From: Bruce Markowitz (scosgt_at_worldnet.att.net)
Date: Mon Nov 04 2002 - 21:21:41 EST
I have not worked in small claims for many years, but from my recollection
in NY...
NO discovery
NO subpoenas
Showup with all documentation for the one and only Court date, including an
expert to assess your damages, or a repair bill.
Civil court is regular Court and you get discovefry and all.
IBM would surely settle a Civil claim of a few hundred dollars rather than
bother to defend it.
----- Original Message -----
From: "Bill Morrow" <penzance_at_gate.net>
To: "Bruce Markowitz" <scosgt_at_worldnet.att.net>; <letoured_at_together.net>;
<thinkpad_at_stderr.org>; "STeve Andre'" <andres_at_msu.edu>
Sent: Monday, November 04, 2002 9:16 PM
Subject: Re: [Thinkpad] Re: EZ Serv insanity update 1
> 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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