Page 5 of 8 FirstFirst 12345678 LastLast
Results 81 to 100 of 145
  1. #81  
    Quote Originally Posted by jmill72x
    Surely if he can afford the legal fees to fight you in small claims court, he can afford to fork over the $2000, because when he loses, and he will lose (contract or no contract, he has a responsibility to not trash someone's personal property), he'll end up paying you the $2000, and both sets of legal fees.
    Actually, the general rule (where I live) is that a person is only allowed to recover attorney's fees if it is specified in the contract or by a statute. In this case, there is no attorney's fees clause in the oral argeement to loan the laptop, and I doubt there is a statute providing for attorney's fees under these circumstances.

    And as for this guy's "defenses" to avoid responsibility? Please. This is a slam dunk case in small claims court. The only issue is the amount of damages. Woof is entitled to the fair market value of the goods he lost. If he can show it will cost $3k to replace everything, then he will get a judgment for that amount, minus payments he has already received.
    Palm V-->Visor Deluxe-->Visor Prism-->Visorphone-->Treo 180-->Treo 600-->Treo 650 on Sprint-->Treo 700p-->Centro-->Diamond-->Pre-->HTC EVO 4g???!
  2. #82  

    "Here's your chance to state your case to Judge Judy - The Ultimate Truth Machine!"
    Well behaved women rarely make history
  3. #83  
    Quote Originally Posted by heberman
    Actually, the general rule (where I live) is that a person is only allowed to recover attorney's fees if it is specified in the contract or by a statute. In this case, there is no attorney's fees clause in the oral argeement to loan the laptop, and I doubt there is a statute providing for attorney's fees under these circumstances.
    I stand corrected. I thought that in small claims court you were entitled to recoup any legal fees incurred, but if not, then that's OK. He'll still end up paying more than he would've if he would've just been a man about it and owned up to his responsibilities, which was to protect personal property that was loaned to him. If he fights it, he'll be wasting his own legal fees on top of the $2000 he'll still owe.

    If you can get the software/laptop company to testify that the laptop is worth $3000 in any sort of physical condition (new, used, beat up) and that depreciation doesn't apply since most of the value is in the software (which doesn't depreciate), then I'm sure you'll have no problem getting a judgement for the $2000 still owed to you.
  4. #84  
    Jmill actually, in 20 years I have had to pay the deductable for two phones. And I did not feel good about it either. At least one time the police caught and prosecuted the dummy. He use the phone for a few hours and Verizon turned over the numbers to the police and the people at the numbers turned over the dummy's name.

    I am surprised at the lack of comment about Treobk's comment about "selling the stuff he stole from “oliverri”", and loaning this "valuable laptop" to a know thief.
    Curt
    Curt

    StarTAC ST7868W w/ Motorola StarTAC Clipon Organizer; Treo 600; Treo 700P; Palm Pre Plus all on Verizon
  5.    #85  
    Quote Originally Posted by ClarenceCM3
    Like I said Monoply.
    To sell our products you have to purchase our software, which come "bundled" with out laptops.

    Microsoft tried to bundle it's software with it's OS, which voliated Monoply and fair trade laws.

    allow competition for the purchase of the laptops.

    The government forced Microsoft to make a destinction between it's OS and browser, and medai player.

    Get a laptop seller on your side, that will give all 55,000 rep a speacial discount on laptops. then work with them to seperate the software from the laptop Legally. It save 55,000 reps money in the long term.

    why are you so negatvie.

    You arent too bright are you? It's an insurance company not a software company. The Microsoft case is irrelevant. How many times do I have to say this. My issue is not with the company it's with the guy who got my laptop stolen. By your statements here and in other software related threads it seems as though you think all software should be free. Why don't you try to get and stay on the topic.
    “There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order.”
    — Ed Howdershelt
    "A government big enough to give you everything you want, is big enough to take away everything you have."- Thomas Jefferson
  6.    #86  
    Quote Originally Posted by Insertion
    When I read Musieks posts in question, I didn't take it that he was giving the other person advise, rather that he was saying what they might use as an arguement. I think your anger over this situation has clouded your thinking. Not saying you shouldn't be pissed, but maybe you're looking at certain posts as hostile, when they're not meant to be taken as such.

    (Some others may have been a bit hostile, but I do believe that specific post by Muziek was just a heads up as what may be argued.)
    I agree that it why I apologized to her.
    “There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order.”
    — Ed Howdershelt
    "A government big enough to give you everything you want, is big enough to take away everything you have."- Thomas Jefferson
  7. #87  
    The guy owes you $2,000. I wouldn't put him on a payment plan, he could do that with a family member or a friend. If he didn't pay, I would embarrass him by bringing it up at work with hopes he quits or gets fired.
  8. #88  
    Quote Originally Posted by Advance The Man
    The guy owes you $2,000. I wouldn't put him on a payment plan, he could do that with a family member or a friend.
    I disagree, as long as the term is not too long. by letting him pay of it terms you may avoid having to take it to court.. better get your money slower than not at all or making costs for a law suit..
    <IMG WIDTH="200" HEIGHT="50" SRC=http://www.visorcentral.com/images/visorcentral.gif> (ex)VisorCentral Discussion Moderator
    Do files get embarrassed when they get unzipped?
  9.    #89  
    How come I get all the simpletons??
    Quote Originally Posted by curtarmy
    Two questions.
    Why did you make the guy cash the check and pay you? Why didn't he just sign the check over to you?
    ok Curt, I'll talk slow ok. This is 2005. Identity theft and fraud are rampant in our society. Lets say you owe me money and you get some money from an isurance company. Say $1000 in check form made out to you and your wife Jane Army. To be nice and make thinks quick you endorse the check and "sign it over" to me. I go to the bank with the check and try to cash it. They laugh and say they cant cash it because they dont know who signed it. I could have very easily signed curt and jane army myself. Sorry you'll need to have the person named on the check cash it and give you the money. True story, except that I changed the names for curt and realized before I went to the teller window that they wouldn't cash it. The branch manager confirmed this with a chuckle. Said the fellow who signed it over was none to bright thinking the bank would accept it in this day and age.
    And secondly, why don't you turn in the claim to either the company or your own insurance? That's why you have it and that's why you make decisions about the size of your deductable. Why pay for replacement insurance or the low deductable if you are not going to use it?
    No recourse with the company and why should I file a claim on my insurance for someone elses mistake? I will as a last resort but not until all other avenues are exhausted.
    And a third question .... what was the one post in the middle of this thread which I read as the guy that you loaned the laptop to had stolen from his prevous employer "ollivetti"? Did I miss someting? If I didn't miss something and the guy previously stole from his employer, why did you lend to him?
    Because it was a differnt circumstance and I was working with the guy on an almost daily basis.
    You keep denying any responsibility and saying it is all the other guys fault.
    It is time to look in the mirror and see someone that is actually richer ...... with experience.
    Curt
    I didnt leave the computer unattended in a car in a crappy neighborhood at the height of Christmas season. I trusted someone. That makes it my fault? Glad I dont loan stuff to you. As to your richer with experience comment, if getting f%$^&d over by deadbeats makes me richer I'll stick with poorer thanks. Since you seem to feel so sorry for this guy and think he isn't at fault why dont you pay the 2K on his behalf. Then you'll be richer for having helped someone down on his luck?
    “There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order.”
    — Ed Howdershelt
    "A government big enough to give you everything you want, is big enough to take away everything you have."- Thomas Jefferson
  10.    #90  
    Quote Originally Posted by ClarenceCM3
    why are you so negatvie.
    I missed this. Is this a serious question? I dont have anything to be negative about? $2000 IS NO BIG DEAL? Well then paypal me the two grand Clarence and I'll stop being negative.

    Dude youre giving me a headache.
    “There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order.”
    — Ed Howdershelt
    "A government big enough to give you everything you want, is big enough to take away everything you have."- Thomas Jefferson
  11. #91  
    Quote Originally Posted by Woof
    You arent too bright are you? It's an insurance company not a software company. The Microsoft case is irrelevant. How many times do I have to say this. My issue is not with the company it's with the guy who got my laptop stolen. By your statements here and in other software related threads it seems as though you think all software should be free. Why don't you try to get and stay on the topic.
    Just ignore Clarence, his argument comparing your laptop to the government's failed attempt to force Microsoft to unbundle IE or WMP is so ridiculous it doesn't warrant a comment.

    And BTW Clarence, the only thing the US government is doing to "force" Microsoft to unbundle its apps is by giving you an easy wizard to "Set Default Apps" instead of defaulting to IE, Outlook Express, and WMP. They were not forced to unbundle those applications, all of which will be in Longhorn. Only the ridiculous EU is forcing Microsoft to offer Windows without WMP, and then has the audacity to reject the name Microsoft Windows Reduced Media Edition for the new OS. This is, of course, after 3 of the top 4 computer makers in Europe have already said they won't offer the stripped down OS on their machines....

    Back on topic.
  12. #92  
    My advice is from owning rental property including a mobile home park. I've seen and heard it all. This guy has no intentions on paying. If you started a payment plan, all he's doing is buying time to not pay. By being tough and saying only that you'll take the $2000 now, he'll either find the money through family or friends or quit.

    Quote Originally Posted by ToolkiT
    I disagree, as long as the term is not too long. by letting him pay of it terms you may avoid having to take it to court.. better get your money slower than not at all or making costs for a law suit..
  13. #93  
    Yeah, I agree stay away from the payment plan..
  14. #94  
    Quote Originally Posted by Joebar99
    Yeah, I agree stay away from the payment plan..
    Yeah...and stay away from mobile home parks unless you like tornadoes
    Well behaved women rarely make history
  15. #95  
    Quote Originally Posted by clairegrrl
    Yeah...and stay away from mobile home parks unless you like tornadoes
    I'm in Florida and it luckily escaped two hurricanes! But, hey - I didn't say I'd live in one!
  16. jkoons's Avatar
    Posts
    215 Posts
    Global Posts
    217 Global Posts
    #96  
    Quote Originally Posted by larry91403
    I don't know about this... Common sense says don't leave valuables in your car. The laptop should have been on his person - not unattended in the car.
    And, as an ex LEO, how many cases have you had similar to this one? I've seen way too many to count. Sure, common sense says don't leave valuables in your vehicle (or at least put them in the trunk and out of view), but I guess 'common sense' forgot to say that to Dan, and about a million other people who have fallen victim to the same thing.

    Quote Originally Posted by larry91403
    YAY for Dan. But he shouldn't be rewarded for that. That is the least he could have done. He should have had the laptop with him.
    I don't believe I ever said Dan should be rewarded. You and I both know a crack head will smash a car window without provocation and/or reason. They'll look for money and valuables, and, hey, if he finds a laptop....BONUS! Sure, he should not have left the laptop in the car. I don't know what kind of vehicle Dan has, I don't know where this incident occured, but that plays a role as well.

    Quote Originally Posted by larry91403
    BTW - how many things came accross the NCIC printer that you actually read??? Would you really have paid attention to stolen laptop?
    If the laptop were to turn up in a recovery effort or if it would happen to be seen in someone's posession, at least the record of the incident is in NCIC. I meant to convey that although the report may say "...this case has been closed due to the lack of investigative leads.....", there is still a record in NCIC, which is about all that any law enforcement agency could do at this point.

    Quote Originally Posted by larry91403
    Of course, if you happen to have dinner at his house and you notice a similar laptop running his quake server...
    See above....

    I think they should let a magistrate sort it out.
    Sprint PCS Treo 600 & 650
    Verizon Treo 700w
    www.James-K.com
  17. #97  
    While we're OT, I think that trailer parks should be banned anywhere there's even a remote possibility of a tornado or hurricane. They've obviously made with some sort of wind magnet, and hardly hold up to a stiff breeze.

    Reducing those in Florida would keep my homeowner's insurance rates from skyrocketing every time there's a hurricane that decimates a trailer park.

    OK, I'm ready to get back on topic again.
  18. #98  
    Interesting.
    I find your answers very true and interesting.

    While I am sure what you said is true up and down the street regarding cashing a check, it is equally untrue regarding depositing a two party check into your account. ANY bank will accept a two party check as a deposit. (yes it might be subject to float rules as determined by the bank rules). Of course their isn't any audit trail when you make him pay cash!

    With regard to the alledged theft being another place and another time, it should be very obvious by now that this duck hasn't changed his spots.........

    1. Cut your losses.
    2. Write off the loss on your taxes.
    3. Get about selling your products.
    Curt

    StarTAC ST7868W w/ Motorola StarTAC Clipon Organizer; Treo 600; Treo 700P; Palm Pre Plus all on Verizon
  19. #99  
    I own the mobile homes in the park and cannot get property insurance on them. I only have liability insurance. Therefore, if they had blown away, I'd be in deep dunk. I don't know the answer to the insurance question. When will they stop raising rates? After 911, I paid almost double insurance across the board for my rental property (sticks and bricks). They said the increase was because of the terrorist attacks. I'm at my renewal now and they are going up 18% because of the hurricanes. Next year they'll go up for another unknown reason. My homestead insurance has gone up 50% in three years.

    Quote Originally Posted by jmill72x
    While we're OT, I think that trailer parks should be banned anywhere there's even a remote possibility of a tornado or hurricane. They've obviously made with some sort of wind magnet, and hardly hold up to a stiff breeze.

    Reducing those in Florida would keep my homeowner's insurance rates from skyrocketing every time there's a hurricane that decimates a trailer park.

    OK, I'm ready to get back on topic again.
  20.    #100  
    Quote Originally Posted by curtarmy
    Interesting.
    I find your answers very true and interesting.

    While I am sure what you said is true up and down the street regarding cashing a check, it is equally untrue regarding depositing a two party check into your account. ANY bank will accept a two party check as a deposit. (yes it might be subject to float rules as determined by the bank rules). Of course their isn't any audit trail when you make him pay cash!

    With regard to the alledged theft being another place and another time, it should be very obvious by now that this duck hasn't changed his spots.........

    1. Cut your losses.
    2. Write off the loss on your taxes.
    3. Get about selling your products.

    I am sorry curt, I may have mispoke. When I was using the term "cash" in regards to the check that was signed over to me, I meant cash as in honor the check. The branch manager at this particular brach of Bank of America said they would not accept the check because they had no proof the signatures were actually those of the people named on the front. I was not looking for a cash in hand situation. I was attempting to deposit the check in my account and when filling out the deposit slip realized the bank may have a problem with the signatures on the back as those people were not there to prove who they were. The BM confirmed that without that confirmation they would not cash or deposit the check. He suggested I have the party the check was made out to cash it or deposit it in his own account and cut me a personal check.

    Thanks for your extensive knowledge about ANY bank. I will stop in at the BofA branch again sometime soon and let them know that in the future they will be taking two party checks.

    Do you always let people take advantage of you? Your solution to my problem suggests that you are either overly willing to accept consequences for others actions, place little value on your own property or have so much money that losing a couple thousand bucks is no big deal. If your neighbors borrow tools and never return them do you just smile and say oh well?
    “There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order.”
    — Ed Howdershelt
    "A government big enough to give you everything you want, is big enough to take away everything you have."- Thomas Jefferson
Page 5 of 8 FirstFirst 12345678 LastLast

Posting Permissions