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-   -   News now surfers are making threats about small claims court (https://gfy.com/showthread.php?t=1159704)

venus 01-25-2015 09:33 AM

now surfers are making threats about small claims court
 
but be something on some msg board somewhere, recently I have had several people join then after their month, ask for a refund, when I tell them no they don't threaten chargebacks, they threaten to take me to small claims court knowing no one is going to fly across country for 50$ so they can win by default... is there some msg board promoting discussion encouraging people to do this or something? the problem with small claims court, from what I understand it almost means nothing because the person has to get you to pay them on their own.

myleene 01-25-2015 09:45 AM

Depending on where the person lives, small claim court may cost around +75-250$ (possibly more), take about a year to get resolved and a minimum of 3-5h of time. There's also the fact that the complete case will probably be viewable publicly.

I highly doubt they would do it. I would give them these facts and others.

Oracle Porn 01-25-2015 09:46 AM

anyone who ran into legal issues will tell you that $50 is a small price to pay to end your problems :2 cents:

myleene 01-25-2015 09:51 AM

Quote:

Originally Posted by Oracle Porn (Post 20369746)
anyone who ran into legal issues will tell you that $50 is a small price to pay to end your problems :2 cents:

Doing it for a paysite join isn't really the best idea in the world though.

fitzmulti 01-25-2015 09:57 AM

That's why they are called 'threats'.

beerptrol 01-25-2015 09:58 AM

it would be funny if you showed up with a list of the names of galleries and videos they watched and read it out loud in court!

venus 01-25-2015 10:01 AM

when someone joins then demands a refund or take you to small claims court, especially when they have joined 4 previous times over the years...you don't give into someone trying to bully you

Quote:

Originally Posted by Oracle Porn (Post 20369746)
anyone who ran into legal issues will tell you that $50 is a small price to pay to end your problems :2 cents:


venus 01-25-2015 10:05 AM

that's always a possibility

Quote:

Originally Posted by beerptrol (Post 20369755)
it would be funny if you showed up with a list of the names of galleries and videos they watched and read it out loud in court!


Oracle Porn 01-25-2015 10:25 AM

Quote:

Originally Posted by venus (Post 20369757)
when someone joins then demands a refund or take you to small claims court, especially when they have joined 4 previous times over the years...you don't give into someone trying to bully you

then you believe he won't act? if so just ignore him.
but if he does, you will regret not ending it with a $50 bill. :2 cents:

crockett 01-25-2015 10:50 AM

I think if they intend to sue you, that they have to file in your jurisdiction. It doesn't stop them from filing but all you have to do is request a change of venue if I'm not mistaken at which point the court will throw out the case.

Sadly to do a change of venue request, you usually have to visit the court house they are filling with..

American Psycho 01-25-2015 11:04 AM

what I've found is that only morons who have no clue about the legal system and no means of legal action because they are morons threaten to sue over stupid shit

Barry-xlovecam 01-25-2015 11:10 AM

http://images.wikia.com/lossimpson/e.../03/Nelson.png

Captain Kawaii 01-25-2015 11:20 AM

Quote:

Originally Posted by beerptrol (Post 20369755)
it would be funny if you showed up with a list of the names of galleries and videos they watched and read it out loud in court!

^^^^^^^^^^^^^^^^^^^^
That would be pretty funny and exactly why they won't do anything.

They must have seen the idiotic case last month from England where a mom put an invoice into a kid's lunch box at school because he did not show up for a party for the woman's child. The two sides argued with the invoice mom threatening small claims. Good luck with that. She wants 14.95 GB pounds.

dyna mo 01-25-2015 11:25 AM

default is not guaranteed in small claims court for a no-show.


tell them to gfy and you're going to give their cc # and email addy to all your gay porn carding/spamming friends.

L-Pink 01-25-2015 11:25 AM

In Pasco Co Florida it costs $300.00 to file a small claim. I seriously doubt anyone will file for a month's membership refund.

Plus in some jurisdictions the names of both parties are published in local papers.

pornmasta 01-25-2015 11:29 AM

Quote:

Originally Posted by venus (Post 20369736)
but be something on some msg board somewhere, recently I have had several people join then after their month, ask for a refund, when I tell them no they don't threaten chargebacks, they threaten to take me to small claims court knowing no one is going to fly across country for 50$ so they can win by default... is there some msg board promoting discussion encouraging people to do this or something? the problem with small claims court, from what I understand it almost means nothing because the person has to get you to pay them on their own.

is it not possible to set the applicable law and juridication in your term of service ?

~Ray 01-25-2015 11:33 AM

I think they need to send you a certified demand letter before they proceed with filing a suit

venus 01-25-2015 11:36 AM

he says he is an attorney and is ignoring the other 3 times he joined and the TOS and anything else except to get what he wants.

Quote:

Originally Posted by pornmasta (Post 20369822)
is it not possible to set the applicable law and juridication in your term of service ?


dyna mo 01-25-2015 11:37 AM

here's why this would never stand up in court-

the judge would ask for proof of reason for the lawsuit. the filer would show a cc receipt for $30 for 1 month membership for such and such date and then show 30 days later they wanted a refund.

the judge would see right through that. not to mention the claimant having to tell that story to the judge.

the other hard part is serving those legal papers. claimant would have to find out the legal addy to properly serve lawsuit, pay to have them served then proof to the judge on a default for no-show request that they did everything legally posible to serve those papers on the potential defendant.

not sure why they think that's better than a chargeback anyway. fruitloops.

pornmasta 01-25-2015 11:40 AM

Quote:

Originally Posted by venus (Post 20369827)
he says he is an attorney and is ignoring the other 3 times he joined and the TOS and anything else except to get what he wants.

I would stop to answer him and wait for the next legal action.
There is a lot of bullshit threat on the internet

American Psycho 01-25-2015 11:52 AM

Have you ever cnsidered they are soooo stoopid that they dont know about charging back so thats why they do the lawsuit shtick.

??

venus 01-25-2015 11:52 AM

I left it at "if I issue you a refund, how do you plan to pay for the videos you downloaded already?"
he will or he wont, but I attempted to settle the dispute, he refused any attempt to settle. I am done.

Quote:

Originally Posted by pornmasta (Post 20369829)
I would stop to answer him and wait for the next legal action.
There is a lot of bullshit threat on the internet


altmman 01-25-2015 11:54 AM

I had a customer threaten to sue me over a $8.95 transaction. I told him to go ahead and sue me as I'd love the publicity.

venus 01-25-2015 11:54 AM

but this is the second guy in 2 months who tried this exact same thing..been doing this 18 yrs come may and this is the first times someone has tried this...that's why I was wondering if this was due to some msg board these nuts could be visiting encouraging this

baddog 01-25-2015 12:39 PM

Personally, I would probably consult with an attorney rather than the numbskulls on GFY for legal advice.

VikingMan 01-25-2015 12:44 PM

A previous poster has nailed it with the public record info. You can reply with "I would be happy to show up in small claims court. After all I have always wanted to visit Broken Arrow, Arkansas as I hear it is a lovely and culturally rich place. FYI even if you win there will be a public record that you were a paying member of whiteguyssuckingbigblackcock.com". Have a good day!"

Horatio Caine 01-25-2015 12:51 PM

Nobody is going to small claims over 50 dollar charge. Cost more just to file the papers.

DVTimes 01-25-2015 12:59 PM

Email them back and say thats great as it will be great publicity for your site.

I presume that once they realise that they may have there details in the press they will soon drop it.

And if they do even do it, sell the story to the press.

Rochard 01-25-2015 01:35 PM

Quote:

Originally Posted by dyna mo (Post 20369828)
here's why this would never stand up in court-

the judge would ask for proof of reason for the lawsuit. the filer would show a cc receipt for $30 for 1 month membership for such and such date and then show 30 days later they wanted a refund.

the judge would see right through that. not to mention the claimant having to tell that story to the judge.

the other hard part is serving those legal papers. claimant would have to find out the legal addy to properly serve lawsuit, pay to have them served then proof to the judge on a default for no-show request that they did everything legally posible to serve those papers on the potential defendant.

not sure why they think that's better than a chargeback anyway. fruitloops.

I can just see the judge now.... "So, let me see I understand this correctly. You signed up to eatmyblackmeat.com because you like watching young teen white chicks sucking and fucking huge black cock, is that right?"

_Lush_ 01-25-2015 01:37 PM

He could shop it around to one of those tv court shows. Where he would get paid for sure just by appearing on the show. They might just pick something like this up cause its interesting subject for tv. Probably one of the more ghetto shows though not Judge Judy.

dyna mo 01-25-2015 02:17 PM

Quote:

Originally Posted by Rochard (Post 20369896)
I can just see the judge now.... "So, let me see I understand this correctly. You signed up to eatmyblackmeat.com because you like watching young teen white chicks sucking and fucking huge black cock, is that right?"

yes, your honor.

and after 30 days you decided you wanted your money back from eatmyblackmeat.com because you decided after watched 14 hours of it in 30 days that you deserve your money back.

baddog 01-25-2015 03:21 PM

Quote:

Originally Posted by Horatio Caine (Post 20369874)
Nobody is going to small claims over 50 dollar charge. Cost more just to file the papers.

Maybe where you live; it doesn't cost that much in CA.

babeterminal 01-25-2015 04:38 PM

i hope i didn't send them

altmman 01-25-2015 04:52 PM

Quote:

Originally Posted by dyna mo (Post 20369928)
yes, your honor.

and after 30 days you decided you wanted your money back from eatmyblackmeat.com because you decided after watched 14 hours of it in 30 days that you deserve your money back.

exactly. But it would be interesting to see if theres a forum where people are encouraging this. I dont know why this is a plan, how much money could they extort from a porn site owner? not much I wouldnt think. Seems like a waste of their time

JustDaveXxx 01-25-2015 06:25 PM

Quote:

Originally Posted by dyna mo (Post 20369828)
here's why this would never stand up in court-

the judge would ask for proof of reason for the lawsuit. the filer would show a cc receipt for $30 for 1 month membership for such and such date and then show 30 days later they wanted a refund.

the judge would see right through that. not to mention the claimant having to tell that story to the judge.

the other hard part is serving those legal papers. claimant would have to find out the legal addy to properly serve lawsuit, pay to have them served then proof to the judge on a default for no-show request that they did everything legally posible to serve those papers on the potential defendant.

not sure why they think that's better than a chargeback anyway. fruitloops.


This has "Peoples Court" all over it!


Yes the TV show. lol


They scour all of the public records for random interesting cases like this. If this actually gets filled, I bet you get contacted by the TV show.lol



If you don't answer and they get a judgment, the can only attach it to the assets or bank accounts in that state only. If you have no assets or accounts in that state, just ignore it.


But for sure; consult with a family friend who is an attorney so you are comfortable with what ever choice you do make.


Just Dave

fappingJack 01-26-2015 01:37 AM

Quote:

Originally Posted by fitzmulti (Post 20369751)
That's why they are called 'threats'.

:thumbsup :thumbsup :thumbsup


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