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Mackieman Dec 3, 2009 8:01 am

I'm mystified that you get more than once chance to show up. In any event, take it to em, Seth.

Anglo Large Clawed Otter Dec 3, 2009 8:04 am


Originally Posted by xyzzy (Post 12918193)
Yes -- If you don't show, you lose by default.

I don't know how it works in Nueva York, but perfecting a Default Judgment in Texas is no easy feat. Even the smallest technical glitch in service or other procedural aspects will render it void.

I'm hoping sbm12 doesn't encounter any :rolleyes: trying to collect.

rolov Dec 3, 2009 8:04 am


Originally Posted by sbm12 (Post 12918212)
Wirelessly posted (BlackBerry9630/4.7.1.40 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)

Turns out someone did show up. They immediately requested a postponement of 3 months. We "agreed" on 6 weeks. Back in court at the end of January. :rolleyes:

What a bunch of :rolleyes:

Mackieman Dec 3, 2009 8:05 am


Originally Posted by sbm12 (Post 12918212)
Wirelessly posted (BlackBerry9630/4.7.1.40 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)

Turns out someone did show up. They immediately requested a postponement of 3 months. We "agreed" on 6 weeks. Back in court at the end of January. :rolleyes:

So lame. Anything you can do to further build your case in that time?

sbm12 Dec 3, 2009 8:07 am

Wirelessly posted (BlackBerry9630/4.7.1.40 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)


Originally Posted by xyzzy

Originally Posted by gbryan84 (Post 12918178)
Do they have to pay if they no show?

Yes -- If you don't show, you lose by default.

Not entirely true, at least in NYC. Here if the other party no-shows you still have to make a claim in front of an arbitrator and they can deny you though it is apparently very rare.

My initial claim was for $2500 based on the cost to replace the tix. With this delay of the trial the cost is likely to go up. I wonder if I can increase the claim.

I spoke to the atty in the elevator. The copy of the service notice she had was particularly illegible, to the point that it did not seem possible to read my claim. She had to ask me what the claim was. That was somewhat fishy.

Anyways, I'm now sitting outside enjoying the sun on this ridiculously beautiful morning.

Anglo Large Clawed Otter Dec 3, 2009 8:07 am

Hosers. Like they need that time for a simple breach of contract claim. They're just stringing you along.

uncertaintraveler Dec 3, 2009 8:09 am


Originally Posted by sbm12 (Post 12918212)
Turns out someone did show up. They immediately requested a postponement of 3 months. We "agreed" on 6 weeks. Back in court at the end of January. :rolleyes:

Ridiculous.

Could you not have "agreed" to a 10 minute postponement?


Originally Posted by Anglo Large Clawed Otter (Post 12918258)
Hosers. Like they need that time for a simple breach of contract claim. They're just stringing you along.

^

sbm12 Dec 3, 2009 8:09 am

Wirelessly posted (BlackBerry9630/4.7.1.40 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)


Originally Posted by Anglo Large Clawed Otter
Hosers. Like they need that time for a simple breach of contract claim. They're just stringing you along.

I know. I almost said something to the effect of "I'm not going away" in the elevator but restrained myself. The look on her face when I said "no" so bluntly to the March date request was classic.

uncertaintraveler Dec 3, 2009 8:11 am


Originally Posted by sbm12 (Post 12918253)
My initial claim was for $2500 based on the cost to replace the tix. With this delay of the trial the cost is likely to go up. I wonder if I can increase the claim.

Just don't go over the money limit for your court to have jurisdiction over your claim.

sbm12 Dec 3, 2009 8:13 am

Wirelessly posted (BlackBerry9630/4.7.1.40 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)


Originally Posted by Mackieman
I'm mystified that you get more than once chance to show up. In any event, take it to em, Seth.

Each side gets one adjournment as a "freebie" and then subsequent ones only if there is actually a good reason. They used their one - I can't fault them for that - and the next date should be for real.

GTITAN Dec 3, 2009 8:13 am


Originally Posted by Anglo Large Clawed Otter (Post 12918258)
Hosers. Like they need that time for a simple breach of contract claim. They're just stringing you along.

+1. They're testing him to see his determination. So special on their part ....:rolleyes::rolleyes:

Anglo Large Clawed Otter Dec 3, 2009 8:13 am


Originally Posted by uncertaintraveler (Post 12918278)
Just don't go over the money limit for your court to have jurisdiction over your claim.

This is key. As you are in (I believe) small claims court, any judgment over the jurisdictional limits of the court would be void and unenforceable. :-:

Anglo Large Clawed Otter Dec 3, 2009 8:16 am


Originally Posted by sbm12 (Post 12918291)
Each side gets one adjournment as a "freebie" and then subsequent ones only if there is actually a good reason. They used their one - I can't fault them for that - and the next date should be for real.

There's a difference between good faith and a showing of good cause. All actions performed before the Court must be done in good faith. If you really wanted to screw with her, you could have asked on what good faith basis she sought the continuance. She probably would have come up with something, but again, the look on the face would have been priceless.

MBM3 Dec 3, 2009 8:19 am

6 weeks is enough time to get all of the 'Box attorneys to show up for some pro bono support work. :cool:

Mackieman Dec 3, 2009 8:21 am


Originally Posted by MBM3 (Post 12918321)
6 weeks is enough time to get all of the 'Box attorneys to show up for some pro bono support work. :cool:

I know next to nothing about the practice of law but it would be :eek::o:cool: to see sbm12 walk in with five or six lawyers.


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