Most of my junk fax cases have settled. Once, we actually got summary judgment on liability (but not on damages) before settling. But we have a new example. Complex Capital Mortgage bounced a settlement check. (With the amount of money involved, I think this is technically even a criminal act.) We went to court to ask for enforcement, and… Well, it was funny. To make a long story short, CCM was ordered to pay up within a week, or at least to make sure their bank account could provide the money.
They didn’t; in fact, they stopped payment on the check (which the judge had asked us to present to the bank again).
So now we have judgment. They owe money, and there is a real, live, legal injunction against them sending more junk faxes.
Next up: Collecting. Collecting money from companies is fun, because they don’t have all the exemptions and defenses individuals do. We may well just get handed our money by their bank without trouble. Woo!
So far, they’re down \$570 on the deal; they have to pay various costs, and we may actually be awarded another \$500 or so of costs, to say nothing of the costs we incur in collection, which are also legitimately added to the amount owed. In short, they may be able to stretch this out until we get over a thousand dollars of extra money as reimbursement for them being bad.
Date: 2005-05-07 21:39:39 -0500
Are you allowed to say how much you got in the settlement now?
Date: 2005-05-08 01:45:30 -0500
TTBOMK, I’m still bound not to discuss the settlement, although we could make a good case for it having been breached. That said, I believe the court filings for the judgment are a matter of public record! My lawyer’s out of town, so I can’t check this… But if all else fails, do a case search and see what you can turn up. Or wait ‘til Monday or Tuesday when I may post details.
Date: 2005-05-09 20:40:44 -0500
On Thursday, May 5, 2005, I sent a garnishment summons in the amount of $3,445.00 to Complex Capital Mortgage’s bank.
Date: 2005-05-09 20:43:15 -0500
On Wednesday, April 13, 2005, we served the class action complaint in the matter of Clemens v. Complex Capital Mortgage and Finance, Inc., et al. That Complaint alleges Complex Capital sent tens of thousands of unsolicited facsimile advertisements to recipients in Minnesota.
Date: 2005-05-10 18:57:15 -0500
I have to send the garnishment summons to a specific department of the bank in Ohio.