Sued Apple in small claims........and won

[IamDeMan 5,000+ posts]

honor
good luck collecting, it'll take a while.

yup

 

[slick rick 10+ year member]

What should his next step be?

wipe his behind with the judgment...thats the sad truth of the matter.

 

[dragnix 5,000+ posts]

wipe his behind with the judgment...thats the sad truth of the matter.

papercut on your *** ftl

 

[IDSkoT 5,000+ posts]

The Apple customer service here (Miami) isn't bad at all. I've taken in my busted headphones, gotten new ones... and I have the first third gen click-wheel [no color screen] and it recently died... and they replaced it [hooray extended warranty!]

The "Geeks" are always nice and courteous... I don't have a complaint...

Now T-Mobile's another story //content.invisioncic.com/y282845/emoticons/pissed.gif.9f665f96bc89e98e708dabd4580bb591.gif

I broke my Sidekick... sent it in, paid for express shipping since I needed my phone [it was Spring break...] they sent me one that worked... 'till you try to charge it. It didn't charge-- at all. I originally thought I blew my cigarette lighter fuse again. Then I sent it back, and they sent me another one [after a 3 day wait] whose screen was fubar'd. I sent it back... now I have one whose screen will randomly mess up and forces you to restart the phone... and other times it'll just turn off. No warning or warrant. //content.invisioncic.com/y282845/emoticons/pissed.gif.9f665f96bc89e98e708dabd4580bb591.gif I might send it in again... who knows what I'll get next?

 

[ebrunn 10+ year member]

Yeah, I was expecting to wait awhile to get the money.

 

[slick rick 10+ year member]

Yeah, I was expecting to wait a while to get the money.

awhile...consider the $90 lost a cheap lesson learned the hard way.

 

[ebrunn 10+ year member]

awhile...consider the $90 lost a cheap lesson learned the hard way.

O, I'm getting my money.Not gonna let them win.

 

[slick rick 10+ year member]

O, I'm getting my money. Not gonna let them win.

Keep us posted on the progress. Until then good luck my friend. Make sure not to waste more $ on legal fees than the damages you wish to receive. //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif

 

[ebrunn 10+ year member]

Keep us posted on the progress. Until then good luck my friend. Make sure not to waste more $ on legal fees than the damages you wish to receive. //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif

Thanks. Im working on this with my dad. He's in law enforcement and has had expierence with this kind of stuff in the past.

 

[slick rick 10+ year member]

Good, well to give a decent starting point consider this federal rule of civ pro: FRCP 4(h)(1)

that service on a corporation may be made by giving the papers to "an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process."

Your information on the proper service of process was ambiguous.

 

[Flipx99 5,000+ posts]

If we somehow figure out a way to pwn Apple out of $750....it will be amazing

 

[slick rick 10+ year member]

If we somehow figure out a way to pwn Apple out of $750....it will be amazing

If I had endless time on my hands and no finals to study for, perhaps I could blister my hands on Lexis to find some case law...but I doubt there is any. //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif Don't get me wrong its fun to "stick it to the man", but trying to make apple admit wrong to a dented iphone is borderline impossible to do for under $750...unless you attempt a design defect, or manufacturing defect products liability claim(or even a breach of an implied warranty of merchantability)...which will still fail faster than BMX's thread about this topic.

 

[Flipx99 5,000+ posts]

If I had endless time on my hands and no finals to study for, perhaps I could blister my hands on Lexis to find some case law...but I doubt there is any. //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif Don't get me wrong its fun to "stick it to the man", but trying to make apple admit wrong to a dented iphone is borderline impossible to do for under $750...unless you attempt a design defect, or manufacturing defect products liability claim(or even a breach of an implied warranty of merchantability)...which will still fail faster than BMX's thread about this topic.

I'd figure they would have to pay since the OP has been awarded judgement. It isn't like they do not possess the capability to pay.

 

[ebrunn 10+ year member]

Think if they dont pay I can:

If you know where the party banks or works, deliver the writ of execution to the sheriff's office with a specific list of property or bank accounts which belong to the debtor, or the name of the debtor's employer. (Some assets are exempt from collection.) With sufficient information and the writ of execution, the sheriff can "levy" the debtor's property. This means the sheriff will actually take the items you have identified. However, the sheriff cannot break into the debtor's home to collect an item subject to levy. If the sheriff is unable to levy the assets within 180 days after the sheriff receives the writ, the writ will be returned to you "unsatisfied.

So if I read that right, I can tell the sheriff to go to the Apple store at the Mall of America and take $750 worth of iPods.//content.invisioncic.com/y282845/emoticons/laugh.gif.48439b2acf2cfca21620f01e7f77d1e4.gif

 

[slick rick 10+ year member]

I'd figure they would have to pay since the OP has been awarded judgement. It isn't like they do not possess the capability to pay.

They most likely never received proper service of process(meaning they never knew this petty lawsuit was alive to begin with)...if all law suits worked this way whats the point of defense counsel? This is like picking up a random person off the street and sending them off to the State pen for no reason...never informed of their charges let alone had a proper defense to them. Plus, who really knows if that court had proper jurisdiction.