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Man sued for $30K over $40 printer he sold on Craigslist
- Thread starter Dalek
- Start date
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Machine
Member
Reading the article, he failed to respond to a request for admissions. You have 30 days to admit or deny each allegation in a request for admissions and if you fail to respond, you are automatically deemed to have admitted them. Even if you think a suit is frivolous, it's not wise to miss court deadlines.
That's exactly what the post you quoted is saying.
Spamming frivolous shit until a summon falls through the cracks on the defendant's side shouldn't be a valid tactic.
I don't understand some of what you're trying to say here (read a case in 4 seconds?), but the defendants should know they're being sued because they have to be served before they can have a default judgment against them.
I wonder what the process is for committing such an individual? Surely someone with many, many legally self-reported incidents of emotional distress coupled with an inordinately high number of lawsuits over petty quibbles and easily demonstrated lack of empathy would be a prime candidate for it. His emotional state clearly causes him to perceive himself as a victim in too many encounters in his life, easily to the detriment of society on the singular level (the defendants) and on a larger level (court resources wasted.) A lengthy psychiatric evaluation might reveal the root cause of all of this distress and prevent such a fine, upstanding and diligent individual from spiraling into an even worse emotional state. I think it's a moral duty to help this man into a straitjacket.
Isn't there some law that prevents a person from be declared guilty -- or whatever the term is in civil suits -- in absentia? Or does that only apply in criminal court?
Also, aren't summary judgments often used as a means of defense and not litigation?
This is an underrated post, but is an apt analogy for what's happening here.
SynthFetish
Member
I'm pretty sure I'd dedicate my life to making this mans life an eternal living hell. Leave rotten meat on his property, have his car towed, sign him up for an endless amount of spam email and physical mail. Post ads on backpage with his number/address/email
Then again, I tend to talk a big game.
Then again, I tend to talk a big game.
Yeah. This guy is an asshole of epic proportions and needs to be shown that he can't get away with this in the end. And fucking judges. There has to be a FUCKING line drawn at some point that can't be just crossed "because procedures and byrocracy blah blah". This is absolutely absurd and everyone working on the case knows it fully well. After work day they'll tell their families about this absolutely bonkers case that they're working on and question their own legal system but soldier on because they can't do anything.
A Link to the Past
Banned
This Zavodnik person needs to be barred from filing lawsuits, buying and selling online, and should be made to compensate Costello for whatever is appropriate.
flamingotripod
Member
Isn't this the reason there is a judge in place?
Yes, the judge is in place to judge which side wins according to the law. In this case, it appears the guy that got sued defaulted on the case by not responding to the request for admission. Since he had retained a lawyer, not sure why he didn't respond as I'm pretty positive the lawyer wouldn't tell him to just ignore it despite how insulting it is.
This would be like if you ignore a speeding ticket. It doesn't just go away and it will eventually bite you in the ass.
User 479360
Banned
What a joke. This is nonsensical.
Pretty much the judge should have told him until you come to me with a reasonable number for your damages I will throw your case out every time and if you keep coming to me with this nonsense I'll look into fining you for wasting mine and everyone else's time.
jellies_two
Member
Can't people be declared vexatious litigants in USA and be barred from the court ? That is how they are dealt with in other countries .
It sounds like they did declare him that but an appeals court reversed that decision and reinstated his lawsuits.
The judge should be disbarred. What a fucking idiot.
thesuperfunk
Member
bullshit complainant. bullshit judge. bullshit case.
Sho_Nuff82
Member
It's entirely possible to understand why a ruling was made and still think it's a terrible application of justice.
Copy that.
WaterAstro
Member
The defendant's lawyers only have 4 seconds to review a case because they get 1000 cases of lawsuits a day against the same defendant from the same plaintiff.
Missed reading or representing one piece of paper, plaintiff wins.
CassidyIzABeast
Member
I wanted to punch him in the face half way through the article.
Johnny Cage In The Shower
Member
There must be like a team of lawyers (Without borders) that can get together and counter sue the fuck out of this asshole and put him in his place, hopefully that place is a decent amount of years in jail, this guy should not be allowed in society, let alone have the right to buy and sell shit online.
EDIT: "AMC's Season Three of Better Call Saul....."
EDIT: "AMC's Season Three of Better Call Saul....."
Zaraki_Kenpachi
Member
What a fucking scumbag. Unreal, dude should counter sue him for harassment.
Why is this the case? In what scenario is admitting the default? Why is it not automatic denial? Is this some pettiness of the court, in that they see not responding as an insult/contempt and therefore decide in your worst interest?
It's the same way with criminal cases. If you don't show up to prove the case against you, you're automatically found guilty by default. I think the logic is, if that wasn't the case, nobody would ever show up to court if there isn't any accountability.
For example, if you get a speeding ticket and you don't pay it or show up on the court date, a bench warrant is issued for your arrest. At that point you've lost the ability to appeal the initial charge, because you were found guilty by default.
I'm sorry, I simply don't understand what you are talking about. A defendant gets 1000 cases filed against them a day from one plaintiff?
MegaManTrigger
Banned
Also, he didn't use an alias.
I always do this on kijiji. I don't trust people nearly enough to leave them my personal information like name and address.
jellies_two
Member
Hmm but it should be declarable for an entire class of lawsuits to stop him abusing the system. not just in one case, it sounds like if there was a poster child for this type of block then he would be it.
Version 3.0
Member
If someone did that to me, I'd be tempted to spend the $30k to have him "convinced" to drop the suit rather than pay him.
WaterAstro
Member
I don't get the logic here, why is it so important that someone show up in court? Proof is proof. If the case relies on the defendant admitting it, then you don't have a case...
I already watched it. You need to watch it again. He's talking about attorneys for the debt buyers reviewing that many suits, not lawyers for the debtors.
Team Alucard
Banned
Someone needs to break this motherfucker's legs.
Machine
Member
A summons is a specific legal document. It is not the same as a request for admissions. A summons is served on someone at the initiation of a suit. A request for admissions is a document served on an opposing party during the discovery phase after suit has been initiated and the opposing party has been served with a summons.
A person can't have a verdict against them if they have never been properly served with a lawsuit. If they are properly served and fail to respond, they can be defaulted. If they respond initially but fail to respond to subsequent procedural deadlines, they won't necessarily be defaulted but they can be penalized.
In a lawsuit, both sides present their version of the facts and the judge or jury decides which version they believe. If you don't respond, whose version of the facts do you think will be believed?
BattleMonkey
Member
Problem is, even if you do fight it, not much can stop the a-holes from just suing over and over again or coming after you. Essentially forcing you to spend tons of money and time to make the pest go away, till you are essentially forced into making a settlement.
Can you fight and get things turned in your favor? Of course, but you will often be stuck having spend many months to years fighting in courts to get these assholes to finally back off.
Can you fight and get things turned in your favor? Of course, but you will often be stuck having spend many months to years fighting in courts to get these assholes to finally back off.
Dealing with these types of assholes is why my Camaro has been sitting in my garage for the past two years hardly driven. I have wanted to sell it but the first couple of lookers where shootin for an angle making bullshit claims deals etc. Just said fuck it and now it sits since I don't have time for her anymore. I'm a straight shooter type and don't like games that are played over a few bucks. Fuck tha judges, too many fucking idiots in robes. Sorry too much rrrummmm.
TAJ
Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.
If someone lives in a house then all you have to do is stake out their mail box and remove case-related mail as soon as it's delivered.
Just make sure they don't get anything on Saturday.
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