smyl
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July 29, 2012, 01:06:06 AM |
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I would like to be counted as a No for the class action crap...
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BCB
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BCJ
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July 29, 2012, 02:55:51 AM |
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I would like to be counted as a No for the class action crap...
It is a "small claim" not a "class action". Fortunately if thebitman and patrick can come to terms the loan will pay off the creditors. For the record. Small Claims participants. Yes +5 No +2 |
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smyl
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July 29, 2012, 05:36:07 PM |
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I would like to be counted as a No for the class action crap...
It is a "small claim" not a "class action". Fortunately if thebitman and patrick can come to terms the loan will pay off the creditors. For the record. Small Claims participants. Yes +5 No +2 for the people who agree to it, it is essentially the same thing... they would give up their right to collect, to the person bringing forth the action in small claims court... |
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BCB
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July 29, 2012, 05:42:09 PM |
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Correct. The 5 participants have already agreed to that.
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smyl
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July 29, 2012, 05:49:34 PM |
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Correct. The 5 participants have already agreed to that.
so the 5 participants have agreed to join the class of people taking TheBitMan to small claims court? |
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DeathAndTaxes
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Gerald Davis
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July 29, 2012, 05:54:58 PM
Last edit: July 29, 2012, 06:27:02 PM by DeathAndTaxes |
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so the 5 participants have agreed to join the class of people taking TheBitMan to small claims court?
I think everyone including BCB is willing to see if TheBitMan can secure a loan. I would also point out TheBitMan didn't begin looking for a loan until talk of a lawsuit started. My guess is that TheBitMan's parents could pay this debt and get reimbuses in 180 days (even if it required using a credit card cash advance) but likely they know nothing about it. My guess is that TheBitMan doesn't want them to learn about his PayPal adventures. A lawsuit would certainly make his parents aware. If TheBitMan secures a loan and everyone is repaid then there is no need for a lawsuit to go forward. If he can't secure a loan, he can get his parents to advance the funds. If he is unwilling to do either a small claim lawsuit will force the issue and also protect the interest of the creditors. |
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BCB
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July 29, 2012, 05:57:06 PM |
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Correct. The goal is to get paid back. If a loan is not secured then five creditors have already agreed to allow one creditor to file a small claim in TheBitMan's county on the behalf of any funds owed to them. Any judgement received from the small claim would be distributed to the creditors according to their individual claims.
Edit: The claim would actually be filed against TheBitMan's parent or legal guardian as he is a minor.
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smyl
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July 29, 2012, 06:01:39 PM |
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Correct. The goal is to get paid back. If a loan is not secured then five creditors have already agreed to allow one creditor to file a small claim in TheBitMan's county on the behalf of any funds owed to them. Any judgement received from the small claim would be distributed to the creditors according to their individual claims.
Edit: The claim would actually be filed against TheBitMan's parent or legal guardian as he is a minor.
So you agree that the people have joined a class of people that are allowing one member to file a claim against TheBitMan's parents, and you feel the need to be a pedantic prick, and correct me calling it class action crap... |
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DeathAndTaxes
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Gerald Davis
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July 29, 2012, 06:07:54 PM |
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So you agree that the people have joined a class of people that are allowing one member to file a claim against TheBitMan's parents, and you feel the need to be a pedantic prick, and correct me calling it class action crap... It isn't a class action lawsuit. That requires certification as a CLASS. Your use of the word "class" is confusing given a lawsuit is a legal action and the term "class" has a specific legal meaning. Only a judge can certify a group of claimants as a class. So someone correcting you that it isn't a class action lawsuit is simply being factual. The proposed legal action would be a claim in small claims court. There wouldn't be a class there would be a single claimant and one (or possibly two) defendants. Any agreements between other creditors and the filing claimant would have no bearing in the case. |
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BCB
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July 29, 2012, 06:13:49 PM |
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Thanks D&T
For further clarification - only one (1) individual can bring a small claim in this jurisdiction.
"The jurisdiction of small-claims courts typically encompasses private disputes in which large amounts of money are not at stake. The routine collection of small debts forms a large portion of the cases brought to small-claims courts." -Wikipedia.
When necessary, I've filed several small claims in the past and have found the process to be surprisingly quick and effective.
Edit: When a successful judgment is returned then the courts take over the process to ensure the debt is paid and as anyone knows who has been served with a court ordered judgement there are additional legal and financial ramification if the judgement is not paid in the time specified.
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redrobin
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July 29, 2012, 06:20:54 PM |
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I think everyone including BCB is willing to see if TheBitMan can secure a loan. I would also point out TheBitMan didn't begin looking for a loan until talk of a lawsuit started. My guess is that TheBitMan's parents could easily pay this debt even if it required using a credit card cash advance but like TheBitMan doesn't want them to learn about his PayPal adventures. A lawsuit would certainly make his parents aware. If TheBitMan secures a loan and everyone is repaid then there is no need for a lawsuit to go forward. If he can't secure a loan and is unwilling to get his parents to advance the funds he owes well a small claims filing can't hurt.
[/quote]
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TheBitMan (OP)
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July 29, 2012, 10:25:32 PM |
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I think everyone including BCB is willing to see if TheBitMan can secure a loan. I would also point out TheBitMan didn't begin looking for a loan until talk of a lawsuit started. My guess is that TheBitMan's parents could easily pay this debt even if it required using a credit card cash advance but like TheBitMan doesn't want them to learn about his PayPal adventures. A lawsuit would certainly make his parents aware. If TheBitMan secures a loan and everyone is repaid then there is no need for a lawsuit to go forward. If he can't secure a loan and is unwilling to get his parents to advance the funds he owes well a small claims filing can't hurt.
+ [/quote]I was sending people messages before I posted the thread but no one was willing to do it. |
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chungenhung
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July 31, 2012, 12:31:51 AM |
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so basically the thebitman has decided to pay everyone but me.
This is what he sent me in the PM
"If i added you to the loan I could end up oweing the loaner a lot more than Is in my paypal, right now its ok though. I now have the job but im not sure how well it will pay or how often i will work but i will take that money (i have to start working first) and put it with money i already have and pay you as soon as i can."
This means he already spent our money.
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PatrickHarnett
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July 31, 2012, 12:41:10 AM |
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Hmm, well I haven't heard from TheBitMan the last 24 hours, and this is an unexpected development.
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BCB
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July 31, 2012, 12:43:53 AM |
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so basically the thebitman has decided to pay everyone but me.
This is what he sent me in the PM
"If i added you to the loan I could end up oweing the loaner a lot more than Is in my paypal, right now its ok though. I now have the job but im not sure how well it will pay or how often i will work but i will take that money (i have to start working first) and put it with money i already have and pay you as soon as i can."
This means he already spent our money.
He said as much a month ago. https://bitcointalk.org/index.php?topic=83679.msg1006417#msg1006417 |
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redrobin
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July 31, 2012, 01:15:30 PM
Last edit: July 31, 2012, 01:27:36 PM by redrobin |
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What state does thbitman live in? Anybody have his info? I'm paying to do a search for his info, have to wait 2 months till he's 18 for it all to be released SSN and stuff. He's made no effort, all I need is his state, hoping somebody here will provide with that.
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BCB
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July 31, 2012, 01:26:56 PM |
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Yes we do have his contact info which will be used for the sole purpose of filing the claim and will not be released here. As we have not heard any progress on the loan or any other recent communication from TheBitMan I think it may be time to file the claim. For those users who have not already done so, please PM a screen shot of the reversed charges from TheBitMan. This will be used to present evident of the amount owed and will also be used for redistribution of any funds.
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redrobin
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July 31, 2012, 01:30:21 PM |
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What state are you filing in?
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BCB
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BCJ
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July 31, 2012, 01:30:46 PM |
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NY
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BCB
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July 31, 2012, 01:42:22 PM |
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BurtW
Thanks for your efforts on our behalf. Obviously a loan it the best possible option for all involved. And I think as long as everyone knows that TheBitMan is working towards that goal everyone is glad to continue to be patient. So any updates on progress from you, Patrick or TheBitMan would be appreciated.
Meanwhile the Small Claim remains a viable alternative.
Thanks.
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