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re: Legal question for our resident lawyers

Posted on 7/10/17 at 8:56 pm to
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 7/10/17 at 8:56 pm to
Sheesh, just do Small Claims Court over a $75 phone but add in replacement service and phone cost with AT&T or whoever will give you the highest quote.

Small Claims is probably up to $2500 or so anyway (Hell, some states up to $10k). Odds are Verizon fails to show, instant judgement that you can then have your attorney obtain the money from corporate.

Do NOT try to send your attorney to small claims though. YOU attend and win in all likelihood. If your attorney shows up the judge will look unfavorably at your case. (small claims is for regular people not attorneys)

Have service sent to a local Verizon store to serve the notice of Small Claims summons.

Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
31609 posts
Posted on 7/10/17 at 8:56 pm to
No, the bill was current when I purchased the phone

Unpaid bills accrued after I had transferred the device to my account

It may be that payments were still owed on the phone, but I don't know

Either way" once they facilitated the transfer, then how do they have a legal rights to associate unpaid bills to that device that they cleared for transfer?

Yes, the court fee will cost me more than the phone did

Don't care - they are behaving unscrupulously
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
31609 posts
Posted on 7/10/17 at 8:59 pm to
Thanks

This is probably the most practical answer I have gotten
Posted by TaderSalad
mudbug territory
Member since Jul 2014
25966 posts
Posted on 7/10/17 at 9:00 pm to
quote:

This is where I get lost in the weeds. Either there was a clerical error or you purchased the phone in the twilight period between bills being late and them shutting down the phone.


Did OP bring the phone and bill of sale to verizon to request it be transferred to his name OR did he just insert the SIM card and business as usual? There is a difference between unlocked IMEI and a Clean IMEI. OP sounds like he bought a clean IMEI and not unlocked. FWIW, Verizon has no way to unlock it without being paid in full. Keeps their employees from stealing.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
31609 posts
Posted on 7/10/17 at 9:03 pm to
quote:

I understand your anger, but it sounds like your damages at worst are 75 dollars. Court costs will probably be at least 250. This isn't legal advice. Just an observation.




So is it worth $175 to frick with Verizon?

8 beers in the answer is YES

I may feel different in the morning

*I've put more than that in garters in one night...
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
31609 posts
Posted on 7/10/17 at 9:09 pm to
I actually used to buy and sell iPhones as a hobby / 2nd income - did it for a few years

Just called Verizon and verified the imei was clear
Posted by Jorts R Us
Member since Aug 2013
16894 posts
Posted on 7/10/17 at 9:15 pm to
I don't have to buy my phones second hand, though...
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
31609 posts
Posted on 7/10/17 at 9:20 pm to
What is your primary phone?

Do you own a backup?

If you do have a backup, did you pay full retail?
Posted by Jorts R Us
Member since Aug 2013
16894 posts
Posted on 7/10/17 at 9:45 pm to
I'm only fuxking with you.



I still have a flip phone.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
31609 posts
Posted on 7/10/17 at 9:51 pm to
I actually miss my old flip phone...

I sell advertising on websites, so my phone is truly a tool for my business

It's hard to sell what you can't show

It's why I bought a backup phone

Was out of work today

If ibreakufix can't give me my phone tomorrow I will buy another decent phone

And move forward with my anti trust lawsuit

Again, I think Verizon will settle in a few months

They are way off base here
This post was edited on 7/10/17 at 9:52 pm
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 7/10/17 at 10:06 pm to
I'm betting they wanted money from the guy for the month when he sold it to you and he told them not my problem, not my phone.

Guy probably didn't intend to frick you (if its true the bill was current at time of purchase) but Verizon wants the money they are owed from someone and don't care who pays it.

I'd care less about this than you as I would consider the $75 tuition in the college of experience, but good luck in your quest.
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