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Old 01-05-2010, 11:58 AM
 
Location: California
243 posts, read 954,028 times
Reputation: 108

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I am taking a major US multi billion dollar corporation to small claims court for $ 1300.00. They refused to reimburse me for their errors.

I expected them to originally just settled with the threat of court as it may not be worth their time, but they agreed to accept a hearing before a judge. I have to admit I was surprised that they would see this in court and would use their outside corporate attorney. Given the conditions involved, I dont believe the attorney is aware of the details to the extent that I have them. I am extremely confident that I will win as I have all the supporting documents that I need. I do not have an attorney.

Problem. Aside waiting 10 weeks for the State of NH to process the paperwork, it is going to now be well over 2 months before there is a court date. The entire process is pushing 5 months.

I was toying with the idea of sending their counsel an offer to settle this out of court for $ 900.00. Problem is I am not sure how that would look to them ( viewed as weakness by me? ) and I am not sure if they would settle for $ 900

Financially it is a matter of getting $ 900 now... or $ 1300 later. I would take the $ 900.00. Possible I could loose? Of course.

Am I creating a problem for myself to offer to settle this? Is my settlement offer too high?

Thanks!
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Old 01-05-2010, 02:05 PM
 
Location: Castle Hills
1,129 posts, read 2,337,331 times
Reputation: 606
I think all things considered you should offer to settle with them for $900.00, and see what they say. If they say no, you can always then go to court later. Nothing to lose IMO.
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Old 01-05-2010, 06:46 PM
 
Location: California
243 posts, read 954,028 times
Reputation: 108
That is what I figured, but I am looking at the potential negatives.
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Old 01-05-2010, 07:04 PM
 
Location: Inland Empire, Calif
2,887 posts, read 4,816,010 times
Reputation: 2791
I will bet they wouldn't settle for a dollar... They will spend thousands to save hundreds. They are there to prove a point. They have the money, the power, and the time.. Any settlement they might except will be on the court house steps... To you, this is a really big thing, to them it's a date on the calendar, they probably already have several lawsuits scheduled. They have staff for that purpose..
I would plan on taking it all the way. they are waiting for you to chicken out and it sounds like you are well on the way to doing as they wish.
If you're right, go for it all the way. The first thing that happens when you get to small claims court, if both parties show up, the judge will order to both to go to a room with a mediator. They want to see it you can work it out with out appearing before the judge. Both parties present their evidence, and once you see what the other party has, one or the other may be ready to stop at that point. If no agreement can be reached, then you go back and wait for the judge.If you have all of your evidence, you will hopefully get a judgment.
Go for it, it's a fun, scary experience, just like anything new....
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Old 01-05-2010, 07:08 PM
 
1,097 posts, read 3,582,637 times
Reputation: 646
Not all courts use mediators. Be prepared for trial. It doesn't hurt to offer to settle, but it may just allow them to prepare better for trial, since their attorney will see everything you have. Their attorney is getting paid by the hour and won't believe he can lose against a pro se plaintiff.
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Old 01-06-2010, 05:35 AM
 
Location: California
243 posts, read 954,028 times
Reputation: 108
I have a a good amount of evidence to support my claim. As stated, I dont think they have any details aside what may be on my account from call in's. I am wondering is a letter offering a settlement, but stipulating that I have a evidence to support my side in detail.

Something to the effect of. If you dont wish to accept my claim, we can discuss the matter on the day of court. I have no problem providing the court with documentation to support my side of the case.

Of course I can see how this would be perceived as week too.
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Old 01-06-2010, 06:50 AM
 
Location: Castle Hills
1,129 posts, read 2,337,331 times
Reputation: 606
Quote:
Originally Posted by ShakyJ View Post
I have a a good amount of evidence to support my claim. As stated, I dont think they have any details aside what may be on my account from call in's. I am wondering is a letter offering a settlement, but stipulating that I have a evidence to support my side in detail.

Something to the effect of. If you dont wish to accept my claim, we can discuss the matter on the day of court. I have no problem providing the court with documentation to support my side of the case.

Of course I can see how this would be perceived as week too.
It doesn't matter if its perceived as weak or not. If they don't accept your offer, then you go ahead with the future court date and beat them in court. You have nothing to lose either way.
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Old 01-06-2010, 09:53 AM
 
Location: California
243 posts, read 954,028 times
Reputation: 108
Quote:
Originally Posted by ufcrules1 View Post
It doesn't matter if its perceived as weak or not. If they don't accept your offer, then you go ahead with the future court date and beat them in court. You have nothing to lose either way.

Good point
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Old 01-06-2010, 10:51 AM
 
3,553 posts, read 6,939,596 times
Reputation: 2314
Whichever way you go make sure that you spend some time in the court, BEFORE YOUR ACTUAL COURT DATE. This will make you familiar with the physical and the "feel" of the place.

BTW, do not send that letter you suggested. Whenever people would send me that type of letter I'd just laugh as I threw it in the shredder.

golfgod
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Old 01-06-2010, 04:45 PM
 
Location: Inland Empire, Calif
2,887 posts, read 4,816,010 times
Reputation: 2791
Do as you wish, but they WILL NOT axcept an settlerment offer. Going to court is what they do. They know you will wimp out....
Look at you, you're ready to cave already, you don't have a chance in court..! They know most people are too weak to fight, as soon as you make an offer to settle, they laugh and say, "Another weak loser..."!!!
If you don't go in like you plan to win, you have no chance. Either do it, or forget it.. Stand up and be a man, or forget it...!
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