From: Bill Morrow (penzance_at_gate.net)
Date: Mon Nov 04 2002 - 21:16:22 EST
in florida, you can subpoena records and witness' and i 'm sure that that is
available in most ANY court, small claims division..
the judge won't like it if it appears to be punitive rather than to be used
to make your case..
discovery and interrogatories are NOT allowed in florida.. other stats will
vary..
i personally like the local lower civil court over the small claims division
because you can move things along faster on occasion..
in the case of Adre' vs. IBM it might be different as they will paper you
to death with motions..
and of course you can do the same..
being a non-lawyer faced with a corporate lawyer representing IBM a judge
will most likely give you more leeway than a lawyer..
in short, in this case, small claims might achieve the result you want..
which is a quick, favorable and reasonable resolution..
but try reason with a 2nd level support manager or beyond before resorting
to court..
and don't threaten court..
but make notes..
<------------------------------->
Cordially, :-)
Bill Morrow
WEB page http://thinkpads.com
thinkpads.com Open Forum
http://www.afaonline.com:8080/webboard/$webb.exe/~2/login?
or go to thinkpads.com and link from there
E-Mail: bill at thinkpads dot com
----- Original Message -----
From: "Bruce Markowitz" <scosgt_at_worldnet.att.net>
To: <letoured_at_together.net>; <thinkpad_at_stderr.org>
Sent: Monday, November 04, 2002 8:47 PM
Subject: Re: [Thinkpad] Re: EZ Serv insanity update 1
> You can't really subpoena anything in Small Claims Court (at least, not in
> this State)
> However, you can sue them for the purchase price of the machine, plus
> punitive damages, in Civil Court.
> ----- Original Message -----
> From: <letoured_at_together.net>
> To: <thinkpad_at_stderr.org>
> Sent: Tuesday, November 05, 2002 7:36 PM
> Subject: Re: [Thinkpad] Re: EZ Serv insanity update 1
>
>
> > In <200211041525.25170.andres_at_msu.edu>, on 11/04/02
> > at 03:25 PM, "STeve Andre'" <andres_at_msu.edu> said:
> >
> > >Hi Paul,
> >
> > >I told them that the people on this list were interested in the outcome
> of
> > >this. The person didn't seem very interested in that.
> >
> > >Yes, it is unacceptable. I don't see much recourse however, other than
> > >talking to others, higher up in IBM and letting them know how bad a
> business
> > >decision this is.
> >
> > >For me, the way IBM handled this is just as bad as the policy.
> >
> > >I'm trying to see if I have the right tools here at work to pop the
unit
> open
> > >with, so I can see my new-founded biological hazard. If people are
> > >interested, I'll try to make some photos available.
> >
> > I think I'd play shit head right back -- you can;t fight city hall, but
> you
> > can burn it down. I'd go to small claims court, and issue a subpoena
for
> all
> > the information they have related to a "offensive or biological hazard,"
> > including the records on your machine, their policy and notes on the
> policy
> > that anyone in IBM has, the training given to technicians, the training
> > records of the tech involved, etc. -- It ought to make them think
> > cost-cost-cost, and maybe smarten up a little when they figure out it
will
> > cost 5 or 10 grand delivering information before the trial date is even
> set.
> >
> >
> >
> >
> >
> >
> >
> > >--STeve Andre'
> >
> > >On Monday 04 November 2002 03:14 pm, Paul wrote:
> > >> STeve, Where I have owned three ThinkPads and have always been
pleased
> with
> > >> their customer support and EZ Serv service, I was very surprised to
> hear
> > >> what happened to you. That they referred to an "offensive or
biological
> > >> hazard" with your computer and returned it with NO specific
> information,
> > >> and are then making you WAIT is IMHO unacceptable!
> > >>
> > >> Did you let IBM know you're on this internet list and there are MANY
> people
> > >> awaiting the outcome?
> > >>
> > >> Paul
> > >>
> > >> > I have now contacted a problem resolution center at
> > >> > IBM to deal with my issue of an "offensive or biological
> > >> > hardard" impaired ThinkPad.
> > >> >
> > >> > At this point all I have been able to do is lodge my
> > >> > complaint. I have been told that within three business
> > >> > days someone at IBM should be contacting me about
> > >> > this.
> > >> >
> > >> > I am also led to believe that my waranty is voided at
> > >> > this point, because of the alledged problem inside my
> > >> > laptop.
> > >> >
> > >> > I really don't know what to say at this point. I'm going
> > >> > to have to wait it seems, 'till I can talk to someone at IBM
> > >> > who might take an interest in keeping a customer.
> > >> >
> > >> > I feel somewhat punctured right now, and my years of
> > >> > belief (and personal money spent) in IBM's reputation is
> > >> > pretty tattered at this point.
> > >> >
> > >> > I don't expect to hear from IBM until next Tuesday or
> > >> > Wednesday but till report further then on what I encounter.
> > >> >
> > >> > --STeve Andre'
> >
> >
> >
> > --
> > -----------------------------------------------------------
> > letoured_at_together.net
> > -----------------------------------------------------------
> >
>
>
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