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O/T small claims court

SD1959

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I need to file against Acer Computer. Trying to find who/where legal dept is w/o much success. Should I just have the papers sent to their corporate office and let them figure it out?
Thanks,
Sd
 

Quad-smack

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Send it to their main address and put ATTN: Risk management / Legal dept.
 

zolte

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Many states require service of process ie mailing is not good enough. Check the rules.
 

SD1959

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I would check it over real well as suggested. You want to follow the rules closely to avoid any errors or loopholes. Are you using an attorney?
Good advice. No attorney. Want repair or replacement of a laptop. It's less than a year old and many of the keyboard keys are wearing out. They say: "It's cosmetic and does not affect performance". Sure, if you have photographic memory. A woman supposed to be a supervisor in the home office went so far as to say: "Well, you've always got another option. You could take a paintbrush or white marker" which at this point I interrupted her and asked if this was typical of how they stand behind the quality (or lack there of) of their products? I was SO pissed. Thing is, I've got an Acer that's a great value. Other than the keyboard, her's is too.
Sd
 

zolte

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SD: When I say "service of process," I generally mean a third-party, for example a sheriff or a business that serves lawsuits, must personally hand it to a designated agent of the company who signs for it.

Many states require that type of service of process versus mailing (even certified mail).

These days many companies have a designated agent in each state.

You might be able to find out who the designated agent is on-line. But you would still need to hire someone to hand deliver the complaint/lawsuit and get the signature. A lot of sherrifs serve lawsuits as a side business. It might cost you $30-$50 bucks depending on the distance they have to travel to serve the complaint/lawsuit.

If there is no in-state agent the service usually has contacts in other states, for example the state where corporate headquarters resides, so that service of process can be done that way. Find out how much it would cost first.
 

fitnessjess

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do you realize that by the time you spend the money to send all this shit, not to mention if it ever does go to court the work time youll lose will equal out to be more than if you just took your computer to some shop and got the keys replaced? do you also realize they have attorneys on retainer who know how to do things like file motions and introduce evidence properly, while you dont even know where to mail the paperwork too, who are going to cut you up real nice in the courtroom. a small claims suit over some keys being worn down? negro please.
 

SD1959

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do you realize that by the time you spend the money to send all this shit, not to mention if it ever does go to court the work time youll lose will equal out to be more than if you just took your computer to some shop and got the keys replaced? do you also realize they have attorneys on retainer who know how to do things like file motions and introduce evidence properly, while you dont even know where to mail the paperwork too, who are going to cut you up real nice in the courtroom. a small claims suit over some keys being worn down? negro please.
Filed against HP for a video chip that completely fucked my prior laptop. Before it went to court, they "settled" at $1,000 (I sought triple damages) for a $425 laptop. There were a number of bad machines that eventually went to a class action. Got way more and long before they were forced to be responsible. $40 to file and a few bucks to send. Yes, I realize they've got pros on retainer but it's small claims and it costs THEM a pretty penny per hour of an attorneys time. I've got a pretty good clue of what I'm doing.
And what the is the n**** please comment? Are you that ignorant?
 

bloodshed

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Filed against HP for a video chip that completely fucked my prior laptop. Before it went to court, they "settled" at $1,000 (I sought triple damages) for a $425 laptop.
A lot of companies will do this for smaller claims, as it costs them more to send someone out there then it does to just settle it with you.
 

SD1959

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A lot of companies will do this for smaller claims, as it costs them more to send someone out there then it does to just settle it with you.
Absolutely. My issue with HP could have been solved for what probably would have cost them a hundred or so. They'll jerk you around at all levels of customer service figuring most will give up. I'm guessing that whatever they paid me got written off anyway!!
 
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richiec

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Filed against HP for a video chip that completely fucked my prior laptop. Before it went to court, they "settled" at $1,000 (I sought triple damages) for a $425 laptop. There were a number of bad machines that eventually went to a class action. Got way more and long before they were forced to be responsible. $40 to file and a few bucks to send. Yes, I realize they've got pros on retainer but it's small claims and it costs THEM a pretty penny per hour of an attorneys time. I've got a pretty good clue of what I'm doing.
And what the is the n**** please comment? Are you that ignorant?
That was for a video chip tho, not keyboard keys. The video chip could have damaged personal information, possibly leaked to the net (hypothetically speaking) which could have resluted in much more punitive damages, so they extinguished the potential flames quickly.

Class action lawsuit benefit 1 person, the attorney. If they win $2 million, they will keep AT LEAST 1/2, many times they keep more, then they have to dispurse the rest to hundreds, maybe thousands of people in the suit. Good luck in getting your problem resolved
 

PeterBobJohn

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Goto your state's judicial branch website, they will have a small claims guide for pro se plaintiffs
typically certified mail is OK to the agent for service of the corporation,
goto your state's secretary of state's website to determine who the agent for service is for the corporation you are suing.
PBJ
 

SD1959

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Goto your state's judicial branch website, they will have a small claims guide for pro se plaintiffs
typically certified mail is OK to the agent for service of the corporation,
goto your state's secretary of state's website to determine who the agent for service is for the corporation you are suing.
PBJ
Will do. Thanks!
Sd
 

PeterBobJohn

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small claims is typically capped at about $5,000 in damages
If the defendant files a counter claim or removes to Superior COurt you are up the creek and need a lawyer as you will get lost in the procedural mire at that level
 

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