Complaint Review: J K Harris

JJ I am giving legal advise, your correct. I am not an attorney, so therefore I can give advise, also I do not ask for anything in return, and am not practing law. I am tryingto motivate some one to take JK to court, and they can get a Cpias after the 30 days of the award if not paid. they can also get a contempt citaiton afer the expiration of the time period should they get a Ducas Tecum.

Peter

JJ I am giving legal advise, your correct. I am not an attorney, so therefore I can give advise, also I do not ask for anything in return, and am not practing law. I am tryingto motivate some one to take JK to court, and they can get a Cpias after the 30 days of the award if not paid. they can also get a contempt citaiton afer the expiration of the time period should they get a Ducas Tecum.

Peter

JJ I am giving legal advise, your correct. I am not an attorney, so therefore I can give advise, also I do not ask for anything in return, and am not practing law. I am tryingto motivate some one to take JK to court, and they can get a Cpias after the 30 days of the award if not paid. they can also get a contempt citaiton afer the expiration of the time period should they get a Ducas Tecum.

Peter

JJ I am giving legal advise, your correct. I am not an attorney, so therefore I can give advise, also I do not ask for anything in return, and am not practing law. I am tryingto motivate some one to take JK to court, and they can get a Cpias after the 30 days of the award if not paid. they can also get a contempt citaiton afer the expiration of the time period should they get a Ducas Tecum.

Peter

Not smart.

My own personal experience with CA courts is that you have to make a demand for payment first (after waiting the mandatory 30 days for them to file an appeal), and then make the request for the debtor's examination if they don't pay. And it's for the debtor's examination if they don't appear that you can request from the judge to file an arrest warrant for failure to appear (basically contempt).

We don't have debtors' prisons anymore and you can't be arrested for failing to pay a debt. You can be arrested for failing to appear however, and it is also illegal to tell someone that they will be arrested if they don't pay.

Glad to hear thatyour taking them to court. Name the any salesperson as the codefendant,it makes no differance, forthey don't appear to present a defense. Use the localoffice address forservice. When you do go for the hearing, ask for "treble"damages, (3x's the amount), based on their lies, deceit, and truble they have caused you. They don't appear, so you win through default. Any argument they may have, they must appear to present it. They still won't pay you, but after 30 days, go tothe clerk and ask for a "Capias", that is an arrest arrant for the sales person. You can give that to a sheeriff, and have him dragged into court to explain why they haven't paid, but if you fax a copy to JK Harris & CO, attention my buddy Monica LIner, and ask where it would bemost conveniant to be arrested, work or home, you should get your money pretty fast. Another way, although it is usually for large awards, is to apply for a "Ducas Tecum". That is an informational subpeona, and issued by a judge. Look it up on the internet, you can ask them upto 20 questions for their financail information, and they have toanswer, usually with in 7 days. If not they are in contempt of court, subject to arrest. God Ilove aggravating Monica.

Peter
Salem, MA

Peter:

Whatn liability does an ex-employee, who was terminated, have? I don't want to lose any assets over these jerks.

Hi Diane, Soory I haven't been as attentive in responding. When filing, ask for the max in your state, I think it's $5,000, and when you go to the hearing ask for "Treble" damages, (3x's), JK must appear in courrt to dispute it.Name the sales person that sold you the contract, also JK Harris at the address where you met the sales person. the reason for this is JK never, that I know of, appears in small claims, so you win through default. That doesn't mean JK will pay. 30 days after your hearing, go back to court and get a "Capias", (arrest warrant), nameing the sales person. They can be arrested, and brought into court to tell the judge why they haven't paid. Send a of fax a copy to JK Harris and ask for the most convenient time to arrest the sales person, at homeor work. You should now get a check very quickly. Or instead of a Capias, ask for a "Ducas Tecum", information subpena. You have to ake up a list of questions to ask about their finances, and they have about seven days to answer. There are two sets of questions, one for the corporation, and one for the individual. You can find examples on the internet. Should they not answer, which is highly probable, they are now in contempt of court, and subject to arrest. The subpena is a court order signed by a judge. All these things irratate JK and Monica, and helps you get you funds back. You will probalbe have to get sheriff to serve the subpena to JK corporate in South Carolina, but it will be worth it.

Good luck,
Peter
Salem, MA

Her is what you need to do for small claims court. First, name JK HArris as the defendant, and the sales person as the codefendant, (I will explain why later). In California I thing that the max in small claims is $5,000, but I'm not sure, (I am not an attorney). Use the address where you met as the mailing address. JK's usual motis operendi is that they don't appear at the hearing, and you win through default. JK sometimes will cry about the "arbitaration clause", but they must appear in court to ague it.

Also at the hearing, ask for treble damages, (3x's) the amount), based on them commiting fraud, and ignoring the court order to appear, and for the aggrivation that they have put you through. After you receive your judgment, JK will still not honor the court order, after 30 days, go back to the clerks office you have two options. You can ask for a "Writ of Execution". this will allow you to attach the assets of JK Harris. In the case all the office fixtures and equipment are leased, so you hve to grab the checks as they are being written by the customer (new victems), This gets a quick response, or ask for a "Capis". this is an arrest warrant naming the sales person. This will allow the sheriff to arrest him and drag their a** into court and explain why they haven't paid.

Mail a copy of the warrant to the sales offive, and fax a copy to JK Harris, attenion Monica Linder, with a cover letter asking them where it would be most convenient to be arrested, work or home. Usually this is when you get your money, for JK is very protective of his cash cows.

Peter
Salem, MA