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Originally Posted by minusonebit
Oh yes, and if they dont show up at all (which in this case, has about a 85% of happening), we have this little thing called a Judgment by Default. It basically means I will win whatever I asked for without a trial. And DJs are just as enforceable as ones won through a trial or jury verdict.
I always love the anrgy calls I get from spammers I have sued who ignored my complaint and the summons and the judgment and then find the sheriff at their door with an order to collect $$$ or seize assets.
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The fact that it would cost you more to serve them than you'd win in court aside, all they would do is file for summary dismissal as this is a contract dispute, as you signed away your right to establish personal jurisdiction over them. Not to mention the fact that you didn't actually have money in the account but rather are claiming that they prevented you from completing a transaction due to downtime, another right you waived in the contract.
The bottom line is contractually you're in the wrong, ethically you're in the wrong, you're just plain fucking retarded, and not that I think you're actually going to file a suit but either way it's people like you that drag our court systems to a crawl over stupid pissing matches.
And you really think they'd
fly someone in to defend them in a US court? LMFAO I know for a fact they have an attourney in the US retainered to deal with peons like you and likely more than one given the size of the company. Even if they didn't they're one phonecall + fax away from having someone here deal with it.
Oh and by the by you can be fined for filing lawsuits that are clearly without merit you realize?
PS: I'm sure you've sent the 'sheriff' to 100's of
US based spammers since so many spammers are easy to track down + based in this country. LMFAO.
PPS: Inability to collect aside if you asked for any significant amount of money a default judgement is easy to have waived if they cared to.