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Old 05-28-2009, 07:49 AM
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patrickt patrickt is offline
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Default Another Gambit

Quote:
Originally Posted by ERA Chas View Post
Calling him names on a forum might be worse for your cause than stating his ID.
I agree with ERA Chas. Doug, you might want to consider what we fondly refer to as the "send them the pleadings" gambit. Have your attorney draft up the pleadings that would initiate the suit against this guy, get the damages up as high as possible, and then have your attorney send him a copy of the pleadings, plus an affidavit from you, along with the demand that if the case is not resolved by him doing ________ by such and such a date that he has been directed to file suit in the Circuit Court for your local jurisdiction. The letter should state that this is the final communication that will be made prior to suit and that settlement will not be accepted after filing. In the letter, have him explain how your state's Longarm statute gives you jurisdiction to sue him there in your home town. He'll then have to face the cold reality of either: 1) Settling with you quickly, 2) Ignoring it and taking a default judgment; or 3) Hiring an out of state attorney (who will want his fee up front) to fight the case. Since he's doing business as a corporation, he can't represent himself (unless he's admitted to your state's bar, that is).
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