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Nrsolis | 6 years ago

Sue first and sue often. Really.

You've already done most of the legwork on this. Now all you need to do is get this into small claims court.

Trust me: once KitSplit gets that notification from the court that they're being hauled into court and are going to need to hire a lawyer to defend themselves, you're gonna be working with a whole different level of people at Kitsplit. That's your best chance to get compensated.

SUE THE BASTARDS.

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pkaye|6 years ago

Also having a small claims court case will quickly rack up the costs for the company if they hire a lawyer. For something like $3500 they may choose to settle.

jahewson|6 years ago

Lawyers are not typically present in small claims court - but they’re a corporation so I guess they have in-house council?

wooptoo|6 years ago

Or even better, reach out and band together with other users of the service who were misled and make a common complaint to the small claims court.

staticautomatic|6 years ago

EDIT: In some small claims courts, including CA, you can't have a lawyer represent you.

Nrsolis|6 years ago

Unless it's a corporation or other "legal person" and then they MUST have a lawyer (or principal in some states) from the company to answer the court.

When they have to hire a lawyer and you don't but you know the balance of facts are on your side, it's an advantage.

The goal is to get them to the table and choose a less painful resolution. Don't let them off the hook. SUE!

inferiorhuman|6 years ago

Nolo claims the opposite.

In a handful of states, including California, Michigan, and Nebraska, you must appear in small claims court on your own. In many states, however, you can be represented by a lawyer if you like. But even where it's allowed, hiring a lawyer is rarely cost efficient. Most lawyers charge too much compared to the relatively modest amounts of money involved in small claims disputes. Happily, several studies show that people who represent themselves in small claims cases usually do just as well as those who have a lawyer.

https://www.nolo.com/legal-encyclopedia/small-claims-court-f...

cthalupa|6 years ago

How would this work for businesses? The owner or CEO gets dragged in? Seems unlikely, otherwise you could just DoS a business by keeping their leadership embroiled in small claims issues.

I imagine you can't have outside counsel represent you, but the business can probably send their own lawyer and delegate authority to them.

Eldt|6 years ago

As a company they would need someone to represent them though, right? Would that not be a lawyer working for the company?