Posted on 10/22/2005 1:14:14 PM PDT by The Brush
Over the course of the last few months I have received unsolicited facsimile transmissions from one particular fax blaster. The number for removal and the number to fax back the advertisements for health insurance, mortgages, hot leads, selling my business and so on is also in my area code. The telephone number is not serviced by the local exchange carrier (Verizon) but a competing local exchange carrier (CLEC)
After the first fax on August 7th I called the ‘removal’ number on the fax but it was busy. I tried about six times but it was always busy. I used nanpa.com to find out who serviced the number and complained to them (the faxer’s phone company). The faxes continued. I filed 1 small claims suit against the sender and subpoenaed the records of the CLEC (competing local exchange carrier- the faxer’s phone company) they sent me the records within 3 hours of receiving the subpoena. It seems that other had complained about the illegal faxing as well.
When I found out who was really sending the faxes I decided I should use my librarian super powers to find out more about them. I found out that they are incorporated in Florida (using sunbiz.org and lexis-nexus) I found out the corporation holds assets in corporate name. The corporation has only one officer and for some reason he put both an automobile and an aircraft in corporate name (thanks to lexis-nexus). I don’t have any idea why he didn’t put them in his own name so creditors could not attach them.
So since I knew there were assets to attach I filed one additional small claims action for each illegal fax for a total of ten. The law limits the damages to $500 for each fax sent. However if there is an egregious violation they allow treble damages. So I filed 9 additional small claims actions against the same party- each fax must be a separate action.
The legal requirements were a bit of a pain in the arse, but nothing a librarian couldn’t handle. I served the resident agent of the corporation as required. We had a court date scheduled. I went to court and full well expected these geniuses to show up as they called me and asked me to dismiss the suit. I said for $1000 to the Leukemia Society (this is called an offer in compromise). They never called back. Well they never showed up in Court either. In the pre-trial conference I met with the hearing officer and asked for treble damages and costs as I the violations were egregious, I have to change my telephone number, and I had made an offer in compromise to mitigate damages. Well the hearing officer looked at my information and immediately transferred it to the judge. (In Small Claims they try to mediate things rather than punish people). A few days later after the notice of hearing was served upon myself and the registered agent a conference was held with the judge …. Guess who was there! Yep just me and the nice judge.
So the judge and I chatted for ten minutes or so in case they were stuck in traffic, then he tried the removal number on the fax and it was amazingly busy. So the hearing began and I presented all of my evidence and since they were not there they presented none of theirs (a default judgment would have garnered me only minimal damages so I asked to proceed in absentia), The judge asked me a few questions about my fax machine, what kind of toner (I use a roll which is quite expensive as opposed to the new laser faxes) and if I changed my fax number solely because of this.
Then I made a motion to merge all the cases into one hearing (as 10 copies of everything had gone out with the same date and time on them) the judge thought this was just spiffy, as it would save the Court time. I moved for treble damages and noted that their failure to show up after being properly served was contempt for the process and for the Court itself. I figured it would fail and I’d simply get default judgments X 10/ Well it worked. I asked for no stay of the execution beyond statutory requirements and was given that as well.
I figured as the nasty faxers would contact me in the interim, as there is a waiting period before judgments can be enforced. Well they never did. I guess they thought I was joking around.
So Monday I took my paperwork and a check for $800 to the sheriff and asked that they execute the judgment against the company. I asked that they seize a Cessna 340, a Lexus, and cash assets of the defendant. So the sheriff stamped and stapled and filed and collated the paperwork. Today I found out that they have seized the aircraft the corporation owns and will sell it at public auction next month.
I will get my money! The defendant has ignored all of the notices given to him and the time for appeals has passed. If no one bids higher than the judgment at the public auction the aircraft is mine. I was awarded $1500 for each fax, plus filing fees for each case of $155, plus fees for copies, printing, certified mail and the like. The total is $16837.32. I think I’ll come out OK since the aircraft is valued at more than a quarter of a million dollars and it is chained to the ground until after the sheriff’s sale. Oh, and I get back the $800 I paid the sheriff too.
Moral of this story: 1) Don’t screw with the librarian 2) Libraries- take action on your unsolicited faxes- they are illegal. 3) Reference tools are your friends!
Oh and it is all going to the Leukeima Society less my costs. In fact if they were nice and reading this I would settle for a ckeck for $10K to the Leukemia Society and my costs reimbursed ($10*$155, $800 plus misc postage and copying less than $200)
She probably has an elite force of ninja assassins for handling overdue library books. :)
Hot dog! The office where I work is getting these faxes. When I called, busy signal. One time I even called the number (in small print) to remove our office fax and the office rec'd 4 advertising faxes. I was so disgusted. Now, I'm just throwing them in file 13 as I receive.
L
Me too!
I'm sorry, I'm going to need more information and some photos to corroborate your story
Thanks for the laugh...still laughing. Don't mess with the Librarian...
Before you get to thinking this Librarian is really a sharpie, remember she's using those same skills to lobby the Legislature and Congress to prevent them from installing Internet Filters to protect youngsters surfing her Library computers.
She may be that girl in the KILL BILL movies, one female you definitely don't want to mess with!
The plane is probably already leaned to the hilt, and there is no equity in it. She should have sued the owner individually, for the tort, because tort feasors are individually liable. She needed a lawyer. :)
What was here has been settled. I have entered into an agreement that makes me whole, and provides a charitable donation. However in the settlement agreement I was asked not to discuss the particulars of the case. I agreed to remove my previous post from LISNews as the company could possibly be identified. (even though I left that detail out)
I can say that I am more than pleased with the outcome.
845 PM - still waiting for the fax they promised by the end of business. Fax is on and paper is in the machine (this fax I let them send it is the satisfaction of judgement.) I'm not signing anything until the checks arrive :)
9:30AM Saturday The fax really was there, the paper was just not in exactly right to print.
Two things I learned for next time.
If you file multiple suits serve them individually. If you put 9 of them in one envelope and send it certified mail to the defendant they may argue improper service.
E Even if you have a judgement the defendant can appeal. If the judgements combined are more than the limits of small claims court then they can ask to have it transferred to county or circuit court (I don't know if it will be transferred but just something to consider.)
So if I have to sue someone in small claims court again for several things that happen over several days I'll file each one on a different day and serve them independent of one another.
I'll try and post the story again after I tidy it up.... or at least post how I went about doing it. I just don't want to torque anyone off, even though I have the fax I don't have the checks.
I have been having a similar problem. I have been to small claims court before on other matters.How do you get a subpoena?
Our office gets them all the time to (Cancun for $99!). Would think there would be some sort of "spam" filter to block known offender numbers... lots of paper and ink being wasted!
"I've got a flash for you, joy boy. Partytime is over."
Can someone post a picture of Bookman, the Sienfeld library cop?
We Librarians are quiet, but, we always go for the jugular.
The above works!
I had received a ton of junk faxes, and nothing irritates me more, since they are stealing from me, by using my fax machine, toner and paper without my permission.
So I saved a couple of months worth faxes, filled out a complaint form for the FCC (link above) and sent it off. Within a month ALL faxes stopped. That meant they really went after them. This was a year or two ago and I was pretty much "junk-fax"-free. Just recently I started to get a few, and it's time to bundle them up and send another package with the complaint to the FCC.
One thing to be sure to add, is that you have no past or present business relationship with the senders, have not requested the faxes. There is no need for you to call each one and ask that they remove you from their junk-fax list, because they are not allowed to send junk faxes to ANYONE, without that person's WRITTEN, signed permission. (If you do, then in some cases they may send you faxes)
I respect librarians very much (except for the ones who are so liberal that they are polluting the pool of human knowledge) because it was one of them who started me on the path of learning from an early age. Her name was Anna Gallagher and she worked at the Enoch Pratt Free Library.
I have always appreciated laymen who understand the law, and know how to use it as an effective weapon against the bad guys. This is the kind of case that a lawyer would look at, tell the client "You're absolutely right. I sympathize. But I cannot take the case."
So, all in all, this is a spectacular story. I heartily approve. And because of the very solid internal details, I am 99.44% sure that this is real, rather than an urban legend. And if the author happens to read this thread, this story is worthy of publication (at a reasonable fee) in an entertainment magazine like the airline ones, provided there is a photograph of the real airplane and a reproduction of one of the faxes to go with the story. LOL.
Congressman Billybob
outSTANDING!
I have a list of fax-spammers I'd very much like to eviscerate in this manner, too.
I call this posting a game plan.
this librarian's name must be Conan
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