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Xanathos

Xan's first actual day in court

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Well, the computer place I was suing didn't even show up, so I got a default judgement, though they still made me present evidence for some strange reason...nobody else did.

I won, but not for the amount I would have liked...that judge is a bitch! Anyhow, they wouldn't give me the treble damages under the Consumer Protection Act--she wouldn't even listen to arguments on how they violated it--and I didn't get the lost wages(which I didn't figure I'd get).

So anyhow, judgement in favor of me :p. BUT...any way to do an appeal of it? I'd really like those treble damages, and I know full well I'm entitled to them. I brought a copy of the TCPA with me and had highlighted every violation of it this place had committed...I didn't even get to discuss it :(

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Way to go Xan! Now all you have to do is collect. I haven't heard of someone appealing a win, but maybe you could refile under that statute. I'm sure Calawyer will be around to advise you. Congrats on the win.

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The first thing you have to believe is anything this side of a goose egg is a win! In the abstract, it sounds to me like you had a good Judge. Making sure that the damages on a default judgment are on the up-and-up is something many consumers here who have had a default taken wish the Judge had done.

As for the appeal, the issue will be whether the Judge had discretion to award trebles or whether it was mandatory upon a certain showing you were supposed to make. Can you send me a link to the statute?

PS. Nice going (again).

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It's kind of a pain to get to, but the link to the Consumer Protection Act is at http://www.state.tn.us/consumer/lawInstr.html#consumeraffairslaw . Then you just follow the instructions on that screen, click the link(which takes you to another page) and there it is.

I feel they violated 47-18-404 (a), (4), (6), (7), (9), (19), (21), (27), 34, 34 © and 34 (1), and that I'm entitled to treble damages as outlined in 47-18-109 (a)(1), (2), and (3)

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Dang. That section was hard to find.

Sorry to say so Xan, but this statute is loaded with discretion. Count the number of times the word "may" is used. If it makes you feel any better, I bet the Judge thought your argument was so brilliant, the statute precluded her from awarding treble damages:

If the court finds that the use or employment of the unfair or deceptive act or practice was a willful or knowing violation of this part, the court may award three (3) times the actual damages sustained and may provide such other relief as it considers necessary and proper.

(4) In determining whether treble damages should be awarded, the trial court may consider, among other things:

(A) The competence of the consumer or other person

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No, she was just a real bitch :p. She asked where my actual damages stemmed at, so I listed off the price of the system, shipping, etc...she asked for shipping invoices, so I provided what I had from UPS(FedEX doesn't offer invoices to my business, so I brought tracking logs off their site). Her response: "What, I'm just supposed to believe you when you say it cost this much?". I'm sitting there with a veritable mountain of evidence showing that I'm not trying to take anybody for a ride, the defense doesn't even SHOW UP, and this woman is trying to tell me she has no reason to believe me? Screw that.

Eventually, got her to agree to all the shipping charges, proven or otherwise, just to get me out of the courtroom, but couldn't wear her down beyond that.

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