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Old 02-12-2010, 03:42 AM
ard ard is offline
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Join Date: Mar 2006
Location: Sierra Foothills, California
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Quote:
Originally Posted by ABMW View Post
I'm taking this route, naming the dealer, the SA, and BMWNA as defendants. I'm giving them a 10-day deadline[
Really? Starting when?

Quote:
Originally Posted by ABMW View Post
If need be, I'll elevate it to Superior Court,
How will you 'elevate' it?

Quote:
Originally Posted by ABMW View Post
and file a suit against all of the above to have them refund my money, taxes, and attorneys fees.
Wait, you will elevate it to superior court AND THEN file a suit?? So what exactly are you elevating before it is a suit?

Quote:
Originally Posted by ABMW View Post
It will get their attention, I'm sure. You can't have an attorney in small claims court, but it helps to be married to one,who also happens to be on the title and loan of the vehicle and will most certainly be named as a plaintiff.
Uh oh. "certainly"... an attorney (of some kind) certainly named as a plaintiff? that will scare them. They will just write a check for $50k more than you want just to avoid having an attorney named as a plantiff

Quote:
Originally Posted by ABMW View Post
I'm drafting the complaint and filing it tomorrow, given I can squeeze it in. Otherwise next week. If the dealer, BMWNA and the SA cooperate, I'll withdraw the filing.
Again, confused.. you are writing them a letter torrrow, or filing a suit?

You don't 'file' a letter to the BMW, the dealer, the SA, their kids, neighbors and dogs... you send them a letter.


Quote:
Originally Posted by ABMW View Post
If anyone wants assistance on how to go about this, feel free to PM me.
I'd sooner get my legal advice from the internet.

Quote:
Originally Posted by ABMW View Post
It's very easy if your the plaintiff and if the defendants do not show, after proper service has been rendered upon them a default judgement will likely be entered. They'll know this, and it's far easier for them to simply fix the issue than be "forced" to fix the issue, and open themselves up to further damages down the road.
Let us know when you file. Whatever you file. If you file. or whatever..
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