Complaint Review: Small claims filing

. A defamatory statement must actually be a false one. If the statement is true, you don't have grounds to sue, even if it damaged your reputation.

• In most cases, statements that can be construed as opinions aren't considered defamatory, because an opinion is subjective and can't be proved as objectively false.
• Therefore they can not sue me due to the fact that my statements are true. I would not make false statements against a company knowing that they can sue me. This is how they work, if you make a complaint they threaten to sue you so you will not make this complaint.

This individual was provided with both of her filings she chose to pay for the second filing while we were working with the court to have the second check and filing nullified. 

We have the proof to show it was a court error. This individual decided to pay for the second filing then she is liable to deal with that filing now. Issuing a stop payment for a check that the court states is lost is not Fraud. If a check is lost anything can happen to that check, as no one knows who has possession of it, as a company we have the right to issue a stop payment on a lost check. This does not constitute fraud, to commit fraud would have been having the intent to commit fraud. Your filing was paid for the second one you paid for now cannot be disputed with the court. You have possession of both filings what you do with the second one is no longer our responsibility. 

All the services were rendered and if this lovely client of ours were to check her invoice she would actually see based on cost the 4 servings were free. She was charged for Serving and Demand letter. In the price she was only charged for the Demand letters. So No refund can be issued for services she was getting free.

She was far from a good client. Calling every day, or every few days, leaving rude and obnoxious voicemails, yelling and screaming. I would say extremely unprofessional.  

We told her let us know when you are serving and we will arrange it accordingly. If we are unable to do that because she wants the servings immediately there is nothing our company can do. We completed our services and she cancelled our services, it is as simple as that. 

All the Emails sent to this individual were professional, and stated all the facts. Her calling us frauds is a simple case of someone wanting to get services for free. No business can operate efficiently with clients wanting free services, and that is what this individual wants. 

Small claims rebuttel is incorrect. I never demanded they serve the defendants at a certain time. I paid this company to serve 4 defendants and a friend was going to serve 2 defendants. I asked them when they were going to serve the defendants and they informed me and I quote :Let us know when you are serving the other 2 defendants and we will arrainge for the other 4 defendants to be served" This is in an email I sent to them. I sent a response asking if the 4 defendants could be served on Thursday or Friday of that week. I received no resonse for 6 days.

I sent another email and they became upset and informed me if I wanted to pay for rush service then I can and if not then they will serve when it is convenient for them. This is all true and I have the emails to prove it. They state that the court could not find the original check so they placed a stop payment and frose their account. Who freezes their account for $75.00? They also stated that they gave the court another check, well, where is that check because the court contacted me and informed me through a letter which I have that if I did not pay the filing fee plus fee charges then my case would be dismissed and I could be charged with a crime.

I went to the court and the clerk informed me that the check came back as insuffincient funds, not a stop payment. Either way they committed fraud by not giving the court a check that was good. Even if they placed a stop payment that is still considered fraud. The court did not have any other check from this company. They never responded as to what happened to the other check.

As for not giving legal advise, they never informed me that I needed legal names. They should have known that Patty is not a legal name. When I did give them the names they should have informed me that this is not a legal name. That is not legal advise, that is prepearing the paperwork properly.

I was not a difficult client. I tried to work with them but if you saw these horrible emails you would realise that they are extremely unprofesional and not honest.

They also find several reasons not to give refunds. They should at least give me the money for filing the court papers because they never paid for it and I paid them and then I had to pay the court plus fees. So I am the one that lost. They made money and did not complete the work.

The new paralegal that I have is wonderful, professional and completes the work that I paid for.

This individual hired us to do our full package which required a demand letter preparing the forms filing and serving. We sent out the demand letter upon approval. There was an error with this which we corrected and resent the demand letters with the correct address. After the time lapsed we sent the filings to the court and they were received on April 15th. We have the stamped proof if we need to provide that also.

We provided this individual the documents to prove the court received the original filing on April 15th. The stamped envelope was even provided to this individual for her records after she accused us of not doing our work. This individual sent us emails and left voicemails accusing us of not doing our work, of being frauds, that she called and went to the court they did not have her forms etc.

When our filers went to court originally they went to find out what had happened with these forms, and were initially told the court did not have them. The filers then asked the manager to check their desk and found the forms on the manager’s desk. On April 29th our filers returned to the court with forms to file. The filers were provided with the original forms and notified that the court did not have a return envelope for the filings nor a check.

So our filers filed new forms with a new check. We issued a stop payment on the original check because the Orange County Small Claims Court Manager informed us they could not find the check. So once a check is lost we freeze our account and issue a stop payment on that check it is procedure.

This individual was provided the proof of the documents submitted to the court and was provided the forms to serve on a few of her defendants. Then she was strung up on getting us to serve on her terms. She was notified that our servers were not available to serve on the days which she wanted us to serve. She did not pay for rush servings so our servers have filings that are priority.

She demanded us to serve then became hostile and demanded because we aren’t serving on her terms she wanted a full refund. After we did all the work and all that was left was for her defendants to be served. After these rants she informed us she did not want us to serve her defendants.

We sent her and email asking her if she would like us to serve them and by email she responded that she had someone else do it, as she had cancelled our services.

On or around May 9th we received a copy of a second filed Small Claims document from the court which was dated filed April 15th (the original forms we sent to the court). Thus the returned check notice. Which we received notice regarding the bad check in the week of May 16th. Which in this case it was for a court erred filing.

She paid for the second filing and we provided it to her. What she chooses to do with it is her business. We were working to get the court to dismiss it plus dismiss the additional charge. We are not required to provide this individual with our personal account information as we do not know what she will do with it.

We provided our services which she then canceled, and demanded a refund. This individual wanted free services and not to pay for the work and services we provided. A refund could not be provided as the services were rendered and in the process of completion when she cancelled, we had our process servers ready to serve her documents within the coming weeks however she informed us she did not want us to serve. Upon her final cancellation we do not owe her a refund for services rendered.

Regarding the statement that the forms needed to list the individuals legal names, when she initially filed the claim she was told over the phone that she will need to provide the individuals legal names. She then informed us she will email the list of individual’s names and the information. How were we as a company to know that she failed to provide us with legal names? Also we are not attorneys Per:

BUSINESS AND PROFESSIONS CODE SECTION 6450. (b) (1) 

(b) Notwithstanding subdivision (a), a paralegal shall not do the

Following:

   (1) Provide legal advice.

As paralegals by CA law we are not allowed to provide legal advice which includes but is not limited to:
Telling you who to sue
How much to sue for etc.

We provided this information with all the information we needed and she sent it to us how she wanted it listed.
From that point there is nothing else we can do.

She has also made numerous statements which are false and can and will result in Defamation of Character and Libel claims being brought against her.

Her calls were responded to at our earliest availability. She was notified that we are unable to respond to her immediately as we do have other client’s filings that we must also focus on and were in the process of getting back to her regarding her servings and getting her filings complete.

Again the issue with the original filing which we sent to the court on April 15th cost our company more than what she paid, due to her impatience and unprofessional behavior and actions. In email she even admits to her behavior and apologizes for being so unreasonable.

This individuals post in its entirety is an attempt of Defaming Small Claims Filings Character, and in its entirety Libel. Legal actions can and will be taken for this FALSE post.