Then you can go back and figure out how to get your money, depending on the business this might be really hard.
And this isn't a hypothetical. I have had this and never seen any of the money from the judgement....
The keeper can accept cash and checks, but not credit or debit cards.[1] So, while the keeper is present, the business cannot accept card payments. This disrupts most businesses so badly that they desperately scramble to come up with cash to pay their debt.[2] It gets the message across to management very effectively.
I've done this once. I got paid in full.
[1] https://sfsheriff.com/services/civil-processes/levies/carry-...
[2] https://www.grundonlaw.com/the-power-of-till-taps-debt-colle...
If the judgment debtor has only personal property and no real estate, the situation is very different. Personal property depreciates with time, can be damaged and can be easily hidden. Real estate is not going anywhere. One of two things will eventually happen with a judgment lien on real estate. If the debtor is financially viable, he will eventually have to pay off the judgment lien in order to sell or refinance the property. One day, the telephone will ring and someone will want to know where to send the check.”
https://www.yahoo.com/news/articles/bank-america-foreclosed-...
(Consult a lawyer before trying anything like this)
Assume that all the avenues a company has to enforce debts against you, you also have those avenues to enforce debts against a company. It just usually doesn't happen that way around, in practice.
The main headache is finding their bank account. The best way to do this is to find someone they pay and seeing what source account was used.
We got to the point that the other party just didn't show up, and the judge just set a new date multiple times...
The judge could've gone for a bench warrant, where a sheriff picks up the person the day before to make sure they're present... But that also didn't happen.
If there's no physical store, just cross your fingers they pay the judgement
If that doesn't work, you can always go to the police/bailiff with the court order and schedule a date/time for them to go with you to their offices to seize and auction off their stuff.
small claims court might not work against a dodgy builder, but it will certainly work against a company, with physical offices
if they don't pay up, you can literally walk into their offices and start taking their stuff, with the police supporting you
I'd start with the contents of Amodei's office
A friend of mine did this for a shady company that turned out to be a 1 person company, that then dodged the fine basically by not paying and disappering. I don't know the details, but apparently something happened legally where the guy popped back up on the radar a decade later, a parking fine or something? And as a result the cops showed up to his house and started taking his stuff, causing him to actually pay the fine. I don't remember the details, but the point is it can apparently get somewhat crazy on a small size level, apparently.
A plaintiff won a judgment. He asked the judge: “what do I do now?” The judge replied: “well, if you’re reading the paper one day and see ‘defendant wins the Powerball,’ then you know exactly what to do.”
Noncompliance with a court order is one of the worst situations to be in, because a court can order almost anything to coerce compliance, including getting your bank to just send the money to the plaintiff, freezing your bank accounts, sending a sheriff to take your assets, or putting you in jail for an unlimited time until you comply - this last one often happens when cryptocurrency is involved so the court can't actually seize it. They'll just jail you until you give it up. I think the longest contempt of court time was 20ish years.
Everyone all files in for the session and the Judge patiently explains... "we do not do enforcement here, to be very clear. A judgment in small claims means the court agrees you are owed what is owed in the judgment, no more. You can contain the Sheriff's Department, etc., for arranging enforcement of the judgment..."
Sure as shit, first case on the docket is some landlord/tenant dispute. Gets figured out and one of the parties is awarded $1,200... Very next comment out of his mouth, "Where do I go to pick up that check?" Judge, with a sigh, "As I explained twelve minutes ago, small claims court does not do enforcement". "I thought I went up front and picked up my check and then you got the money from him." "No. I am ... unclear ... why you think that would be the case."
I found myself wryly amused by this. Like the court is just cutting checks for every awarded verdict and "oh, we'll figure out how to make the loser pay somehow, but here, you don't need to worry about that, here's your check".
I naively disputed Steam not honouring a refund (it was for about 0.5% of what I've spent with them up to that point), a couple of £pound at most. I'd paid by PayPal and as Steam refused to abide by UK law (Consumer Rights Act says broken stuff has to be fixed or refunded), I raised the issue with PayPal. I expected Steam would refund me, instead they did not dispute that they'd unlawfully failed to refund me, so PayPal - Steam's provider - cancelled the charge.
In response, Steam 'limited' my Steam account - effectively closing it temporarily. Now it's limited so they won't use PayPal to sell me anything now, so I haven't bought anything from them since [I have cashed in CS skins, and used that cash to 'buy' games].
It was an interesting lesson in 'might is right'. PayPal were able to refund the transaction because Steam want them and had no argument against the refund. Steam were able to cut me off because this appears to be a loophole in UK consumer law - sellers who break the law can just dismiss buyers who ask for refunds. Lesson learnt.
From Steam's point of view, they pissed off a customer and probably burnt 30mins-1hour of support time in answering my requests, way more than the cost of the refund. But selling games, which I later found Steam knew was broken, and then not refunding because I had the tenacity to try and fix it - meaning that the game sat open for longer than their auto-refund time - is not on imo. Petty of me for sure. Crap of Steam too.
Not petty of you IMO. It's what everyone ought to do but it's inconvenient so most people don't.
Freedom of association applies to individuals; it's a non-sequiter here.
I do not believe that refusing to do business with an individual, where your business provides a non-life-critical service, is retaliation. A water company refusing to provide water to your home would be problematic. A luxury handbag store refusing to allow you to purchase more luxury handbags would not.
Image as a hypothetical that a customer goes into your store for the sole purpose of wasting your support staff's time. They are not going to make a purchase. They are also not directly committing a crime. They are just hurting your business for no particular reason.
Should you, as a business owner, be forced to allow them to continue to be on your property?
I think the ideal answer is yes for critical public spaces, and no for ordinary retail.
Steam clearly falls into the latter category and should be free to ban customers for any reason save discrimination against protected classes.
This isn't accurate. It might not threaten your life or pose any great hurdle to overcome but retaliation has nothing to do with that. If they did it in response to an action you took not to solve a problem but instead out of spite or to otherwise get back at you then it is retaliation.
That isn't the same as refusing to do business with someone who isn't productive to associate with. The two are entirely separate categories.
Of course any business (including Steam) will attempt to argue that an instance of the former is actually the latter, and a difficult customer will attempt to argue that an instance of the latter is actually the former. Regardless, Steam (and most other businesses) behave in a clearly retaliatory manner regarding chargebacks. In cases where the company failing to respect the individual's legal rights is what led to the chargeback that shouldn't be permissible.
To frame it in the terms you used, any otherwise legal activity stemming directly from the company having violated an individual's legal rights should be treated in the same way that a protected class is.
I do not think it would be good public policy to prohibit this. I also don't believe, in the United States at least, this conduct is currently legally prohibited.
I previously gave an example of a situation in which I think the correct resolution is for the business to, as you put it, retaliate against someone exercising their legal rights.
A second example of the same type of retaliation is a business denying future sales to an individual who repeatedly purchases and then returns physical merchandise. I think blacklisting that individual is both morally and legally sound.
For the record, I think the definition of "retaliation" needs to include a desire to harm the other party. If your only desire is self-protection, I do not believe it qualifies as retaliation.
I don't believe anything was rescinded in the situation being discussed; Valve just prevented the user from continuing to use their community/marketplace services. This makes sense because they were put into the bucket containing fraudulent or abusive user accounts.
>can even download those
So what you're saying is I should find a fat juicy data pipe somewhere and download stuff from Steam until I fill /dev/null... ;oP
Seriously the. 15 minutes or so of support time will have cost more than the game did in this case, but it really is the principle. Stealing lots of small amounts from lots of people is still criminally dishonest.
Fuck I hate being old and having to be on this side now.
I know being helpless against tech companies is a major trope in these comments but this is basic everyday transaction stuff. Plan on being on hold with your credit card company but not being a central target for a trillion dollar AI startup because you asked for a $100 refund.
You’re not going to get an email telling you that you’re banned. Your payments will just start being declined, and they won’t be able to help you. They’ll suggest you try another card. That won’t work either.
Maxmind includes a “chargeback risk score” in the api response for everybody who uses their minfraud service. They’re not doing that because companies don’t use it.
A scammer went to the trouble of creating an entirely different ebay account registered to literally "pirate[xxxxx]@..." using my same name. Then they found a tracking number to my same zip code. Then they bought (fake) items from a second scammer account using my stolen credit card to "wash" the money.
When I filed a chargeback ebay came back with a fat stack of paperwork and absolutely fucking buried me. They had the tracking number to "me", they had "me", they had the invoices to "me", they had my credit card, and their lengthy report had all the right words in all the right places and dressed up in all the right banking mumbo-jumbo and they convinced my bank so well that my bank suggested I was a fraudster myself and then my bank closed my accounts. I couldn't even sue them because at that precise time I moved cross country and couldn't get to the court to sue them in. I ended up eating the better part of $1000.
Ebay is absolutely fucking savage at chargebacks. They appear to have people trained specifically to bury in paperwork anyone that tries to challenge fraudulent charges.
The guy who invented the windshield wipers went bankrupt and had to wait something like 20 years for his case. He won but it probably wasn't worth it.
If not, then it might be better to go the small claims court route.
So, you can waste as much of their money as they wasted of yours.
It makes sense if you understand, to their eyes, that $200 is more like $10.