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Man sued for $30K over $40 printer he sold on Craigslist

usatoday.com

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Re: Man sued for $30K over $40 printer he sold on Craigslist

#13
Under a sensible legal system, this is a crime. It's called "barratry": filing baseless lawsuits in order to harass or to extract a settlement. In most US jurisdictions, however, it's not legally recognized as a crime, and so it's widespread. From a defendant's point of view, however, it's basically equivalent to getting mugged.

Re: Man sued for $30K over $40 printer he sold on Craigslist

#14
post #9

If I'm reading correctly, the key bit is: ----- Because Costello did not respond to all three requests for admissions within 30 days of receiving them, and did not ask for an extension of time, as required by Indiana trial rules, Costello admitted to the liabilities and damages by default. He also did not appear at a July 2013 hearing, according to court records. Costello said he never received the requests for admis…

Default in court is just broken. Facts matter more then did someone show up. This is just broken.

Re: Man sued for $30K over $40 printer he sold on Craigslist

#16

This article has persuaded me to never sell anything on Craigslist. Okay, the odds of running into a troll are tiny, but for a few bucks, it's just not worth the risk. Maybe Craigslist and similar sites need to start offering some kind of free insurance policy against trolls.

You should also never walk on a sidewalk, for fear of bumping into someone who trips and falls and sues you for personal negligence. You may be safe if you insure for this, though. Ask your Attorney.

Re: Man sued for $30K over $40 printer he sold on Craigslist

#17
Had this been me, at some point I'd have driven to the bar, and asked the biggest guys I could find if they'd take $500 to show up at the guy's house and scare the living crap out of him. Escalate accordingly. There aren't that many situations left in this country that call for intimidation / violence, but malicious litigation is one of them.

Re: Man sued for $30K over $40 printer he sold on Craigslist

#18

Would be nice to have a 'loser pays' court system for civil trials. These kinds of trolls would go away quickly.

Yes, like most of the rest of the world. But the trial lawyers send tons of money to one of the parties, so our current legal system stays in place.

That's correct. The Republican party has been trying to pass a loser pays system since the early 1990s at least, when they included it in their so called "Contract with America."

The fear mongering has been going on ever since:

http://reason.com/archives/1995/06/01/civil-suits

Re: Man sued for $30K over $40 printer he sold on Craigslist

#19

Had this been me, at some point I'd have driven to the bar, and asked the biggest guys I could find if they'd take $500 to show up at the guy's house and scare the living crap out of him. Escalate accordingly. There aren't that many situations left in this country that call for intimidation / violence, but malicious litigation is one of them.

I dunno, man, as cathartic as that sounds, it reminds me of the old schoolyard bully tactic: pick on a kid until they punch you, then show the teacher your bloody nose.

Re: Man sued for $30K over $40 printer he sold on Craigslist

#20
post #9

If I'm reading correctly, the key bit is: ----- Because Costello did not respond to all three requests for admissions within 30 days of receiving them, and did not ask for an extension of time, as required by Indiana trial rules, Costello admitted to the liabilities and damages by default. He also did not appear at a July 2013 hearing, according to court records. Costello said he never received the requests for admis…

That's assuming Zavodnik sent the requests via certified, registered mail. Zavodnik could have easily scribbled the address in unreadable gibberish and slapped a simple 1st class stamp on, in which case they would never have actually been delivered. Costello claims he never received anything.
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