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I filed a small claims against Verizon. Was awarded

$6500.00. However, Verizon filed a...
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Verizon and I give up our right to take dispute to court. Can only use arbitration or small claims.Have filed again with small claims because they went to district court. What should I expect them to do at hearing?
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Answered in 5 minutes by:
1/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,430
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
Ok

Great, thank you! Bear with me a moment while I review…

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I'm sorry to hear about your situation. It's hard to predict exactly what they would do at hearing, but I can tell you what I would do if I were their attorney at this hearing.

I would argue that the judge gave Verizon the right to have the claim be vacated. I would cite the reasons that Verizon requested the judgment be vacated and then cite the reasons that the judge gave, if any, in the argument.

In response, you should cite the fact that the contract is being breached against you because the claims cannot be heard in district court. My recommendation would be to bring that section of the policy that says this and say that the district court should not have even heard this particular matter and because you went through the proper channels consistent with the contract, your judgment should have never been vacated.

I'm sorry to hear about your situation. What other questions did you have for me regarding this?

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Customer reply replied 6 months ago
The reason Verizon's motion was granted is that they were served using the corporate address. However, what they didn't tell the district court judge is they require that same address be used in the consumer contract.
Customer reply replied 6 months ago
They direct you to use that avenue, then claim in court it's insufficient notice and never responded. I was never offered arbitration as I should have been.
Customer reply replied 6 months ago
Should I bring all that up?

I see what you mean. So, if service was the only issue in the case to have the judgment vacated, then I would expect them to make the same arguments that they did at the initial small claims hearing, assuming that they showed up. If the service issue has been resolved, then you should bring that up briefly, but then move onto the meat of your claims.

If they didn't show up before, then I would just expect them to probably attack either the facts or the law regarding your claim. I don't know the full extent of your claims, but I think you will probably know how to be prepared the best for that.

How else can I help you today?

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Customer reply replied 6 months ago
They didn't show up at the initial hearing. Will that be a problem?

i don't think it'll be a big problem. In fact, depending on when the hearing is, I suspect that they will probably just try to settle with you so they can avoid sending one of their lawyers or people that represent the company to try to fight this claim. In the event that they don't, I would expect that they will target you either a) with the facts (by stating that your facts are wrong or mischaracterized) or b) the law (meaning they will try to find some legal precedent that proves you don't have a case.)

It's going to be very important that you work to ensure that your facts are characterized properly, even facts that do not help your case, and that you have done at least some background checking on the law to make sure you're in the clear. You may not find anything that directly supports your case, but that's okay, especially if you have the facts on your side. If you go to www.findlaw.com, you can do some free legal research to see if there is anything you can tell the judge to support your position.

How else can I help you today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,430
Experience: Licensed to practice before state and federal court
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Customer reply replied 6 months ago
Thank you.

You bet.

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