I need an attorney for a 928 problem in TN
#31
Craic Head
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I wonder if there's some way to have a proxy instead of an attorney just show up as your representative in the area.
If that's something that is allowed (like a VERY limited power of attorney), maybe someone in the area can be there to answer the charges and show the judge he's a nutjob and here is a copy of all of the crackpot comments he posted about you online.
Alternately maybe a letter back to him or his attorney from another attorney stating that all he has to do is post a public apology and agree to cease and desist from his public smear campaign and YOU will agree not to counter sue.
I actually went through the small claims court process once and I never did get to present my case to the judge. They make every attempt to get you to go through mediation before the judge will actually hear the case. That means several different appearances and several hours each time just waiting for everyone's names to be called and then having everyone involved asked several times if there is ANY way to resolve it. It's a very frustrating war of attrition that he is betting you don't have the time, money or more likely inclination to fight.
His upside: (you give up and pay) he gets 'vindicated' for his crusade if you pay
His downside: (you fight in court and eventually win) he gets to drag you through the process, costing you at least what the original part cost, most likely much more
Your upside: (you fight and inevitably win) you potentially win the case, having spent more to defend your name and prove he's a crackpot, but at a price of much more than it would have cost to placate him
Your downside: (you give up and pay) you end up just paying him the original amount, and kissing that money goodbye, knowing that was the least expensive to your wallet and your peace of mind.
At this point I don't think he can win unless somehow you can avoid court by pre-empting this thing from playing out. The only way I think this can work is if you go on the offensive and prove to his attorney that you can win an independent libel case.
I wish you luck with this. When this crap starts, everybody takes a bath except the lawyers.
If that's something that is allowed (like a VERY limited power of attorney), maybe someone in the area can be there to answer the charges and show the judge he's a nutjob and here is a copy of all of the crackpot comments he posted about you online.
Alternately maybe a letter back to him or his attorney from another attorney stating that all he has to do is post a public apology and agree to cease and desist from his public smear campaign and YOU will agree not to counter sue.
I actually went through the small claims court process once and I never did get to present my case to the judge. They make every attempt to get you to go through mediation before the judge will actually hear the case. That means several different appearances and several hours each time just waiting for everyone's names to be called and then having everyone involved asked several times if there is ANY way to resolve it. It's a very frustrating war of attrition that he is betting you don't have the time, money or more likely inclination to fight.
His upside: (you give up and pay) he gets 'vindicated' for his crusade if you pay
His downside: (you fight in court and eventually win) he gets to drag you through the process, costing you at least what the original part cost, most likely much more
Your upside: (you fight and inevitably win) you potentially win the case, having spent more to defend your name and prove he's a crackpot, but at a price of much more than it would have cost to placate him
Your downside: (you give up and pay) you end up just paying him the original amount, and kissing that money goodbye, knowing that was the least expensive to your wallet and your peace of mind.
At this point I don't think he can win unless somehow you can avoid court by pre-empting this thing from playing out. The only way I think this can work is if you go on the offensive and prove to his attorney that you can win an independent libel case.
I wish you luck with this. When this crap starts, everybody takes a bath except the lawyers.
#34
Official Bay Area Patriot
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Courtshark has a great point. I think he's just sabre-rattling right now with his attorney. It would be too costly to sue over a $200-something dollar headlight. Legal fees alone would trump that total.
#37
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Too bad it's not in Georgia rather than Tennessee. Georgia takes abusive litigation pretty seriously.
The Georgia legislature created a new tort that may be used as a defense by plaintiffs or defendants. It is a tort for abuse of the judicial process. It occurs when a party brings a claim or asserts a defense with malice and without basis for it in law or fact.
The Georgia legislature created a new tort that may be used as a defense by plaintiffs or defendants. It is a tort for abuse of the judicial process. It occurs when a party brings a claim or asserts a defense with malice and without basis for it in law or fact.
#41
The Parts Whisperer
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Thanks for all the help. I've had lots of great support off line and will take the advice of the many professionals that have offered.
In some ways I feel like I was sucker punched in a bar and 1,000 good friends jumped in,
thank you
In some ways I feel like I was sucker punched in a bar and 1,000 good friends jumped in,
thank you
#42
Mark:
I have not delt with you much....but you need to realise that according to threads i have read, other people have been sucker punched by their car and you were there to jump in and help.
To use Andre's phrase You have paid it forwards.......... lots!
Best wishes
Geoff
I have not delt with you much....but you need to realise that according to threads i have read, other people have been sucker punched by their car and you were there to jump in and help.
To use Andre's phrase You have paid it forwards.......... lots!
Best wishes
Geoff
#43
Burning Brakes
Join Date: May 2001
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Mark, you've been fair and honest with this crowd for years, it's not like we'd support just anyone. You have earned our trust and respect by just doing what you've done all these years. Quality parts, first rate advice, bend over backwards customer service. We thank you.
Hell, just watching you have over a second a lap on the 911 crowd at Laguna Seca is enough to have won my support.
Cheers and give 'em hell Mark.
Hell, just watching you have over a second a lap on the 911 crowd at Laguna Seca is enough to have won my support.
Cheers and give 'em hell Mark.
#45
Burning Brakes
Join Date: Oct 2008
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Well, I'm no attorney, but I do know a good hitman....
(just kidding, obviously. Don't want that jackass to sue me too)
(just kidding, obviously. Don't want that jackass to sue me too)
As many of you might have seen the ugly thread Friday regarding an unhappy customer of mine, it now looks like I need an attorney. The customer is in Brentwod TN if that matters. If you can be of any help or have a suggestion please PM me.
Thanks for all the support I saw on that thread. It meant a lot to me. I was on my bicycle most of the day but read it all later that day.
Thanks for all the support I saw on that thread. It meant a lot to me. I was on my bicycle most of the day but read it all later that day.