Need Advice Quickly... Please help.... (any Lawyers in the house?)

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Ylen13

Banned
Sep 18, 2001
2,457
0
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I will disagree with advice that they should know where u are so that u can defend your self. Not sure if court process is difference then in Los Angeles, but the last time I got sued in small claim court we got notified by court official that came to my house and gave me the paper that said I was being sued. I would also advice to stop all communication with them and basically let them sue you if they feel like. They want the money for motherboard? Correct? In Los Angeles it cost $25 to file a lawsuit in small claim. The board max cost let say $150 not sure which one u put in. It's a year old so it depreciated to around $90-$25(which usually court will not refund the fee for filling the papers) so if they win they will get $65
 

aphex

Moderator<br>All Things Apple
Moderator
Jul 19, 2001
38,572
2
91
Originally posted by: yamahaXS
Don't worry about it. just go ahead and document everything and wait for them to serve you.

:(
 

aphex

Moderator<br>All Things Apple
Moderator
Jul 19, 2001
38,572
2
91
Originally posted by: Ylen13
I will disagree with advice that they should know where u are so that u can defend your self. Not sure if court process is difference then in Los Angeles, but the last time I got sued in small claim court we got notified by court official that came to my house and gave me the paper that said I was being sued. I would also advice to stop all communication with them and basically let them sue you if they feel like. They want the money for motherboard? Correct? In Los Angeles it cost $25 to file a lawsuit in small claim. The board max cost let say $150 not sure which one u put in. It's a year old so it depreciated to around $90-$25(which usually court will not refund the fee for filling the papers) so if they win they will get $65

They want to sue me for the cost of getting their computer fixed locally, since i dont live in the area (300 miles away) and cant fix it until monday..... They are demanding that i fix it tommorow (a day that i have 3 final exams).
 

KK

Lifer
Jan 2, 2001
15,903
4
81
Originally posted by: aphex
Ok heres what im gonna do...

Send her an email tommorow morning restating the facts, and still offering to check out the computer in person as a favor next week, and that i cannot and WILL NOT provide further service.

Don't even do this favor, you'll regret it. Her boyfriends an ass.

KK

 

Renob

Diamond Member
Jun 18, 2000
7,596
1
81
Send her an email tommorow morning restating the facts, and still offering to check out the computer in person as a favor next week, and that i cannot and WILL NOT provide further service

Your crazy, I would tell them to take a hike!
 

Ylen13

Banned
Sep 18, 2001
2,457
0
0
Originally posted by: aphex
Originally posted by: Ylen13
I will disagree with advice that they should know where u are so that u can defend your self. Not sure if court process is difference then in Los Angeles, but the last time I got sued in small claim court we got notified by court official that came to my house and gave me the paper that said I was being sued. I would also advice to stop all communication with them and basically let them sue you if they feel like. They want the money for motherboard? Correct? In Los Angeles it cost $25 to file a lawsuit in small claim. The board max cost let say $150 not sure which one u put in. It's a year old so it depreciated to around $90-$25(which usually court will not refund the fee for filling the papers) so if they win they will get $65

They want to sue me for the cost of getting their computer fixed locally, since i dont live in the area (300 miles away) and cant fix it until monday..... They are demanding that i fix it tommorow (a day that i have 3 final exams).

well that is not reasonable expectation that they can request. As if u send your comp to hp it will take them 2 month to fix it under warrenty. So basically if they sue you just tell the judge under agreement u told them u were will not be fiixing comp after 90 days and told them that you offered to fix it but what they requested was not reasonable.
 

Ylen13

Banned
Sep 18, 2001
2,457
0
0
Originally posted by: Renob
Send her an email tommorow morning restating the facts, and still offering to check out the computer in person as a favor next week, and that i cannot and WILL NOT provide further service

Your crazy, I would tell them to take a hike!

agree totally
 
Jan 18, 2001
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Originally posted by: aphex
Originally posted by: yamahaXS
Don't worry about it. just go ahead and document everything and wait for them to serve you.

:(

My point was that they WON'T serve you, and if you do, then you have your ducks in a row. Either the guy is bluffing, or he is a complete dumbass!
 

TDY2KN01

Senior member
Apr 30, 2000
297
2
81
This story remind me of my experience. I built a computer for my dad's friend. It was on working condition when I delivered to his house. About 6 month or so passed by, he called and ask why his computer restart randomly, so I decided to test it and find out the mobo was the problem. He agreed to pay for the cost of the replacement. However, during that first 6 month, his childrens kept calling me for "How-To" question. The dad even ask me how to clear internet history because he has visited some naughty place and it made that as his default homepage. Two week later, he ask me the same thing.


Anyway, I remember this story about Tom's Hardware suing this college student who made an editorial on AMDMb. It made alot of noise. Im not too sure, but i remember that he wasnt sue because they later find out that college student cant be sue. I dont remember that correctly. Good luck to u.
 

Greyd

Platinum Member
Dec 4, 2001
2,119
0
0
Not to be mean here or anything, but it sounds like you are being WAYYYYY to nice to them. I agree with your position 100% They are being TOTALLY unreasonable and this whole threatening to sue thing is ridiculous. You consider them friends? You don't need friends like this. Don't stress yourself over someone who calls themself a "friend" who is obviously not.
 

aphex

Moderator<br>All Things Apple
Moderator
Jul 19, 2001
38,572
2
91
Now that ive had some time to think, you are all correct.

1) She knew FULL WELL that i was attending college and there would be NO WAY i could ever fix her computer the NEXT DAY. They both know that i have 3 finals today, graduation on saturday, moving on sunday/monday, and im starting my new job wednesday. Also, the warranty did not state an amount of time for any of the parts to be fixed.
2) Their demands are unreasonable, i even offered to drive 300 miles to fix it this monday, but they would not agree.
3) No where in the warranty did i state that i would even fix it, only that each part comes with its own manufacturers warranty. If they didnt understand that, its not my fault.
4) According to what he stated last night, her boyfriend/husband said that its been doing this for 6 months. Impossible. If true, why would i have documentation of emails from last month asking me to to build them ANOTHER computer.
5) The computer is not being used in the environment i built it for/installed it into. I installed it into her home as a personal computer, and now its being used at work as a server for 4 other computers apparently.
6) They have admitted to changing certain parts in the compter and using devices i did not install with the computer.

I have made my offer to them on the phone last night, i will no longer contact them regarding this issue. Its really sad that it has come down to this considering i used to consider her my friend, but i guess some people were just born to be assholes to any and everyone they come into contact with.

Thanks to them, i have NO DESIRE to ever build a computer again. EVER. My hobby has become more of a burden than something enjoyable, and frankly im sick of it.

:(
 

Exactly. Your assertions are spot-on. Cease further contact with them. If they email you, say, "Get your own RMA. I am ceasing further contact with you as my client."

If they sue you, you'll win. Then again though, they'll probably end up taking their computer to a shop and getting it fixed. They're not gonna sue you.
 

imported_Papi

Platinum Member
Nov 15, 2002
2,413
0
0
Originally posted by: aphex


When i mentioned this to him, he said that his wife was not informed of this at the time of purchase and that he assumed Manufacturer meant me. I am positive i explained this to her before i delivered the computer. Im just worried that since i dont have the invoice handy (believe me, im looking), i wont have any room to fight...

What should i do?

This should have been your first indication that they are flat out stupid people. Do you make mobo's in you basement? If so..... we all want deals ;)

I don't think they will sue you. It's just all talk to scare you. Sounds like they are grasping at straws to try and manipulate you into getting them a new motherboard for free and installing it. The cost for a lawyer or just having to go through even small claims court has to exceeds the amout of a motherboard. They wold really, really have to be two stupid people meant for eachother.
 

DaiShan

Diamond Member
Jul 5, 2001
9,617
1
0
Originally posted by: aphex
My main problem is, my laptop (which had my copy of the invoice) was sent to dell when i had a problem and the hard drive came back clean (i.e. i dont seem to have a copy of the invoice)...

Now i am POSITIVE that i stated that all parts come with the manufacturers warranty (i think i even went as far as to list each part specifically and how long the warranty was, i.e. 1yr/3yr) No where on the invoice did i say an amount of time acceptable for me to fix the computer, nor did i say i would even be responsible for fixing the computer. Only that each part carried its own warranty.

When i mentioned this to him, he said that his wife was not informed of this at the time of purchase and that he assumed Manufacturer meant me. I am positive i explained this to her before i delivered the computer. Im just worried that since i dont have the invoice handy (believe me, im looking), i wont have any room to fight...

What should i do?

Ok, you don't have your copy of the invoice, that is fine, all you do is say, ok lets go over this invoice piece by piece, email me a copy of the invoice and a note explaining which line shows where I owe you a warranty, then you have a copy of the invoice to dispute him with and you are golden.
 

DaiShan

Diamond Member
Jul 5, 2001
9,617
1
0
Originally posted by: MisterJackson
Ask them to fax you a hard copy of the original invoice in the meantime.

Dude, just tell them you need them to fax it over because you need to review it to see if anything can be done about a mobo replacement. Say nothing more, and nothing less. You technically won't be lying to them, and you should get just what you need. Tell them without it you cannot help. If they ask why you can't use your copy, tell them the carbon copy faded and some numbers are questionable:).

BTW, sounds like this guy is too f'ing cheap to even take you to small claims court. Don't sweat that.

BAAAAADDDD idea very very bad, if he wants to get a copy of that invoice he would be insane to tell them that his copy is no longer usable. That is basically telling them they can take him for a ride by providing any invoice they like.
 

DaiShan

Diamond Member
Jul 5, 2001
9,617
1
0
Originally posted by: aphex
Ok heres what im gonna do...

Send her an email tommorow morning restating the facts, and still offering to check out the computer in person as a favor next week, and that i cannot and WILL NOT provide further service.

I really really wouldn't do that, as soon as you open the computer if anything else goes wrong besides the motherboard you are responsible for it. Just tell them that their 90 day guranatee has passed and that if they wish they can sue you and you will see them in court.
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
I wouldn't even go there anymore. They've already shown that they're not trustworthy. If you go there, you're just asking for trouble. Don't touch their computer at all.
 

DurocShark

Lifer
Apr 18, 2001
15,708
5
56
Originally posted by: dabuddha
I wouldn't even go there anymore. They've already shown that they're not trustworthy. If you go there, you're just asking for trouble. Don't touch their computer at all.

Besides, you have no way of knowing if the boyfriend will get physically violent!

I'd take a pass on that (and I can defend myself). Not worth the whole NEW mess that would cause even if the guy's 4'1" and 90lbs.

 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
Originally posted by: DurocShark
Originally posted by: dabuddha
I wouldn't even go there anymore. They've already shown that they're not trustworthy. If you go there, you're just asking for trouble. Don't touch their computer at all.

Besides, you have no way of knowing if the boyfriend will get physically violent!

I'd take a pass on that (and I can defend myself). Not worth the whole NEW mess that would cause even if the guy's 4'1" and 90lbs.

Exactly!
 

aphex

Moderator<br>All Things Apple
Moderator
Jul 19, 2001
38,572
2
91
Originally posted by: DurocShark
Originally posted by: dabuddha
I wouldn't even go there anymore. They've already shown that they're not trustworthy. If you go there, you're just asking for trouble. Don't touch their computer at all.

Besides, you have no way of knowing if the boyfriend will get physically violent!

I'd take a pass on that (and I can defend myself). Not worth the whole NEW mess that would cause even if the guy's 4'1" and 90lbs.

Hes about 6' and close to 250 (possibly even 275). He's a big guy.
 

spliffstar69

Golden Member
Oct 10, 2000
1,826
0
76
Call there bluff there not going to take this to court.

They threaten you with legal action to get you moving on there problem.

I say go about your normal routine take your exams and move out like you were going to do.


Thanks to this and a few other threads im not building PCs others except for family now.

I got this friend who wants me to build 3 PCs for people and i can make like 200ea but im not sure if its worth it.
I built one system for him and I get calls like every week. WTF :|
 

aphex

Moderator<br>All Things Apple
Moderator
Jul 19, 2001
38,572
2
91
Originally posted by: spliffstar69
Call there bluff there not going to take this to court.

They threaten you with legal action to get you moving on there problem.

I say go about your normal routine take your exams and move out like you were going to do.


Thanks to this and a few other threads im not building PCs others except for family now.

I got this friend who wants me to build 3 PCs for people and i can make like 200ea but im not sure if its worth it.
i buld one system for him and i get call like every week for example how do i burn a Cd in nero. WTF :|

Im not even kidding, IT IS NOT WORTH IT. I've even decided not to build computers for relatives, i just cant deal with tech support with my buzy life. And believe me, when they want it, they will come to you.
 

DaiShan

Diamond Member
Jul 5, 2001
9,617
1
0
Originally posted by: aphex
Originally posted by: spliffstar69
Call there bluff there not going to take this to court.

They threaten you with legal action to get you moving on there problem.

I say go about your normal routine take your exams and move out like you were going to do.


Thanks to this and a few other threads im not building PCs others except for family now.

I got this friend who wants me to build 3 PCs for people and i can make like 200ea but im not sure if its worth it.
i buld one system for him and i get call like every week for example how do i burn a Cd in nero. WTF :|

Im not even kidding, IT IS NOT WORTH IT. I've even decided not to build computers for relatives, i just cant deal with tech support with my buzy life. And believe me, when they want it, they will come to you.

Yep, I'm thinking about doing a little tech support/new builds in college, but I am going to have a waiver just like compusa, that absolves me from any responsibility even if I am grossly negligent while working on their computer. And a clear written warranty.