Welcome to the Second Life Forums Archive

These forums are CLOSED. Please visit the new forums HERE

I am being sued

Snowman Jiminy
Registered User
Join date: 23 Dec 2007
Posts: 424
12-30-2007 05:11
From: Colette Meiji
You are all old enough to know better than to transfer items of value on a Cash (or promised Cash) basis with no receipts and no records.


Given the backlash against the advise in the "underage" thread to AR, ban and mute people that self-declare they are under 18, I am not totally convinced that your statement is correct, but I hope it is.
_____________________
Lerialas Asturias
Registered User
Join date: 25 Sep 2006
Posts: 1
Hmmm...
01-05-2008 05:56
From: Dragger Allen
and that is why the lawyers say not to talk about it Ana thank you and i have the screen print of this smiles


Well, from what I read in her post, she didn't say anything about it. Sounds like you want to do is try and twist around what she said by bringing up something totally irrelevant to what the lawsuit is about, then try to link the two together in your favor. Trying to link talking about someone spamming you with the supposed hijacking of a sim is a desperate action, along with immediately trying to get the support of the community by telling only your version of a story, however vague it might be to try and get the other side to say something to contradict themselves in some way in order to sway the judge in your favor, which normally doesn't work.
Angelina Bonito
Registered User
Join date: 19 Jul 2006
Posts: 41
01-05-2008 13:18
This Case will be thrown out of court , basically there is no juristiction here , linden labs Game and software this is how Linden Labs has there game set up, you can deed land , rule of buyer beware comes into play here, Lindens labs should handle this matter since its there game mechanic's that allow these things to happen
Crystal Jimenez
Registered User
Join date: 9 Dec 2005
Posts: 124
01-08-2008 09:41
From: Dragger Allen
Have any of you been to small claims court concerning SL
IT seems an x gril friend is suing me for interstate wire fraud claiming i stole a sim from her.

The sim was purchased from her while she was at my house visiting then when we broke up a month later she takes me to court

So i guess the Question is

How does small claims court work and will she be able to get 5000 usd from me and what is my best line of defence

thanks in advance

From: Dragger Allen
Yes i Do own more then one mall and one club and have worked hard since joining sl to creat the holdings i have buying one piece of land at a time them selling them off when i had enought to purchase a larger piece connected together.

My wife (real life ) and i started sl with the house of music and a 4096 plot and expanded through hard work and giving tentants what they wanted as we started renting lands to others.


So from reading these 2 posts you have a wife in rl and you had a gf in sl/rl that came to your rl house and you broke up with the gf after you bought a sim from her. Now she is taking you to court because she wants her sim back? Is this the whole story? What does your wife think of all this?
Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
01-08-2008 09:49
From: Crystal Jimenez
So from reading these 2 posts you have a wife in rl and you had a gf in sl/rl that came to your rl house and you broke up with the gf after you bought a sim from her. Now she is taking you to court because she wants her sim back? Is this the whole story? What does your wife think of all this?


wow ..

hadn't caught that.

Maybe they are swingers though.
SnakeArsenic Zabelin
Registered User
Join date: 4 Jul 2007
Posts: 15
01-10-2008 07:30
I'm no lawyer, so here's some advice, info and opinion for the future for both parties.

1. Go to the store, buy a receipt book with carbon copy and make sure it includes date, title, info and signature sections.
2. Use it even for your own family. This is proof of purchase that can hold up in court or be a good reminder to avoid court.

When I was younger and lived with my parents, I got rent reciepts, signed and including the time I was renting. Every time I bought something or sold something to ANYONE, there was a reciept involved. Cash or not.

I like to think that it's as obvious to get/give receipts from/to people as it is for business, especially if you did buy the land as in that case it is still a purchase and a signed reciept would help.
Alicia Sautereau
if (!social) hide;
Join date: 20 Feb 2007
Posts: 3,125
01-10-2008 07:36
so who won? :D
_____________________
Rhaorth Antonelli
Registered User
Join date: 15 Apr 2006
Posts: 7,425
01-10-2008 08:17
one of his posts said court date is feb 8

so I guess we are still waiting
_____________________
From: someone
Morpheus Linden: But then I change avs pretty often too, so often, I look nothing like my avatar. :)


They are taking away the forums... it could be worse, they could be taking away the forums AND Second Life...
Alicia Sautereau
if (!social) hide;
Join date: 20 Feb 2007
Posts: 3,125
01-10-2008 08:28
From: Rhaorth Antonelli
one of his posts said court date is feb 8

so I guess we are still waiting

damnit, had in my mind jan 8... lol
_____________________
Katie Singh
SL Kid
Join date: 18 Feb 2007
Posts: 81
01-10-2008 08:38
I have taken two people to small claims court for unpaid bills. (Pick your RL roommates carefully too!) A lot of the stuff about TOS and all that isn't really going to come up in small claims court and will probably irk the judge or magistrate (at least in my state, small claims is overseen by a magistrate not an actual judge). This is more someone settling an argument than the kind of trials you see on tv lawyer shows. It's meant to be simple. Trying to argue obscure points is probably going to make the magistrate think you're some kind of scam artist especially as they are unlikely to have any familiarity with cyberlaw.

This is basically an argument over stuff between two people who broke up which is the bread and butter of small claims. It's similar to someone selling their bf a car or who gets to stay in the leased apartment. Just treat it that way and keep things simple.

Be polite.

Explain what happened from your point of view.

Show printouts of any evidence of what happened--for example you presumably paid for it and should have some way to show the transaction either in Lindens of RL$. (I think you can dredge up your linden transactions from somewhere on the web page, if not call LL.)

Take a screen shot showing the land belongs to you within the game.

Bring a printout of your real world $$ transactions for paying tier on the land to show that you are paying for it and that the company sees it as yours.

In case you lose (and to show a lack of sincerity on her behalf), bring a copy of the current auctions page and the page showing private island pricing. Those will show that the actual value is not US$5000. Don't harp on this, but just mention at some point that the replacement cost is not $5000.
Kira Cuddihy
Registered User
Join date: 29 Nov 2006
Posts: 1,375
02-04-2008 10:26
I believe you court date is coming up this Friday unless some how it has already been settled. Please let us know what happens here. Wish I could be there with you.
_____________________
Anastasia Langset
Registered User
Join date: 1 Jun 2007
Posts: 3
02-08-2008 12:19
To all of you who wanted to know, the case was dismissed due to the judge not understanding what Second Life was all about, but Dawg (plaintiff) was given the option to file an appeal which she did before leaving the courthouse and she has requested the judge research Second Life.
Darien Caldwell
Registered User
Join date: 12 Oct 2006
Posts: 3,127
02-08-2008 12:56
Not a surprising ruling. :) The amusing part is picturing the judge trying to get through Orientation Island.... only a 1 in 10 chance he'll ever see more than that. XD
_____________________
Chris Norse
Loud Arrogant Redneck
Join date: 1 Oct 2006
Posts: 5,735
02-08-2008 12:59
From: Darien Caldwell
Not a surprising ruling. :) The amusing part is picturing the judge trying to get through Orientation Island.... only a 1 in 10 chance he'll ever see more than that. XD


Just wait till the first noob alt bumps him with a primis. "ORDER IN THE COURT!!!!!!!!!"
_____________________
I'm going to pick a fight
William Wallace, Braveheart

“Rules are mostly made to be broken and are too often for the lazy to hide behind”
Douglas MacArthur

FULL
Shauna Daviau
clearly has issues
Join date: 12 Sep 2007
Posts: 92
02-08-2008 13:16
From: Chris Norse
Just wait till the first noob alt bumps him with a primis. "ORDER IN THE COURT!!!!!!!!!"


ROFL - pardon me, your honor..
_____________________
I used to lose my temper in arguments, until someone told me, "Cooler heads prevail." Thus began my collection in the basement freezer. -- John H. Crocker
Kaia Kittel
*~* Waddles *~*
Join date: 17 Nov 2006
Posts: 154
02-08-2008 13:19
I wonder how Judge Judy would make her av look?!....(actually it's probably best we don't imagine!) :D :D
Scarlett Melnik
Techno-Phobe
Join date: 18 Apr 2007
Posts: 137
02-08-2008 13:37
From: Kaia Kittel
I wonder how Judge Judy would make her av look?!....(actually it's probably best we don't imagine!) :D :D


Baloney!
Dragger Allen
Registered User
Join date: 3 Mar 2007
Posts: 247
02-08-2008 13:40
Just Smiles
Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
02-08-2008 13:42
From: Anastasia Langset
To all of you who wanted to know, the case was dismissed due to the judge not understanding what Second Life was all about, but Dawg (plaintiff) was given the option to file an appeal which she did before leaving the courthouse and she has requested the judge research Second Life.


I wish someone requested that I research Second Life as part of my job.

"Trout, we need you to research Second Life - it's some sort of virtual 3d world thingy. Download it immediately and spend a week or so and then write us a memo. There's plenty of snacks in the break room if you need to work late."

WhooooHooooo! Party Time!
_____________________
From: Jerboa Haystack

A Trout Rating (tm) is something to cherish. To flaunt and be proud of. It is something all women should aspire to obtain!
Kira Cuddihy
Registered User
Join date: 29 Nov 2006
Posts: 1,375
02-08-2008 14:05
From: Trout Recreant
I wish someone requested that I research Second Life as part of my job.
"Trout, we need you to research Second Life - it's some sort of virtual 3d world thingy. Download it immediately and spend a week or so and then write us a memo. There's plenty of snacks in the break room if you need to work late."
WhooooHooooo! Party Time!

They would never see your face again. ;) I think the only reason you have shown up at work at all is because you have no pc and can't get in. Next week will tell the story if you still have a job or not.
_____________________
Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
02-08-2008 14:15
From: Kira Cuddihy
They would never see your face again. ;) I think the only reason you have shown up at work at all is because you have no pc and can't get in. Next week will tell the story if you still have a job or not.


It's on a FedEx truck headed this way as we speak. Delivery ETA is Tuesday.

In addition to screwing around here in the forums, I've actually gotten a whole heck-ton of work done this week, so I expect to be employed next week regardless.

I can't imagine trying to explain SL to a judge. I just can't. Forget all the weird procedural issues you would have with any case, just trying to get a judge to understand that there is real money at stake and this isn't just a dispute over a video game would be a monumental task. Then, to have them go in world to research it? Yikes. They's wind up at some sex club or with their hair stuck up their robes and you would be dead before you even started. It would be much better to do it in written briefs to the court and to keep the judge as far away from SL as possible.
_____________________
From: Jerboa Haystack

A Trout Rating (tm) is something to cherish. To flaunt and be proud of. It is something all women should aspire to obtain!
3Ring Binder
always smile
Join date: 8 Mar 2007
Posts: 15,028
02-08-2008 14:18
i wonder if the judge will use a nickname of Judge _____. ha ha ha
_____________________
it was fun while it lasted.
http://2lf.informe.com/
Kira Cuddihy
Registered User
Join date: 29 Nov 2006
Posts: 1,375
02-08-2008 14:27
Trout have you asked for the whole next month off yet so you can get rid of those withdrawals. I am not quite sure how you have made it this long. Have you secretly installed it at work. I think I would. Hope sl works great on your new pc. Are you taking next Tuesday off?
_____________________
Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
02-08-2008 14:35
From: Kira Cuddihy
Trout have you asked for the whole next month off yet so you can get rid of those withdrawals. I am not quite sure how you have made it this long. Have you secretly installed it at work. I think I would. Hope sl works great on your new pc. Are you taking next Tuesday off?


Yes I have installed it at work, but I haven't had the guts to get on during work hours. I've "worked late" once. Nobody cares what I do as long as my work gets done, but I think SL would be really pushing my luck.

I don't need next Tuesday off, I need Tuesday-March off. I don't even know if I'll be on Tuesday. I have to open the case and make sure those nincompoops plugged everything in and the FedEx guy didn't shake anything loose, then check BIOS and drivers, install firewall, spyware protection, virus protection, play around with settings, then DL SL, Steam, iTunes, install various games, etc. Considering the capabilities of this computer compared to my old one, I'll want to ramp up a few really graphically intense games to see how they look. I can't wait.

I suspect, once I install SL, assuming it runs ok, I will abandon all other plans and go play with all of my friends for...maybe the rest of my natural life. I've missed all you guys!!
_____________________
From: Jerboa Haystack

A Trout Rating (tm) is something to cherish. To flaunt and be proud of. It is something all women should aspire to obtain!
Lana Tomba
Cheap,Fast or Good Pick 1
Join date: 5 Aug 2004
Posts: 746
02-08-2008 19:46
From: Anastasia Langset
To all of you who wanted to know, the case was dismissed due to the judge not understanding what Second Life was all about, but Dawg (plaintiff) was given the option to file an appeal which she did before leaving the courthouse and she has requested the judge research Second Life.


Glad it was dismissed sorry she re filed. pretty sure itll be dismissed again..3 years and I still dont understand SL. :p

~Lana Tomba
1 2 3 4 5 6