Oh, one more thing.
DISCLAIMER: I AM NOT A LAWYER. ALL ADVICE THAT MIGHT BE CONSTRUED AS
LEGAL ADVICE IN THIS FORUM IS OFFERED PURELY FOR ENTERTAINMENT PURPOSES
ONLY. SEEK A LAWYER'S COUNSEL IF YOU ARE IN NEED OF ACTUAL LEGAL ADVICE.
Sorry, the lawyers can get kind of nasty about engineers that offer
legal advice without law degrees.
-Adam
On 8/31/2012 11:08 AM, Adam Jacobs wrote:
Correct, small claims must be filed in the state of the merchant/seller.
However, most states/municipalities will allow filing by affidavit if
you don't live there. Call the Philadelphia municipal courthouse and
ask for their information packet regarding filing small claims from
out of state. It's really not hard at all. Small claims court is our
right as citizens, I think that more people ought to use it. .. and it
is ok to only file for the limit (whatever the limit happens to be in
that municipality... in Seattle it is more like $3500).. as long as
that is your _actual damages_. You are not allowed to seek punitive
damages in small claims.
I wouldn't bother with superior court, if that is what you are getting
at with the lawyer comment. Not necessary for this case and not a good
idea.
If the seller makes threats about how he's going to ask for a change
of venue and he has a lawyer, and he's going to screw you over if you
try it.. just remain calm and keep it in small claims. Don't let him
bully you. He's not allowed to bring a lawyer to small claims and if
he asks the judge for a change of venue to superior court, simply
explain that the change in venue is not necessary and that you would
be disadvantaged by the change.. you wouldn't be able to plead your
case as well there.. and that you object to the change in venue.
(shrug).
It's your money, man. But if it was _me_, I'd at least go through the
motions to try to retrieve it.
-Adam
On 8/31/2012 10:49 AM, micha...@aol.com wrote:
USA
Philidephia
Small claims must be filed in the state of the Merchant/Seller.
Issue is that small claims are $1500 limit (varies by state).
Lawyer will file for any amount; however, they take 30%
The $ amount (after fees) is riding right on the cusp of deciding
which way to go about it.
It all doesn't matter for the forum. I just wanted to give warning
about the current set of tubes posted for sale on ebay. :)
Michail
In a message dated 8/31/2012 10:08:37 A.M. Pacific Daylight Time,
a...@jacobs.us writes:
Michail,
Was this seller a domestic (USA) seller? If so, then you can
normally sue for your damages in small claims by affidavit.
If they're a ukrainian seller... well, good luck.
-Adam
On 8/31/2012 8:49 AM, micha...@aol.com wrote:
The first videos are here.
http://www.youtube.com/user/michailrw/videos
Rest of the videos were on FTP for the seller only. Other
videos were to test the tubes one after the next and labeling.
Tested in Pete Hand FLW, the Coggwheel, and the MOD6. About
half also retested in a smartsocket. Got tired of retesting all
the tubes when I realized there were not going to be replaced.
Michail
In a message dated 8/31/2012 12:49:14 A.M. Pacific Daylight
Time, nixci...@jsdesign.co.uk writes:
On 31 Aug 2012, at 07:34, micha...@aol.com
<mailto:micha...@aol.com> wrote:
Just thought I would give warning on B7971 Tubes being sold
on ebay.
I even took video (youtube so that Ralph could see) of
opening some of the boxes and testing directly from the box
Could we see your youtube video please?
John S
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