Thread: N. Cook
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[email protected] ohger1s@gmail.com is offline
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Default N. Cook

On Monday, May 15, 2017 at 1:18:39 PM UTC-4, wrote:
Know what one SOB did ? Well, it was a big shop and we misplaced a TV. Customer was of course not happy and sued. Well we found the TV and called the customer, who said he was going to drop the suit, so there was no need to go. Then the SOB gets a default judgement because nobody from our side showed up. Is that not fraud?


Yes, it's fraud. But if your boss was paying attention, he would have known that the case would have been found in the customer's favor "without prejudice". This means that the case could be reopened in case there was an extenuating circumstance to explain the no-show or a procedural error.

Most people I took to small claims didn't bother to show because they knew they were wrong, but some would file to reopen just to bust my ass. I learned that when the judge says the case is dismissed in my favor "with prejudice" because the defendant was a no-show, I then presented evidence that would show the customer was a nut job. Most times the judge changed the dismissal in my favor to "with prejudice".