AUDREY'S MISSILES A weekly newsletter dedicated to the peaceful reform of the United States government. THE SHERIFF'S SALE Once in a while the little guy wins one. In January of this year I had asked EARTHLINK to return the $119.70 which they had illegally removed from my bank account after I discontinued their service, but they ignored my registered letter. In March I won a judgement against them. With the court fees the debt was $211.70 at that point. I then consulted the small claims legal adviser on means of collection and found that there are a number of ways to go about collecting a judgement in California. The easiest way would have been to snatch it from their bank account! The problem there was to find that bank account. My bank could have told me but they would not. I was advised that I could write EARTHLINK a small check, wait until it came back, and then use the information on the cancelled check to locate the bank account. That might have worked, but I could not think of a reason to write such a check that would be convincing. There were alternatives. One alternative was the sheriff's sale. To me, that one was very interesting. The sheriff in Los Angeles County could be sent to the Pasadena office of EARTHLINK to inventory their computers to find out which ones that could be sold to satisfy the judgement. I opted for the sheriff's sale. It took a few weeks, but the sheriff did pay them a visit. Ah, then we finally got their attention! By that time, with all the collection fees added the amount they owed was $410.02! They paid immediately. I soon had a check in my hot little hand, and I took it to the bank and deposited it. I had to advance the collection fees, but I did get it all back. There are asset search services listed on the internet. The problem is that in the case of a small claim it probably would not be worth the fee that they charge. (One such firm charges $125 to locate a bank account on a no-hit, no-charge basis.) Big companies count on the fact that for a small sum of money a customer just will not do anything about their high handed ways of operating. In my case I think the request for payment was probably put in the round file. At any rate, in a case involving so little money they are not likely to send a representative when the it comes up for trial. Therefore, if the plaintiff can make a respectable case before the judge it will not be contested and a judgement should be ordered in his favor. EARTHLINK and America On Line both make discontinuing their services difficult. In fact, America on Line even had the gall to ask for the last four digits of my Social Security number! They immediately dropped the request when I refused to give it to them. Happily, I am now disconnected from both services, and my October bank statement shows no withdrawal for on line services. Watch your bank too....when you ask for them to stop payment they may try to have you sign a statement that absolves them of all liability! Oh what the big fellows won't do! It is open season on consumers! http://www.fullsearch.com/asset.html (National) http://www.regnum.com (International) Many others listed under <asset searches>. READ THIS NEWSLETTER AND THEN GIVE IT TO A FRIEND. No copyright on the content of AUDREY'S MISSILES is claimed since it is our hope that the information in this newsletter will be copied and distributed widely. Topics covered are those which are not adequately treated on TV or in the press. If you live in the 209 calling area end a request to 209 847-7588 for a free fax subscription. E-mail is free anywhere. Paid subscriptions are not accepted. Comments may be sent to [EMAIL PROTECTED] 11/10/00 (Lawsuit) ========================================================================== [EMAIL PROTECTED] is an moderated maillist about government reform. To join or leave send e-mail to [EMAIL PROTECTED] TO: [EMAIL PROTECTED] Subject: -------------------------------------- (un)subscribe audreys-missiles Visit http://www.uwsa.com Support UWSA.COM at http://www.uwsa.com/UWSACOMintro.html
