Hauled 8 loads for free...

Discussion in 'Experienced Truckers' Advice' started by darkangelsdiary, Oct 29, 2013.

  1. KW Cajun

    KW Cajun Road Train Member

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    darkangelsdairy,
    Are you in the same state or close proximity of this yahoo?
    Reason I say, if you are you can file a small claims court filing against him and I believe some jurisdictions have a top limit of $2500 to $5000 in damages.
    No attorney needed. Just you, documents, & all evidence.

    I understand you choose not to disclose his name or business name.
    However, there is nothing at risk to disclose the city and state. Even as far as street name, for that matter.
     
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  3. crb

    crb Road Train Member

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    http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html

    If they file separate they could file on all $5,000.
     
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  4. windsmith

    windsmith Road Train Member

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    What that means is that it's pointless to use the legal system to try to recoup your losses. The attorneys know that he has nothing, and any judgment against him would be uncollectable. Unless you're willing to use -ahem- questionable collection tactics involving baseball bats and kneecaps, you'll likely be wasting your time and get nothing for your efforts.
     
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  5. snowwy

    snowwy Road Train Member

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    he propably didn't make enough to warrant a civil lawsuit. he's stuck with small claims court.

    slander is also against the law. if the driver reveals the name. then he could end up being sued also.

    not a good idea to be slandering a company on a open forum for all the word to see.
     
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  6. KW Cajun

    KW Cajun Road Train Member

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    Dial 1-800-Get-Guido
     
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  7. Flatbedn

    Flatbedn Road Train Member

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    It's only slander if it is not the truth.
     
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  8. snowwy

    snowwy Road Train Member

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    doesn't matter if it's the truth or not. your talking negative about someone. and posting on the internet.

    might want to look up the defenition of slander. i highly doubt you see anything in the defenition that pertains to truth.

    or, i could hook you up with someone who spent 6 months in jail for speaking the truth about his ex wife. you can listen to his story.
     
  9. windsmith

    windsmith Road Train Member

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    Correct. For the record, 'slander' is when you speak untruth about someone in order to hurt them in some way, 'libel' is when you WRITE untruth about someone. In either case, if one speaks or writes the truth, then there's no cause of action.
     
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  10. Flatbedn

    Flatbedn Road Train Member

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    slander n. oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue accusation of having committed a crime, having a loathsome disease, or being unable to perform one's occupation are treated as slander per se since the harm and malice are obvious, and therefore usually result in general and even punitive damage recovery by the person harmed. Words spoken over the air on television or radio are treated as libel (written defamation) and not slander on the theory that broadcasting reaches a large audience as much if not more than printed publications. (See: defamation, fair comment)
     
  11. windsmith

    windsmith Road Train Member

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    snowwy, note the word 'false' in the above definitions. 'false' is the opposite of true. The use of the word 'false' implies that truth does factor in when considering a statement to be slander.
     
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