Sky Warner Posted April 3, 2003 Report Share Posted April 3, 2003 The defendants didnt show. Got a default judgment against them for it.I am currently in negotiatopns with the company who now wants to arrange a settlement.Funny how they didnt wanna do this in December Link to comment Share on other sites More sharing options...
Sky Warner Posted April 3, 2003 Author Report Share Posted April 3, 2003 Here is the latest.. they called me today to inform me that they would pay me $1000 to vacate the judgment, if I dont agree to that they are going to have their lawyers move for a continuance and then I may get nothing.If the judge grants them the continuance..I am going to be EXTREMLY FURIOUS as they didnt show for the pre-trial.Keep ya postedUPDATE 4-4The judge talked with me this morning and said they could NOT get a continuance, only file a motion to vacate the judgment.And since they are a company, they mustfile the motion in court and must have counsel.Me thinks they are going to spend more money on lawyers defending themselves now then the case is actually going to cost them.<shrugs> [Edit by Sakiawarner on Friday, April 4, 2003 @ 06:38 AM] Link to comment Share on other sites More sharing options...
admin Posted April 4, 2003 Report Share Posted April 4, 2003 You never know - it could just be a threat. I'd see what happens. They may piss off the judge and then you'll get more! And by the way, congrats! Link to comment Share on other sites More sharing options...
Sky Warner Posted April 4, 2003 Author Report Share Posted April 4, 2003 Well I talked to them again today. They are going to fly a lawyer down here to file a motion to continue the case. They are in New York, I am in Indiana.I talked to the judge this morning and he told me there is no way to continue a small claims case, all they can do is file a motion to vacate.. which at that point it would send it back to trial status.Can you believe they are going through this much trouble.They really are going to spend more to defend the case then they would if they settled. Link to comment Share on other sites More sharing options...
cookiemnster Posted April 4, 2003 Report Share Posted April 4, 2003 <blockquote>Originally posted by SakiawarnerWell I talked to them again today. They are going to fly a lawyer down here to file a motion to continue the case. They are in New York, I am in Indiana.I talked to the judge this morning and he told me there is no way to continue a small claims case, all they can do is file a motion to vacate.. which at that point it would send it back to trial status.Can you believe they are going through this much trouble.They really are going to spend more to defend the case then they would if they settled.</blockquote>Does Indiana allow attorneys in small claims? Link to comment Share on other sites More sharing options...
Sky Warner Posted April 5, 2003 Author Report Share Posted April 5, 2003 Yeah they do but I dont know if I will go that route yet.I think they are trying to stall and make me settle for less than the $3000.I have been sitting in front of the computer all day searching for caselaw and FTC opinions and Federal Court Cases.I just cant believe they are actually going to fly lawyers down here to Indiana from New York to argue a freaking 3000 case..the air fair alone is prolly gonna be $400.Eh..Its their money.. I dont mind fighting them, I want to teach them to stop ignoring the little people.And I'm greedy :cheesy: :cheesy: :cheesy: Link to comment Share on other sites More sharing options...
Ravenous Wolf Posted April 16, 2003 Report Share Posted April 16, 2003 I have worked in a number of corporate environments and I have observed that if there is plenty of left over cash in a departments budget, they will not hesitate to spend it. Link to comment Share on other sites More sharing options...
kb9tbq Posted April 16, 2003 Report Share Posted April 16, 2003 SakiawarnerHere is wishing you the best of luck in your case against them. Link to comment Share on other sites More sharing options...
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