Cellular phones topics - Re: Going to small claims court tomorrow against Sprint; any suggestions?

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Re: Going to small claims court tomorrow against Sprint; any suggestions?

NadCixelsyd

2007-08-21, 10:33 pm

I sued Sprint long distance two years ago in Waltham small claims
court. They pretty much ignored me before the trial. I think they
were trying to give me the go-away-little-boy approach in the hopes
that I would get discouraged and go away. Well, I did, and we settled
in the halls of the courthouse before the trial started.

Another possibility: They know they're wrong and they have no
intention of attending the trial. They're counting on you to not show
up so that they win by default.

Please keep us informed.

Jonathan Kamens

2007-08-21, 10:33 pm

I'm actually sort of hoping they don't show up tomorrow. If
I win by default and then they refuse to pay, I can hire a
bailiff to walk into any Sprint-owned store in the area and
confiscate property to auction off to pay the judgment plus
the bailiff's fee. I think that would be sort of fun.

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Donald Newcomb

2007-08-21, 10:33 pm

"Jonathan Kamens" <jik@kamens.brookline.ma.us> wrote in message
news:fafkh3$dd4$1@ji
k2.kamens.brookline.ma.us...
> I'm actually sort of hoping they don't show up tomorrow. If
> I win by default and then they refuse to pay, I can hire a
> bailiff to walk into any Sprint-owned store in the area and
> confiscate property to auction off to pay the judgment plus
> the bailiff's fee. I think that would be sort of fun.

Many years ago I read of a small claims case where a tenant sued his
landlord over something. Landlord ignored the suit and lost. Tennant had
sheriff sell the apartment building to pay the debt. No one else showed up
for the sale. Tennant bought the apartment building for petty cash. Ended up
evicting the landlord. Who knows, you could end up owning Sprint. ;)

--
Donald R. Newcomb
DRNewcomb (at) attglobal (dot) net

Usenet2007@THE-DOMAIN-IN.SIG

2007-08-22, 4:33 am

In article <fafkh3$dd4$1@jik2.kamens.brookline.ma.us>,
jik@kamens.brookline.ma.us says...
> I'm actually sort of hoping they don't show up tomorrow. If
> I win by default and then they refuse to pay, I can hire a
> bailiff to walk into any Sprint-owned store in the area and
> confiscate property to auction off to pay the judgment plus
> the bailiff's fee. I think that would be sort of fun.

I seem to recall a case where someone sued either the Russian
government, or just their US embassy. And won. So he walked in,
and grabbed a couple of electric typewriters. But that was all
he managed to get out of them.

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Donald Newcomb

2007-08-22, 10:33 pm

<Usenet2007@THE-DOMAIN-IN.SIG> wrote in message
news:MPG. 21357397ecbf462d989c
f5@nntp.aioe.org...
> I seem to recall a case where someone sued either the Russian
> government, or just their US embassy. And won. So he walked in,
> and grabbed a couple of electric typewriters. But that was all
> he managed to get out of them.

There was a case in Canada where the Soviet government owed a printing bill
related to the Montreal Expo. The printer sued the Soviet Union but could
not collect against their embassy because of diplomatic immunity. They took
the court order down to the port and siezed a Soviet merchant ship. The bill
was paid. In this case, the Soviet Union was viewed as one corporation for
commercial purposes.

--
Donald R. Newcomb
DRNewcomb (at) attglobal (dot) net

Evan Platt

2007-08-23, 10:33 pm

On Tue, 21 Aug 2007 21:13:07 +0000 (UTC), jik@kamens.brookline.ma.us
(Jonathan Kamens) wrote:

>I'm actually sort of hoping they don't show up tomorrow. If
>I win by default and then they refuse to pay, I can hire a
>bailiff to walk into any Sprint-owned store in the area and
>confiscate property to auction off to pay the judgment plus
>the bailiff's fee. I think that would be sort of fun.

Not that simple, IIRC. (Been there done that). There's a process you
need to go through.

I believe the first option would be taking money from the cash
register, but no, it can't be a sprint store - it would have to be
sometihng at the Corporate HQ.

I'm pretty sure the law protects companies to the point where you
couldn't do anything at the store level.
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Jonathan Kamens

2007-08-23, 10:33 pm

Evan Platt <evan@theobvious.espphotography.com> writes:
>Not that simple, IIRC. (Been there done that). There's a process you
>need to go through.

Yes. It's documented at
<http://www.mass.gov/courts/courtsan.../wonsccase.html>.

>I believe the first option would be taking money from the cash
>register, but no, it can't be a sprint store - it would have to be
>sometihng at the Corporate HQ.

No, it doesn't. Any property owned by the defendant that can
be identified can be seized by a constable and sold to pay the
judgment plus the constable's fee. I wouldn't be able to ask
a constable to seize property owned by a Sprint franchise,
since the franchises buy their merchandise from Sprint and
then sell it so it isn't actually owned by Sprint, but I would
certainly be able to ask a constable to seize anything in a
Sprint-owned store. If Sprint owns the store, then Sprint
owns the property in it, and it can be seized.

>I'm pretty sure the law protects companies to the point where you
>couldn't do anything at the store level.

I'm pretty sure you're wrong, at least for Massachusetts. You
appear to be familiar with the laws in California, not
Massachusetts. They do not necessarily bear any relation to
each other.

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