Trimess

Friday, August 3, 2012

SEE YOU IN COURT NEIL

I'm holding you personally responsible for withholding the money that you ILLEGALLY ordered me to pay and now illegally refuse to pay back.  You can't bring your fancy $250/hr lawyer with you to small claims, better remember that.

10 comments:

Anonymous said...

Good for you! I was thinking about doing the same thing. Keep us apprised of the case.

Anonymous said...

Now that's "walking the talk!"

Rob H. said...

Someone else needs to file and name each of the board members as defendants also. I'm sure they would love to be named in a small claims suit and have to show up.

EngineerScotty said...

Are you expecting to win, or simply to make Neil show up and defend himself? If the former, I suspect you'll have a hard time piercing the "official duties" veil and successfully suing Neil (or any other TriMet officer) personally--there's plenty of laws on the books designed to protect public officials from such lawsuits.

If the goal is not to WIN, OTOH... small claims court is a great way of engaging in political/judicial hacking, if you know what I mean. (I'm almost surprised they haven't abolished it).

Al M said...

I'm not sure what your trying to say Scott but I believe I have a winnable case, or I wouldn't be bringing the suit!

Maybe they will find a way to get Neil out of appearing, then I'll find the next way to file.

If I have to file a civil suit I will.

EngineerScotty said...

What I mean, Al, is you'll have a hard time suing Neil personally (and winning) for his lawful exercise of his duties as TriMet GM.

By the same token, if you had a complaint against Microsoft, you would unlikely be able to haul Bill Gates to small claims court.

In either case, the judge would likely rule that the proper defendant is TriMet (or Microsoft) and dismiss the case without any consideration of the merits.

Of course, Neil/Bill would have to raise this as a defense first. (And in small claims court, they can't resort to motion practice--lawyers filing documents with the court--and might have to show up personally); if the other side doesn't show up at all you can win by default, even if your case were otherwise without merit.

Al M said...

Well maybe that is what will happen but he still has to go there and bring that defense, so right there is a partial victory.

And then I'll just re-file as the judge instructs me

EngineerScotty said...

Which is why I asked whether you were trying to win, or simply make a statement.

:)

Al M said...

I'm trying to do both-since nobody else is doing anything...

Cris said...

Filing a Small Claim FOR a Business or AGAINST a Business
If you are filing a claim against a business, check with the Oregon Corporation Division at 503.986.2200 or www.filinginoregon.com to be sure you have the correct information. They have both Corporation and Assumed Business Name records.(you must also have the name of the Registered Agent, this is how you file against a business. The Authorized Representative address is the mailing address for this business. Entity Name TRI-MET
Type REP AUTHORIZED REPRESENTATIVE Start Date 10-07-2011 Resign Date
Name JANA TORAN
Addr 1 4012 SE 17TH AVE
Addr 2
CSZ PORTLAND OR 97202 Country UNITED STATES OF AMERICA