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What should I do with Tribe when I become its judgment creditor?

topic posted Sun, February 17, 2008 - 3:19 PM by  Unsubscribed
As many of you know, Tribe.net owes me about $40 as a proprated refund for the year of premium service I paid for in advance. They cancelled my premium service after only a month. Tribe.net has ignored my repeated reqeusts for a refund. Tribe.net is in breach of contract. The prevailing party in a breach of contract action may recover attorney's fees.

Tribe.net is not entitled to keep all the money as a penalty or some such thing. There was no penalty provision in their contract and penalties and forfeitures are disfavored and not implied by law.

All that remains to be done now is make a demand under the Texas Civil Practice and Remedies Code, and/or perhaps a Deceptive Trade Practices Act demand and file suit.

While the sum in controversy is trivial, the attorney's fees would not, especially if I am able to maintain jurisdiction in Texas. Figuring that Tribe.net would either default or lose in any event, they would owe me not only the $40, but also attorney's fees, which would be several thousand dollars at a minimum.

I don't think Tribe.net could afford to pay the judgment. So, as judgment creditor, I would probably become the owner of Tribe.net's assets.

So here is my question. What the hell would I do with Tribe.net once I became the owner? Sell it? No one wants it.

I'd appreciate any suggestions for how to dispose of this future asset.
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  • inna
    inna
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    Re: What should I do with Tribe when I become its judgment creditor?

    Mon, February 18, 2008 - 10:10 AM

    i cannot believe they still didn't pay him.

    that is just ultra-lame.


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    • Re: What should I do with Tribe when I become its judgment creditor?

      Mon, February 18, 2008 - 10:45 AM
      I suspect it isn't personal. There are currently only two people keeping tribe afloat, who are pretty well swamped in the everyday business of keeping it afloat.

      They seem to catch up with things in bursts, as they can get to them, and in general do their best.

      Probably giving them a hard time on top of all that is anti-motivational.
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      • Unsu...
         

        Re: What should I do with Tribe when I become its judgment creditor?

        Mon, February 18, 2008 - 1:00 PM
        I dunno about that, Shannon. The "anti-motivational" defense doesn't work when my phone or electric bills come in, and it has no weight with my landlord.

        "Pay rent? That's so demotivating! I'm kind of busy and don't have time to attend to my financial obligations. Check back with me next month."

        No, that just doesn't work. If he paid for a year, and only got a month, he is owed eleven months. Period.

        The same sort of delay there is in activating a membership may be the same delay that takes place when deactivating. But it should not be excessively more of a delay.

        Businesses have to be set up to make sales AND give refunds. It should be as easy to do one as it is to do the other. Hopefully there are few refunds, but they need to be as hassle-free as the sale. Gee, I don't even like going to places that have aggressive sales people. I just won't do it. It's annoying to be pressured into buying, and makes me less likely to buy.

        Couple that with problems with refunds, and it's a sure disaster.

        This refund, as with any other refunds, needs to be moved to the top of the priority list. It is just as important as paying the electric bill or getting their own paychecks. It doesn't matter WHO it is that needs the refund, or WHY.

        It's about a principle.
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      • Unsu...
         

        Re: What should I do with Tribe when I become its judgment creditor?

        Mon, February 18, 2008 - 6:04 PM
        "I suspect it isn't personal. There are currently only two people keeping tribe afloat, who are pretty well swamped in the everyday business of keeping it afloat.

        They seem to catch up with things in bursts, as they can get to them, and in general do their best. "

        _____________

        Bullshit. They have the time to humor all the complaints that lead to me getting unsubbed, and the time to unsub me. Then they have time to deal with the refund issue. It only takes a minute to issue a paypal refund.

        Why do you make excuses for them? Ass kissing, or just afraid to confront the ugly truth? They're bandits! And the've got all your personal data. Woah.
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        • Re: What should I do with Tribe when I become its judgment creditor?

          Mon, February 18, 2008 - 8:31 PM
          This is the most whining and crying I've ever seen over a couple of dollars. waaaaah.

          Don't sing it ... bring it.
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          • Unsu...
             

            Re: What should I do with Tribe when I become its judgment creditor?

            Mon, February 18, 2008 - 8:48 PM
            You miss the point.

            I don't need the $40.

            It's the principal of the thing.

            I usually hang up the phone when any potential client calls me with a case and utters those words, but since this is my case, I have the luxury of pursuing it if I want to. And the statute of limitations is very long on a breach of contract.

            Meanwhile, I am going to thump Tribe.net's snout with this until they are finally shamed into responding to me.

            It may seem extreme, but hippy Burners are very slow learners. It takes a lot of snout thumping to school them.
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            • Re: What should I do with Tribe when I become its judgment creditor?

              Tue, February 19, 2008 - 12:24 AM
              Bullshit. You have no principles. It's the cheddah. You feel like you got burned for forty. That's it. Otherwise you wouldn't be pounding your keyboard over it taking up bandwidth. You would keep it private, make a demand and if no response is forthcoming then sue. Your taking it public like this could cost you your case.

              Actually maybe you should hire a lawyer so he/she could tell you to shaddup.

              And I still say you will do nothing. And that's EXACTLY what will happen. Nothing. Give your keyboard a rest, exercise some patience and maybe you'll be surprised one day when you find a check in your mailbox. Your continuing to come back as an alt may be what is keeping you from your refund. You've probably been told to stay away yet you won't.

              Hell maybe tribe should take out a restraining order on you. Quit trespassing and go around!!!!!
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                Re: What should I do with Tribe when I become its judgment creditor?

                Tue, February 19, 2008 - 7:21 AM
                Mystic, I've addressed all of these issues in the Brainfart tribe. Nothing you've raised is original or has any merit.

                Briefly, I am not trespassing. Tribe.net has NEVER told me to stay away, blocked my IP, or done any other such thing that would give rise to a trespass claim, if one could even be made for a website, and I doubt that it could.

                As for demands, I already made demands privately, in emails. Tribe.net ignored it, would not even respond, so I took it public.

                Doesn't hurt my case at all. I paid for a year of premium service, they accepted the payment, and then gave me only one month of service. That is a very simple case, and nothing you or I say here changes that. And everything else you have said is just idle speculation as to what either side would do.

                As for hiring a lawyer ... heh. Not necessary.

                Restraining order. Absurd. You haven't a clue what the requirements are for a restraining order. They're not entitled to one. They haven't even asked me to stay away. That would be the first of many steps they would have to take. And ultimately, they have to show irrepairable harm would be caused to them without the restraining order. They can't show any harm, much less irrepairable.

                Dude, my $40 is more important than 99.9% of what is argued about on Tribe.net, and is certainly more important than anything you have ever written or said in your entire life.
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                • Unsu...
                   

                  Re: What should I do with Tribe when I become its judgment creditor?

                  Tue, February 19, 2008 - 8:03 AM
                  Everybody wanted me to do it, him most of all. I felt like he was up there, waiting for me to take the pain away. He just wanted to go out like a soldier, standing up, not like some poor, wasted, rag-assed renegade on tribe.net. Even the jungle wanted him gone, and that's who he really took his orders from anyway.

                  Welcome to the jungle baby........
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                  • This is the maximum depth. Additional responses will not be threaded.
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                    Re: What should I do with Tribe when I become its judgment creditor?

                    Tue, February 19, 2008 - 1:12 PM
                    This mission does not exist.
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                    • Unsu...
                       

                      Re: What should I do with Tribe when I become its judgment creditor?

                      Tue, February 19, 2008 - 4:40 PM
                      This mission does not exist.
                      ---------------------------
                      Yeah, actually this mission does exist.

                      Under RICO, a person or group who commits any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period and, in the opinion of the United States Attorney bringing the case, has committed those crimes with similar purpose or results can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and/or sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity."

                      When the U.S. Attorney decides to indict someone under RICO, he has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

                      In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.[2]

                      There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers." The plaintiff must prove the existence of a "criminal enterprise." The defendant(s) are not the enterprise, in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise. This lawsuit, like most Federal civil lawsuits, can take place in either Federal or State court. [1]

                      Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages).

                      Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas."[2]

                      en.wikipedia.org/wiki/RICO
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