thursday,
October 30, 2003 5:22 PM
To: [EMAIL PROTECTED]
Subject: RE: [smartBridges] Legal
Battle [was Solar Storm]
We've been to small
claims court several times both for non-payment and for customers canceling
their credit card payment or stopping payment on their checks. We always
take our service agreement, contract (if you don't have one it's OK, we feel it
necessary) and record of payments and credits.
One thing I've found out,
it's extremely important to accept those certified letters as they may have
information regarding appearance times, etc. as when you refuse them, they are
listed as refused and therefore you had contact and knowledge of the
letters. You may be in default as they can show an attempt to contact you
and the judge may enter a default judgment in favor of your customer. You
would be able to appeal within a given timeframe. You need to ask the
local court what the letter was about and you should do it promptly.
Good luck!
Tim
-----Original Message-----
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of The Wirefree Network
Sent: Thursday,
October 30, 2003 4:58 PM
To: [EMAIL PROTECTED]
Subject: RE: [smartBridges] Legal
Battle [was Solar Storm]
Thanks…I
will check them out and put this in the SAVE FOR FUTURE REFERENCE box.
Correction:
www.bizfilings.com
ß1 “L”
Sully
-----Original Message-----
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Bullit
Sent: Thursday,
October 30, 2003 3:53 PM
To: [EMAIL PROTECTED]
Subject: Re: [smartBridges] Legal
Battle [was Solar Storm]
2 or 3 hundred $$$ and they'll do
everything for you. We use them all the time
----- Original Message -----
Sent: Thursday, October
30, 2003 5:14 PM
Subject:
[smartBridges] Legal Battle [was Solar Storm]
Thanks
for the support Sevak!!
I have a
book in front of me right now (actually just off to the left) that is on
becoming incorporated. I own a house in Colorado Springs…so I am hoping to
become incorporated there. I hear that Colorado is very friendly to
Corps.
If
anyone has tips on how to become incorporated (from sole proprietorship) with
single owner….I would love the help.
Thanks!!
Sully
-----Original Message-----
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Sevak Avakians
Sent: Thursday,
October 30, 2003 1:07 PM
To: [EMAIL PROTECTED]
Subject: RE: [smartBridges] Solar
Storm and Wireless Network??
Argghh! That sux!
First, you've done everything correctly! (Except you still need to get
incorporated so that you are never personally liable, Sully!!)
Keep doing what you're doing. You can only counter-sue him for the charges
he owes you. You normally can't sue for more (which is called
"punitive damages" meaning to punish the other guy for being
blatantly a bad person!).
Let him spend more money on this, then go to court and fill out the
counter-suit. It is cheaper for you to counter-sue than it is to initiate
a law suite, so you're actually better off this way!
Good luck!
Sevak
On Thu, 2003-10-30 at 14:21, 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]On 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?
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