User Tag List

Informational! Informational!:  0
Likes Likes:  0
Page 1 of 3 123 LastLast
Results 1 to 8 of 19

Thread: Small claims court....

  1. #1
    Admin- I'm growing CPs in the Desert of Tucson, Az. adnedarn's Avatar
    Join Date
    Jul 2001
    Location
    Tucson, Arizona USA
    Posts
    8,432
    Mentioned
    6 Post(s)
    Tagged
    1 Thread(s)

    Small claims court....

    Hello all I'm looking for a little bit of "legal" advice here. I'm kinda reaching but any help would be, uh.. helpful. haha

    Back when I purchased these forums the software was quite a few versions out of date. And since it wasn't just one version the upgrade wasn't going to be so "easy" so I hired the tech support of that software to do the upgrade. First off it took forever for him to even start. Once he did start it took him no time at all to get it done (I know that cause I was talking to him on AIM while he did it). So then he was supposed to get back our visual preferences (colors, icons etc) and never did. Which ended up not mattering because the upgrade didn't work. While it looked good, and stuff worked for the users, mods and admins were not able to make any changes. (It would have been bad if some spammers got in or something at that time...) So I contacted him again to get it looked at, he spent about 10 mins and told me the software wouldn't work on my server. Now, I didn't change servers... He said it worked before, and not now because "Before, the software was very insecure and allowed it to work even though it shouldn't have." Well, I don't have cheep server access for this forum, dare I say possibly one of the best offered. So, I think he was just being lazy. (Note: official the fee charged was for a year of technical support, which included software upgrades that came out within that year. The upgrade is all I really cared about though...) So, he took about 10 mins to put the old version back on. Although all of our visual settings (colors, smilies, icons everthing) was gone. So really, what was the point in staying? That's when I went and started test driving other forum softwares and ended up with this one. Which is not free software like the old forum was... But it was nicer, and CURRENT! So, I did the upgrade to this software and migrated all the information...

    Now back to the service I bought... in the FAQ it says:
    #2 Do you offer a a money back guarantee? (yes with 2 "a"s)
    Yes! *** offers a 30 day money back guarantee on all *** accounts....

    So, within that time frame, I've basically had nothing done anyway.... I have been denied a refund on my account. Then they agreed to give me a part of it, and then again denied anything. (I was even told the check was in the mail a few times...) I brought in their local BBB but these guys were not members so they just tried to mediate the situation... But the company just shrugged it off and the BBB has no authority anyway.

    So, I've come to the end, where I feel these guys are wrong. I could really not care less about the money at this point (heck that was 7 months ago!) but I don't Think they should go on thinking they can do business like this.

    They are in another state, can I just file a small claims here in my city? Do I have to go to their city? Can I just go to one of those "TV" small claims court things? Do they pay my travel to get there and everything, or do I have to?

    Any answers opinions would be MUCH appriciated!!!
    Andrew
    -Andrew
    Owner of TerraForums, FlyTrapShop.com, and cpforums.org.
    Support FlyTrapShop, support TerraForums! www.flytrapshop.com

  2. #2
    Hello, I must be going... Not a Number's Avatar
    Join Date
    Nov 2006
    Location
    Los Angeles, CA
    Posts
    7,506
    Mentioned
    5 Post(s)
    Tagged
    0 Thread(s)
    Grand Hotel... always the same. People come, people go. Nothing ever happens.

  3. #3
    Stay chooned in for more! Clint's Avatar
    Join Date
    Apr 2003
    Location
    Metro Atlanta Area
    Posts
    9,681
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Erm, unless it costs more than a grand or so for their service I'd just let it go. Unless it's some honor thing you want to do, then I'd still let it go.

    I don't know anything about small claims but I can say that in a real lawsuit (well I shouldn't say that) you can sue for your attorney's fees, including his travel expenses if you choose to, or if he/she goes on contingency he/she may choose to include it with the percent he takes from you as a fee, or rather charge a higher percentage.

  4. #4
    Admin- I'm growing CPs in the Desert of Tucson, Az. adnedarn's Avatar
    Join Date
    Jul 2001
    Location
    Tucson, Arizona USA
    Posts
    8,432
    Mentioned
    6 Post(s)
    Tagged
    1 Thread(s)
    Oh, and also, most of this was on their "ticket system" and they started deleting stuff. So I started screen shoting stuff. So, I do have most of it (including them saying the check is on the way) and it wasn't but a few days after I started asking why the check had not arrived yet, they deleted my account... So, I dont' even have an account with them, if it DID want to still use the service since they're keeping my money!

    nan- I'll check that link out, thanks.
    JLAP- in small claims there are no lawyers allowed etc. So there is just the cost of the paperwork ($14 here I think)
    -Andrew
    Owner of TerraForums, FlyTrapShop.com, and cpforums.org.
    Support FlyTrapShop, support TerraForums! www.flytrapshop.com

  5. #5
    Admin- I'm growing CPs in the Desert of Tucson, Az. adnedarn's Avatar
    Join Date
    Jul 2001
    Location
    Tucson, Arizona USA
    Posts
    8,432
    Mentioned
    6 Post(s)
    Tagged
    1 Thread(s)
    Well, not so promising... from notanumbers link:

    If a defendant has no contact with your state, you'll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.


    -Andrew
    Owner of TerraForums, FlyTrapShop.com, and cpforums.org.
    Support FlyTrapShop, support TerraForums! www.flytrapshop.com

  6. #6
    Stay chooned in for more! Clint's Avatar
    Join Date
    Apr 2003
    Location
    Metro Atlanta Area
    Posts
    9,681
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    No lawyers allowed? Hell if there are no lawyers I say go for it if you really feel like going through the trouble instead of taking a loss.

    You could always use this as en excuse to see some new places. Maybe you could write off some of the traveling expense on your taxes? I don't know how deductions like that work as I've never paid taxes.

  7. #7
    Hello, I must be going... Not a Number's Avatar
    Join Date
    Nov 2006
    Location
    Los Angeles, CA
    Posts
    7,506
    Mentioned
    5 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by adnedarn View Post
    Well, not so promising... from notanumbers link:

    If a defendant has no contact with your state, you'll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.


    "In some instances, you also may be able to sue in the location (court district) where a contract was signed or a personal injury occurred (such as an auto accident). Check with your small claims clerk for detailed rules."
    Grand Hotel... always the same. People come, people go. Nothing ever happens.

  8. #8
    Let's positive thinking! seedjar's Avatar
    Join Date
    Dec 2004
    Location
    Olympia, Washington
    Posts
    4,064
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Might I suggest calling/visiting your municipal courthouse and inquiring there? They would at least be able to tell you what you need to do.
    ~Joe
    o//~ Livin' like a bug ain't easy / My old clothes don't seem to fit me /
    I got little tiny bug feet / I don't really know what bugs eat /
    Don't want no one steppin' on me / Now I'm sympathizin' with fleas /
    Livin' like a bug ain't easy / Livin' like a bug ain't easy... o//~

Page 1 of 3 123 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •