HELP!!! Being Sued And Don't Know Why!
Help! I'm being sued by a call center company. I used this company back in 1996, after 1 week, I realised that they never answered my calls.
So I dropped them, and used another company. Now, they're suing me for $1600.00, claiming failure to pay for services rendered. It's small claims court, right here in NYC.
I have no invoices, no contracts, nothing leftover from this transaction. Moreover, I never signed a contract to begin with. I dealth with them over the telephone, and I paid them for the week that they had my business.
A "competent" lawyer will charge me $500 to handle this, and I'd rather not pay that.
I don;t owe this money, but Ive never been to small claims court.
Can anyone give me any advice how to proceed?
If you truly did not sign a contract or agree in any way other than the services you paid for upfront, then I don't believe they have a leg to stand on.
How did they come up with that figure?
You do not need to hire an attorney. Just go and tell what happened. They have the burden of proof to show why you owe the money. Just be sure to contact the court and answer the summons and have a court date set and show up. You do not want a default judgement for not answering or appearing.
Good LUCK and HAPPY HOLIDAYS
Hope this helps some
Ted Jr
I've got the date set, and I've spoken to the clerk. She told me that they don't need to prove anything to bring suit. Yesterday, I recieved an invoice from this company, that simply says
"Services from 7/1996 to 11/2003."
$1639.27
I got this invoice yesterday, and I have the envelope with the postmarked date. I tried contacting the company, left two messages, and have not heard anything in over two weeks.
I've heard "burden of proof" but what does that mean? Wouldn't an invoice be proof? They have one. I mean, I could write a phony invoice as well.
I'd just hate to show up, and then they'll have this invoice, and they judge will simply tell me to pay it. Can that happen? Should I countersue or something? I've never been sued like this before.
Seven Years later and they are looking for Money???? Explain youor case to the Small Claims Judge and I am sure you will prevail. I would also think there is a time frame a suit must be filed within. You may want to check with the Small Claims Court and try to find out what that time frame is, then tell the answering service to take a hike.
Just my 2 cents
If they never returned your calls how were you able to cancel their service?
If you paid $500 for one week how is that they say you owe $1600 for 7 years?
Did you actually get any service from them for the $500? If not counter sue them for that amount. Make sure you try to get a canceled check or invoice from when you paid them.
This company sounds like a real scam. Stick it to them.
What kind of company is it??
"Never mind" - Rosanne Rosannadanna
I read closer.
Go to court and fight!!!
Tell the judge your side and make them prove you owe the money as stated above.
ALso, you should know that the statute of limitations in New York for Oral and Written contracts is 6 years.
Even if you owed the money it's a pretty good bet the judge would dismiss due to expired SOL issues.
You should be able to easily defend yourself on this laughable claim.
Send or take a signed, but printed letter to the clerk and file it in this case.
The letter should state that it's an Answer to the Complaint.
The letter should state that, not only is the claim barred by NY Statute of Limitations, because it's so old, but also the Plaintiff/Petitioner has the burden of proof...both these things are already known to any kind of competent or experienced judge.
Also you should be aware that the Clerk was absolutely right...anybody CAN bring a lawsuit against anybody else and can make any sort of claim they might want...and no burden of proof is required to just file it....
BUT, if you contest, then they DO have to prove their case, prove it's not barred by NY SOL, etc.
You say that they did not perform during the period when you gave them an opportunity to earn your business. Texas has a deceptive trade practice statute allowing recovery of treble damages when a service or product is falsely represented. I don't know if NY has a similar statute and you may need an attorney to pursue that type of argument but it might be interesting to file a counter-suit against the leaches.
If you just want to save your valuable time and be done with it, perhaps you may fill out the papers, send them a copy and tell them you will file if they don't withdraw their suit immediately.
Shakespeare was right about lawyers.
Good luck,
Warren
I'd ask them for a copy of your contract and any other pertinent info by sending a registered letter to the address on the papers. That will give you a little more credibility when/if you appear.
The best option is for you is to concentrate hard on hoping that they drop the case because if they don't the judge is ... you heard John.
That's a joke and this is true: The game that company play is typical NY game of making money by scam. Some smart ass came up with the idea that in 8 years many people would be not on the same address "last know". Being unreachable, you lose by default ... but that's not your story. Your story is that you used the service and you never canceled it so there is a bill and lets se who proves what... Surprised that they didn't write you off...
And if you think that's the problem what you have on hand, look what was just discovered in subject2 forum:
We need your help! Someone from suny Florida is selling John$Cash$Lockey+ James Bayfield course bundled together for $39.00. Hey, that's over $500.00 worth of courses for $39.00! That's not fair. However, John here got some true friends that doesn't sleep, making sure the perpetrators are brought to justice. At this moment, I am suggesting that everyone clicks on the link and gets to the auction below to send the perpetrator message in protest of this unfair business competition.
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=3574620577
Dear TCI friends, at this time I can only say that we got a witness who regretfully bought the disc and wasn't to happy with it, so even if you are not 100% loyal to this forum, DO NOT SUPPORT perpetrator by ordering this disc. Say NO to perpetrator:"
I attempted to buy a DVD from them that said it was the orginal. When I got
it it was a bootlegged copy that was missing some scenes, and the seller
claimed they had no idea. They then sent me another one exactly like it by
mistake after they said they only had one. They are just selling fakes.
Apparently I wasnt the only one who had a problem, and I filed a fraud suit
against them through ebay. If you don't mind buying a fake, more power to
you, they will send it to you, just be careful. Good Luck.
Christym13
================ ===========[ Edited by omega1 on Date 12/25/2003 ]
I've heard "burden of proof" but what does that mean? Wouldn't an invoice be proof? They have one. I mean, I could write a phony invoice as well.
The "burden of proof" (hurdle) in civil court is set at a proponderence of the evidence which I have had defined as anything over 50%. Some courst use "clear and convinving evidence" which is more like 70% and criminal cases require "beyond a reasonable doubt" which is 90 - 95%.
UPDATE:
My court date came, I showed and the plaintiff did not. Instead, they called and said that they had the flu. So it's been postponed for a couple of weeks.
I own a business, and I've got a guy who works for me (my foreman) who's an ex- heavyweight boxer - 6'5" 275, and fully tattooed. I sent him to their office to deliver a letter and get copies of invoices or contracts, and find out the story.
He said that the lady who sued me claimed she didn't know who I was, and that it was in fact her collection agency who sued me- not her. He politely thanked her, and told her that it would behoove her to drop the suit. She said she didn't file it, that she didn't have any records, and that we shoudl talk to her collection agency. So, he got their address, went to the collection agency, and scared a few people there, but got nowhere.
So, now I've got a date scheduled for january, and I'm just going to have to go again. Maybe I'll postpone this time.
They have no contracts that I signed, I never met the people. I paid them, and have copies of the canceled checks.
I'll keep you updated.
The business owner had to pass the info to the collection agency correct? I think she is holding out. But the time limitations should of ran out. Goto court the judge will probably throw it out especially if you have been at the same residence all of this time. Please request proof of mailing if they say that they have been sending you letters concerning the matter.
See if you can get a front&back copy of your old $500 canceled check. You never know what use you can make of it to trip up the plaintiff.
Investigate www.creditboards.com, www.crediinfocenter.com's discussion forum, and www.creditnet.com ... search particularly on the word "litigious" ... you could wind up making some money on this case.
Don't postpone. Demand the plaintiff prove its case on the day the trial is set...and remember to object to any "hearsay"...anything that somebody else is supposed to have said.
Your employment of the big tattood ex-boxer reminded me of the time the little timid wife of a friend of mine called me about the mental distress she was suffering because of being harrassed by some collection co. while her husband was out of town.
I told her that while I could send them a lawyer's letter, demanding they stop harrassing her, it might be better to have her husband call me and we could figure out a more practical alternative.
You see, her husband, we'll call him Joe, was widely known as THE KILLER (fictitious to protect his/their confidentiality) was a professional wrestler, weighed about 300 & had muscles in every conceivable place.
When he got back in town he did call me, and I told him it was my suggestion that he call the collection guy, tell him who he was harrassing, and suggesting to him that if he wanted to continue to live happily and troublefree, he'd immediately desist bothering his poor little wife.
Joe was, in truth, about as timid as his little wife, but he agreed he would do as I suggested.
I heard later from another friend, that Joe had indeed done that, and that it so shook the collector that he had left his office that day in a panic, shaking like a leaf...but that he had indeed quit calling the little wife...as he didn't want to have Joe come calling on him, for any reason!
So your friend may have had the same effect on the named plaintiff and she might now want to NEVER show up!