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My Small Claims complaint against ArmComputer in San Jose, California

BayHouse Credit Forum: Legal: Finding the law and lawyers, Pro Se, Small Claims ...: My Small Claims complaint against ArmComputer in San Jose, California
The events leading up to my Small Claims complaint:

April 21, 2000: To ARM Computer Management: my request for full refund and my apology for recommending them

May to July 2000: My correspondence with Salman Nasir, trying to get a copy of the invoice for the 30i

July 2000: Warranty problems with my OTHER notebook, NOT part of the AZ Small Claims action

 SubtopicMsgs  Last Updated
Things you can do to get back at ARM Computer: 1   05/12 10:11am
ARM Computer no longer a member of the BBB? 1   05/12 09:48am
Robert Westcott's site "Another Broken ARM Computer" including his BBB complaint and open letter 1   05/12 09:05am
The legal issues - WHERE to sue ARM Computer 1   05/12 08:51am
Chad Rathlef, PA - another ARM Computer victim submitted his letter to editors of computer magazines, a GREAT idea! 1   05/12 08:10am


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Christine Baker (Admin)

Friday, February 02, 2001 - 07:00 pm Click here to edit this post
So many times I tell readers to sue, and finally I got an example to post here.

I looked up ARM Computer on the California State web site and found that their legal agent is Rock Lee. He must be the president or something, heard that name a lot at ARM.

The entire filing is only one page, including the space for the defendant's answer.

You only have about 3 1/2 lines to describe your problem. Compare that to my original Demand to ARM Computer Management.

My complaint reads:

"ARMComputer required payment for repairs while under warranty. The repairs were shoddy and upon my complaint within one week I was guaranteed by Willie Wong that subsequent problems would be covered under warranty. When the LCD broke, they refused to repair w/o invoice, which was never supplied as I had to pay cash. 1/23/2001"

Not only did I run out of space to mention any other problems, but I thought it's probably a good idea to test the waters with just ONE problem. Also, the limit for Small Claims in Arizona is only $2,500, and that's what I sued for.

Since I'm in Arizona, I figured that ARM would request a change of venue.

I just received their filing:

"We are requesting for change of venue based on the following:

1) The invoice was issued and the transaction took place at our Head Quarter, located in Santa Clara County, California.

2) ARM is located and all our business activities are taking place at Santa Clara County, California. We are, therefore requesting, this case may be dismissed, please.

With due respect,

Asad Naeem
ARM Computer, Inc."

Of course I expected that. What I didn't expect was another LIE! Although the wording is clever: "The invoice was issued." He doesn't say it was issued to me.

But then WHY won't Sales Manager Salman Nasir send me a copy? And WHY didn't Asad Naeem include a copy of the invoice with his request?

After all, the small print on the invoice clearly states that the venue is in California.

Having done so much business with ARM, I know how things work. Whether it's a repair or a purchase, you SIGN that invoice BEFORE they let you walk out the door with anything.

There is only ONE exception: You bring cash to Salman Nasir.

So how can I argue for keeping the venue in Arizona?

I don't know, other than that I reside here, and ARMcomputer also shipped my previous machine to Arizona.

You can look at the invoices for anything you buy, any credit card you use, or any bank you do business with, they'll ALL state their venue OR, as most credit card issuers do, they'll require binding arbitration.

And THAT sucks more than me having to go to California to sue ARM Computer.

Several years ago I did some research on arbitration and mediation, and the FIRST thing one had to do was write a $250 check to get started.

Given a choice, I would NEVER agree to binding arbitration. As the "nobody" with no business connections to the arbitrators, I'm bound to get screwed. I'd rather sue at the other coast.

This Small Claims complaint is like a wake up call to ARM Computer. Hello! I'm serious!

But they just don't get it, they even keep on lying, on a document filed in court. Amazing.

If they keep this up, maybe I could find a lawyer to take this on contingency?

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Christine Baker (Admin)

Sunday, February 04, 2001 - 03:36 pm Click here to edit this post
I have received ARM Computer's request for change of venue and hereby request that you keep the venue in Arizona.

1) I currently reside in Arizona. Just a few weeks prior to the purchase of the computer in dispute, ARM Computer shipped a notebook computer to my Cottonwood, Arizona address.

2) No invoice was given to me.

I went through EXTREME efforts to get a copy of the ARM Computer invoice which also contains "In case of legal action, jurisdiction, and venue should be at ARM's place of residence of Santa Clara County, State of California."

(See http://www.bayhouse.com/discus/messages/17/1203.html?981176330 where my correspondence with Sales Manager Salman Nasir is published.)

I am daring Armcomputer to "fabricate" an invoice, which is easy enough to do. I'm hoping that submitting fabricated documents, even if it's only Small Claims, would violate "some" law and cause "some" agency to severely fine ArmComputer.

Do YOU care that Asad Naeem, ARM Computer, lied to you in their Jan. 30, 2001 filing?

"1) The invoice was issued ....."

This is about much more than money.

It's about corporations lying to me, to you, and to everybody.

If that's ok with the Courts, then we, the people, should know that. That's why this filing as well as related events and documents are published at my web site at www.bayhouse.com.

Most sincerely,

Christine Baker

c: published at http://www.bayhouse.com/discus/messages/649/1204.html?981336988#POST6778

E-mailed to Salman Nasir, ARM Computer at salman.nasir@armcomputer.com

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Christine Baker (Admin)

Monday, March 05, 2001 - 11:08 am Click here to edit this post
Surprise!

"The Court is in receipt of a Motion for Change of Venue filed by the Defendant in the above captioned matter and response objecting thereto, filed by Plaintiff. Upon review of the file, the Court DENIES the Motion for Change of Venue.

It is ORDERED setting this matter for Mandatory Mediation on the 14th day of March, 2001 at 2:00 p.m.. ALL PARTIES ARE ORDERED TO ATTEND. Failure to attend may result in an appropriate sanction being entered against the party failing to attend."

Signed on 2/15, mailed by the Court on the 21st (my snail mail service is slow.)

Armcomputer has NOT contacted me to settle. They are a day's drive from the courthouse.

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Hal (Hal)

Monday, March 05, 2001 - 12:50 pm Click here to edit this post
WOOHOO Christine. I hope they don't show and lose by default.

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Christine Baker (Admin)

Tuesday, March 06, 2001 - 11:40 am Click here to edit this post
It's not nearly that simple. If they don't show for the mediation, there will be "appropriate sanctions." Whatever that is.

I'm sure a court hearing will be set. THEN, Armcomputer could have the case moved to the Civil Division (real court with attorneys) prior to that hearing. They could just hire a local attorney to represent them in real court.

Of course then I could INCREASE my claim to the real damages, and I could ask for punitive damages.

So maybe that wouldn't be so bad.

They could also lose in Small Claims, and while they can't appeal, they could file a motion to vacate the judgment, for whatever reason. Lawyers can get creative.

And, they could go out of business. They know this is on the web and they don't seem to care one bit. That reminds me, I have to make a little web page for ArmComputer so the search engines find it.

Anyway, I'm a long way from depositing their check. It sure is interesting though.

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Christine Baker (Admin)

Friday, March 09, 2001 - 11:54 am Click here to edit this post
I just sent Salman Nasir, the ArmComputer sales manager, a little update:

"Just to let you know.

http://www.bayhouse.com/ARMcomputer-SUX.shtml "

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Christine Baker (Admin)

Wednesday, March 14, 2001 - 05:07 pm Click here to edit this post
Had the mediation appointment today, ARMcomputer didn't show up.

Now ** I ** have to write a letter to the court, explaining why I should get a judgment, there is no other hearing.

Very different from California, and I don't know what people are supposed to do who aren't very good at writing letters.

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Christine Baker (Admin)

Tuesday, April 24, 2001 - 11:25 am Click here to edit this post
Finally got the Judgment for $2500 + $19 court costs + 10% interest until it's paid.

So I spoke with Rock Lee, president ARM Computer, and he declined to pay as he called the court and was told to send a letter. He wants the judgment vacated, claims he was not notified of the mediation hearing.

He told me that I can't do a thing for 30 days from the date of the judgment, as per California law.

From the AZ Small Claims web site at http://www.supreme.state.az.us/info/brochures/smclaims1.htm#collect

How do you collect your money after the case is decided?

....

The amount determined by the judgment is due and payable immediately after the judgment is rendered. If the losing party does not make full payment, the winning party may request the court to issue a Writ of Execution or Writ of Garnishment."

Looks like I need the Writ of Execution and then I can file a lien against their property (I think they own their building and obviously equipment) and/or garnish their bank account.

I see NOTHING about the 30 day wait Rock Lee was talking about. I believe he is confused with California law where you have the right to appeal. There is no appeal in Arizona Small Claims.

Mr. Lee can write all the letters he wants, everything I read on AZ Small Claims says the judgment is effective immediately and I want somebody filing the Writ of Garnishment on Monday. Would hope the money is in their bank account.

I don't understand why Mr. Lee won't just pay up before I RECORD the Writ in California and damage their credit rating. It's only going to cost them more $$$$.

I'll get the Writ on Friday. Mr. Lee has until Wed eve to change his mind. On Thursday I'll try to make the arrangements for someone in California to handle the recording/garnishment.

If anyone has any suggestions who I can hire to garnish their bank account or how to do it myself, I'd greatly appreciate it.

----------------------------

Copy via fax to 408-964-2584 to Rock Lee, president ARM Computer

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Christine Baker (Admin)

Tuesday, April 24, 2001 - 12:53 pm Click here to edit this post
Added this little note to the above fax:

Mr. Lee:

As per Arizona law I can garnish your bank account and record liens against your property IMMEDIATELY upon receipt of the judgment. There is no appeal and you can write all the letters you want -- they won't keep me from attempting to collect my judgment.

I'll wait to make the garnishment/lien arrangements until Thursday, so you have a day to reconsider your refusal to pay me.

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Christine Baker (Admin)

Wednesday, May 09, 2001 - 02:44 pm Click here to edit this post
Nearly 2 weeks ago, I called the California court to see what I needed to do to proceed with my collection efforts.

I need to get a "Sister State Judgment" which can then be recorded in California.

How do I get that? They were nice enough to tell me which forms I need.

http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

I downloaded the 4 forms (6 pages,) then called the court for the URL for INSTRUCTIONS, only to be told to hire a lawyer "We don't give legal advice."

I completed the forms best I could, not knowing what some of the questions mean. English, please?

I included the $97 filing fee and FORTUNATELY I sent it off without the required certified copy of the judgment ($17.) I thought I'd mail that once I got it from the Kingman court, along with the required corrections on the California forms.

Today I EVENTUALLY (after several calls) found out that my mailing was NOT received by the Sacramento court.

So I'll try this again. Wished I'd sued in REAL court in California, for my REAL damages, represented by a REAL attorney who can deal with this crap.

I also sent a copy of the judgment to D & B, hoping they got that.


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