posted on December 28, 2001 08:54:05 PM new
File suit against him in your local court. Ask the local court to contact the other court and combine the cases in your local court. If that doesn't work, you can keep your suit active locally, or countersue in the Northern California court.
The light at the end of the tunnel will turn out to be an oncoming train.
posted on February 2, 2002 01:43:25 PM new
I was e-mailed by the buyers just a couple of days ago. The wife asked if I would like to settle out of court to avoid travel. I have not answered her yet. There is a 99% chance that we will see this through.
I spoke to the manager at the delivery company recently and he said that the husband met the delivery team at the truck and began to pick on the guys there. The husband used foul language and the delivery team were never even allowed in the house. I had the vision of the Armoire being unloaded, brought in the house and re-loaded on the truck. I don't know if the Armoire was ever even unloaded from the truck; I doubt it.
posted on February 4, 2002 07:29:04 AM new
you said,
I had the vision of the Armoire being unloaded, brought in the house and re-loaded on the truck. I don't know ------
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
are you a psychic?are you a clairvoyant?
posted on February 4, 2002 10:33:17 AM new
stopwhining-I am getting just a bit tired of your nasty little comments-so knock it off. I would get into a battle of wits with you but I won't take advantage of an unarmed person. That said-daleeric-I would countersue for time, travel expenses and general harrassment issues. Regardless of how much you would like these people to go away obviously they aren't going to. If they want to play rough I would accomadate them. You can't go through life letting people walk on you because of some harm that might befall you. Do not be a doormat. These two are desperately hoping that they can get their money back by fear and intimidation-don't give into that tactic. Letting this guy go to court will probably be the best point in this entire transaction. Do you honestly believe that this loose cannon will be able to hold his temper and keep his mouth shut in court? Let him shoot his mouth off and you and your partner be the most reasonable people in the universe. Small claims court judges are not known for their patience. They get inundated with so many bs cases that their tempers are short. Give this guy enough rope and he will hang himself. GOOD LUCK!!!
posted on February 4, 2002 11:24:23 AM new
capolady,
i dont undestand how my question can be against another aw member??
i am just asking about this vision thing,this is the most read thread on AW ,kind of like the movie classic GONE WITH THE WIND,when the author said she had a vision,i would like to know more,MARTIN LUTHER KING said he had a vision too.
when she goes to court and said she has a vision,the judge and the lawyer on the other side will ask her to explain .
may as well rehearse here ,it costs nothing .
posted on February 7, 2002 09:06:25 AM new
capolady ,you said-stopwhining-I am getting just a bit tired of your nasty little comments-so knock it off. I would get into a battle of wits with you but I won't take advantage of an unarmed person.
how can you be upset by one aw member comment of this thread?? it is directed at you??
if so,HOW??
you want to engage in a battle of wits because one person posts and you read and you said you are a bit tired??
when did you get tired??if you are tired,why dont you take a nap??
you intrepret her/his comments as 'nasty little comments',what is so NASTY about the comments on VISION?
ARE YOU SAYING MARTIN LUTHER KING SAYING HE HAD A VISION IS A NASTY LITTLE COMMENT?
did you notice the name STOPWHINING,HE/SHE IS HERE TO COMMENT ON ALL THE WHINING DONE ON THIS BOARD??
IF IT BOTHERS YOU,THEN GO TAKE NAP AND DONT COME BACK.
posted on February 7, 2002 09:54:36 AM new
I'd be willing to bet good money that STOPWHINING and ASKDARUMA are the same person, with two posting IDs (which used to be against the rules).
ASKDARUMA claims that STOPWHINING is here to comment on all the whining on this board. How would he (or she) know, when virtually all of STOPWHINING's comments are confused about the issue at hand, virtually unintelligible, and generally hostile to other posters?
I'm with CAPOLADY on this one. If you can't make an intelligent contribution to the discussion, don't bother to post. It was laughable to drag poor MLK into this issue, and an insult to DALEERIC, who has/have a serious problem on their hands--not caused by anything they have done or neglected to do.
posted on February 7, 2002 10:32:58 AM new
I'm with CAPOLADY on this one. If you can't make an intelligent contribution to the discussion, don't bother to post. It was laughable to drag poor MLK into this issue, and an insult to DALEERIC, who has/have a serious problem on their hands
ARE YOU SAYING YOU ARE INTELLIGENT??WHO SAID SO??
if DALEERIC would cut her losses early,she could have be more productive doing what she does best-sell antique furniture?
posted on February 7, 2002 10:37:54 AM new
stpwhining and i are as close to twins as fastow and schilling !!
now where does ken lay fit in??the umbilical cord ??
posted on February 7, 2002 10:40:23 AM new
i do work for an organisation called MENSA OF Bongo,i am their official usa recruiter,i see some of you qualify to be charter members not for the usa chapter,but bongo chapter,anyone wants to apply??
posted on February 7, 2002 10:55:27 AM new
This thread is derailed, take your petty squables somewhere else. We want to know how daleeric's court situation is going.
posted on February 7, 2002 11:13:37 AM new
kiara,
do you want an application form? if so,which chapter??
read the title of the thread-ITEM SHIPPED,BUYER REFUSED!NOW WHAT??
it is too bad NOW is long past,if the author had cut her losses and moved on,she could spend her time doing what she does best,a retail antique furniture dealer,not rehearsing for the next hearing on enron!!
FOR THOSE OF YOU WHO DONT WANT TO READ MY POSTINGS,THEN BLOCK THEM.
posted on February 7, 2002 12:02:51 PM new
That is actually true. I did cut my losses and did move on. My husband stated that he believed the situation had completely blown over and did not expect to hear from these people again. I think he found the court papers in the bushes about a week later. So, when you have moved on and expect nothing more of the situation, life happens. We did our best to learn from the situation and that is really all we can do.
I still check the thread from time to time because the majority of you have been so kind and supportive. I am sure many would like to find out what happens.
The Buyers did have one negative on their feedback and I contacted the buyer, to find out what happened. He said that it was the worst transaction of his life and at times it bordered on the bizarre. They accused him of the item being damaged and they never paid for it or saw it. It was not damaged. They objected to the the non-paying bidder report. I hope to get a statement from this buyer as to how these people do business. It could be helpful in court. Still trying to get the venue changed. I will let you know. Thanks!
posted on February 21, 2002 09:16:05 AM new
Just putting in my two cents, so I can follow the drama and know where I left off. It seems to me, that if this buyer gets away with anything, there is something drasticaly wrong withour court system.
posted on February 22, 2002 07:40:53 AM new
daleeric - keep posting and let us know how this turns out. We all have our share of wacko buyers and it would be nice to know what the courts think of a situation like this one. We also have our share of wacko AW posters-Need I say more?
posted on March 4, 2002 08:11:42 AM new
We tried to get the venue (location of the hearing) changed twice to no avail. The judge seems to be fixed on his decision that the location of the hearing should be in their area. At this point, I would just like to get this thing over with. It is like one of those commitments that just weighs on you and is always there in the back of your mind. There is nothing positive about it, so I try to give it the least amount of thought possible.
I filed in my local court and they said that the judge in my area has no jurisdiction to combine cases. I have phoned several attorneys, but one of them even refused to write a letter for me. They are interesed in big money and this isn't it.
However, I do have a court date in April and I have to go. I have so much documentation that I don't see how they can win. However, OJ won. I didn't see how that was possible either. Our justice system leaves a lot to be desired.
There are all kinds of people in the world, sooner or later we may all meet up with "a buyer from hell." I guess I just met my sooner. Perhaps as it says it the song "surely all my debts must be paid."
posted on March 4, 2002 08:20:57 AM new
Good luck in April, daleeric. I hope the hearing goes very fast and in your favor. I don't see how it could rule in his favor based on the documents. Please keep us all posted. Wouldn't it be nice if you could just do it today and put it behind you forever?!
posted on March 4, 2002 08:43:49 AM new
Here are a few words of advice from somebody who has been there, done that, and won.
Prepare a shortened "court brief" for the judge. Try to keep it to one page...two pages max. Do it as a time line, with a brief explanation of each thing that happened and the date. Don't use inflammatory language or say anything that isn't supported by your evidence. Keep it calm, factual, and BRIEF.
Note on this time line each item that you have evidence for, but don't include all the evidence with the brief. You keep it, in order, where you can find anything the judge asks to see.
If your witnesses can't appear in person, collect testimonial letters from them describing what they saw, did, heard, etc. Get these in advance, so you can vet them and be sure that they are accurate and not inflammatory. "Just the facts, Ma'am." Don't bother with "character witness" type stuff; you just want a clear description of what happened, when, from people who were actually present and/or involved with the transaction.
Note on your court brief that you have written testimony from persons X, Y, and Z that you will be submitting as evidence.
Have all your paperwork super-organized, so that you can find anything the judge asks to see with a minimum of wasted time and hassle. Be sure to hand him or her your written brief when you are asked to tell your story...which you will do, again, in an organized, nonconfrontational manner and the judge will have your brief so he or she can follow along and get additional details.
Whatever you do, remain calm, professional, and nonconfrontational. Small Claims Court is very informal compared to a regular trial, and the judge doesn't expect you to be a trained lawyer, but a professional demeanor and non-inflammatory responses will get you a long way.
If you are allowed to cross-examine the opposing party, only do so if you think you can bring out important evidence and that you can do it without getting provoked into a shouting match. From what you've told us about this couple, THEY will be the ones huffing and puffing and shouting and threatening, and that's just where you want them to go.
If you are organized, professional, and can supply all the information the judge needs, it's very unlikely that you will lose this case. You may get a judgment that day (during court), or you may have to wait for a written verdict.
If you've never been through a Small Claims trial before, you might want to find out when they are handled locally and spend an hour or two watching several of them. It should ease your mind considerably to actually watch several unfold and realize that you don't have to be Perry Mason to win. Good luck to you!
posted on March 4, 2002 09:23:48 AM new
Thank you, Sonsie, great advice. I will print that out as a guideline. It is very helpful!
I have a declaration from the shipper stated that they considered the incident racial and describes the pains they went trying to deliver that Armoire. I read it and it is very professional and quite good for my case. I will keep you all informed. Who knows when I will get the written verdict. I wish they would give the verdict right away like they do on TV... Thanks all...
[ edited by daleeric on Mar 4, 2002 09:25 AM ]
posted on March 4, 2002 11:05:24 AM new
The two times I have observed small claims court cases, witness statements were thrown out because they were not notarized. So you might want to ask your witnesses to notarize their statements. If it is legal, reimburse them for their expenses, then add those costs to your court costs in your countersuit.
Not my name on ebay.
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