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Junior Member
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Apr 19, 2013, 11:54 AM
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Originally Posted by odinn7
The OP called them the night before, when they were closed....their policy probably states 24 hours minimum as I am sure they are like other install companies that send out sub-contractors....but then, you already know all this.
True very true but where is the service they propose to exact like I said an expense to drive there and maybe only maybe a time payment but a full service call for being told I no longer need you. Nonsense
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Uber Member
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Apr 19, 2013, 11:54 AM
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Really... you believe that? You actually think the CEO of every company involved in any lawsuit spends their days in court of every little suit they deal with? No they don't they send someone else to represent the company.
There was a legal contract... the customer failed to properly provide notice to cancel in the prescribed time frame... the Company wins this slam dunk.
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Junior Member
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Apr 19, 2013, 11:59 AM
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Originally Posted by smoothy
THey will win a case against someone using your tactics...and not only that..they will get a Judgement..and a writ of garnishment to go after your accounts to satisfy the debt...which by this time will inlude late fees.., interest...and legal fees....and be far higher than the oriiginal bill.....and they can collect this debt many, many years from now.....and for what?
The OP can pay at the stand the same amount the OP will pay now, No legal fees are allowed in small claims they are not allowed to produce a lawyer nor any lawyer doctrine, they cannot increase or attach interest to the bill the whole amount is set in stone the minute the case is brought before the local county attorney.
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Uber Member
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Apr 19, 2013, 12:03 PM
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Originally Posted by sleepingless
The OP can pay at the stand the exact same amount the OP will pay now, No legal fees are allowed in small claims they are not allowed to produce a lawyer nor any lawyer doctrine, they cannot increase or attach interest to the bill the whole amount is set in stone the minute the case is brought before the local county attorney.
Really... care to quote legal precident to back that claim up... because they are ALWAYS responsible for late fees and interest due on a debt they failed to pay... they will never see a bill as low as the one that has not yet become deliquent.
Collections companies around the world make their living off those additional charges.
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Junior Member
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Apr 19, 2013, 12:08 PM
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Originally Posted by smoothy
Really...you believe that? You actually think the CEO of every company involved in any lawsuit spends their days in court of every little suit they deal with? No they don't they send someone else to represent the company.
There was a legal contract...the customer failed to properly provide notice to cancel in the prescribed time frame.....the Company wins this slam dunk.
First of all a CEO is a company rep they would have to be a board member to be considered for ownership and then a judge can strike that because all board members are not present thus full ownership is not available. Lawsuit? This is a small claims matter no lawyers, no representatives are allowed in small claims court period. I have already said the OP will lose but the OP will exact a level of return payment on the free money if and only if the company shows up to get it.
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Uber Member
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Apr 19, 2013, 12:11 PM
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Originally Posted by sleepingless
First of all a CEO is a company rep they would have to be a board member to be considered for ownership and then a judge can strike that because all board members are not present thus full ownership is not available. Lawsuit? this is a small claims matter no lawyers, no representatives are allowed in small claims court period. I have already said the OP will lose but the OP will exact a level of return payment on the free money if and only if the company shows up to get it.
Where did you attend law school? How much experience do you have in court... what is the legal precident to what you are claiming?
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Junior Member
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Apr 19, 2013, 12:15 PM
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Originally Posted by smoothy
Really...care to quote legal precident to back that claim up...because they are ALWAYS responsible for late fees and intrest due on a debt they failed to pay...they will never see a bill as low as the one that has not yet become deliquent.
Collections companies around the world make their living off those additional charges.
You must understand there is no appeals there are no lawyers and this will be entirely based on civilian law (Common law) Legal precedence does not apply the whole of the judgement relies on the presiding judge. The bill however is the bill which is what the judgement precedes on.
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Junior Member
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Apr 19, 2013, 12:16 PM
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Originally Posted by smoothy
Where did you attend law school? How much experience do you have in court....what is the legal precident to what you are claiming?
University of Kentucky
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Junior Member
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Apr 19, 2013, 12:20 PM
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Originally Posted by smoothy
Where did you attend law school? How much experience do you have in court....what is the legal precident to what you are claiming?
The last time was 2003 as an expert, I don't represent I am to old, my function is findings and reference.
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Uber Member
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Apr 19, 2013, 12:23 PM
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Originally Posted by sleepingless
You must understand there is no appeals their are no lawyers and this will be entirely based on civilian law (Common law) Legal precedence does not apply the whole of the judgement relies on the presiding judge. The bill however is the bill which is what the judgement precedes on.
You are wrong... about that... al lof it. Lawyers or councel not being allowed is not a universal truth for one.
If there is no penalty... why would anyone pay a bill ever... just fight them... if you lose there is no penalty... or extra charges?
Tell you what... are you going to pay the OP's debt if they follow your advice and lose.. and end up with a far larger bill?
You still haven't quoted any case law or legal precidents or codes.
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Junior Member
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Apr 19, 2013, 12:31 PM
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Originally Posted by smoothy
You are wrong.....about that......al lof it.
In fact Lawyers ARE allowed in some small claims courts....and all of the people sueing for upaid bills are entitled to late fees and intrest due....and you can appeal most of them.....it happens all the time.
If there is no penalty....why would anyone pay a bill ever....just fight them...if you lose there is no penalty.....or extra charges?
Without a "mistake of law" no state in the US will allow you to appeal and if you do find one you will still lose I would bet my salary on this. If both parties agree to allow reps to present the case then yes lawyers can enter the fray. This is not the case for the OP as the person should know they will lose thus they would NOT agree to such a thing.
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Computer Expert and Renaissance Man
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Apr 19, 2013, 12:52 PM
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First we take pride in the quality and accuracy of the advice we give here. Your advice has been neither quality nor accurate.
Small claims courts have different rules in different jurisdictions. But I've never seen a small claims court that required the company owner to show. And definitely not any level of civil court. You have no idea whether the company the OP is involved with is a corporation or what its structure. Many companies don't have "owners" they have shareholders. So right there, your advice is wrong.
While you are correct that once a suit is filed, the amount may be frozen, but that doesn't mean that the company can't add fees and costs to the amount they are suing for. So you are wrong there.
And whether the state AG has to open a file for the complaint or not, they still will not prosecute. So all that would happen here is the OP would likely incur additional costs, and have to spend time to appear in court.
Again, not only did you give bad advice, but you compounded it by trying to defend this advice with more inaccuracies.
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