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Do you hate lawyers? 30 K lawsuit for $40 printer.


marylander1940
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INDIANAPOLIS --- Selling a used, black-and-white printer through Craigslist seemed simple and straightforward to Doug Costello.

 

It wasn't.

 

What the 66-year-old Massachusetts man didn't know then is that he would spend the next 6 ½ years embroiled in a complicated and confusing legal dispute in Indiana over that printer, which, according to its buyer, was broken.

 

He would find himself liable for about $30,000 in damages. He would pay a lawyer at least $12,000 in his battle to escape the legal mess.

 

And it all started with a piece of hardware he sold online for about $40 in 2009. With shipping and other costs, the total was less than $75, according to court records.

 

The printer's buyer was Gersh Zavodnik, a 54-year-old Indianapolis man known to many in the legal community as a frequent lawsuit filer who also represents himself in court. The Indiana Supreme Court said the "prolific, abusive litigant" has brought dozens of lawsuits against individuals and businesses, often asking for astronomical damages. Most, according to court records, involve online sales and transactions.

 

Zavodnik, a native of Ukraine who moved to the United States in 1987 under a grant of political asylum, sued Costello, accusing him of falsely advertising a malfunctioning printer with missing parts, and pocketing Zavodnik's money. According to a complaint filed in Marion Superior Court, Zavodnik tried to resolve the issue with Costello to no avail, leaving him with no other choice but to take legal action.

 

http://www.usatoday.com/story/money/nation-now/2016/06/06/man-sued-30k-over-40-printer-he-sold-craigslist/85478168/

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This seems to be an abusive misuse of the legal system. If litigant had to pay for the defendants expenses, thing like this would be much less likely. Tort reform is desperately needed in this country.

 

If contingency lawsuits were eliminated I think things would improve. But what are the majority of these makers in this country? Lawyers.

 

Whilst I'm on it: I do believe that most other countries do not have contingency lawsuits, which is why they have fewer frivolous lawsuits

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This seems to be an abusive misuse of the legal system. If litigant had to pay for the defendants expenses, thing like this would be much less likely. Tort reform is desperately needed in this country.

 

"De los tontos y los porfiados, viven y medran los abogados"

 

"Of the fools and the stubborn, lawyers make a good living".

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Uhm... The USA Today article linked in the original post clearly states towards the beginning that this guy is not a lawyer. So, the title of this thread is inaccurate, although I understand the overall sentiment.

 

I was going to point this out as well. The plaintiff is a serial abuser of the judicial process and not an attorney. The respondent failed to file replies in at least two instances and that's why this case still lives.

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I was going to point this out as well. The plaintiff is a serial abuser of the judicial process and not an attorney. The respondent failed to file replies in at least two instances and that's why this case still lives.

This is a case of legal extortion. It should be recognized as such. It should be dealt with in the manner of other types of extortion.

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if defendant had gone to court after the 30 day deadline passed for responding (which caused the request for admissions to be deemed admitted) and requested judicial relief on grounds of inadvertence or mistake, the trial court likely would have allowed defendant leave to late file answers to the requests. The trial court will often grant such relief, especially to an in pro per defendant, as long as the defendant doesn't wait to long (i.e. more than 6 months) to seek relief.

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Tort reform is desperately needed in this country.

 

In medieval times, an accuser who failed to prove his case could be made to suffer the same fate that would have befallen the accused had he been successful in prosecuting the case. This approach really cut down on civil litigation. http://www.medieval-life-and-times.info/medieval-history/feudal-justice.htm

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This seems to be an abusive misuse of the legal system. If litigant had to pay for the defendants expenses, thing like this would be much less likely. Tort reform is desperately needed in this country.

 

I understand the impulse for this, but I believe that kind of "reform" would be counterproductive. There are far too many people who have legitimate legal claims, but cannot afford lawyers and court fees so as to press them. I think it's terrible that economics plays the dominant role in whether people can access the justice system. Making tort plaintiffs pay defendants' legal fees if they lose, would exacerbate the injustice in what is already an unfair process. The courts already have mechanisms to prevent certain individuals from abusing the system, including making repeat offenders such as this guy obtain permission before initiating new lawsuits, and/or imposing monetary sanctions for frivolous conduct. I'm unsure whether such mechanisms were employed here.

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  • 2 years later...

Don't the Repubs often use trial lawyers as one of their targets during campaign season? Ted Cruz did it this last weekend.

 

Voters prick up their ears, same as they do when the Repubs warn about Nancy Pelosi.

 

Politicians used to blame skyrocketing health care on medical law suits. That argument doesn't seem to fly anymore does it?

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Its trendy to hate lawyers .... until you need one.

Nah. I just go to LegalZoom.com.

 

Actually the legal industry (not profession) is going thru the same sort of automation process that put thousands of bank lenders in the bread line 20/30 years ago. Couldn’t happen soon enough or to a more deserving bunch.

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If you like that then you’ll love this:

 

Washington Post, 10/16/18

 

'Swipe right to sue’: Now you can file lawsuits the same way you find hookups on Tinder

...the founder of a legal-services app says his product now allows users to sue someone with their smartphones and claim awards from class-action lawsuits the same way they’d select a match on Tinder -- with a quick “swipe right to sue.”

 

Since those new services launched Wednesday, the app, known as DoNotPay, has been downloaded more than 10,000 times, according to its founder, Joshua Browder, a 21-year-old senior at Stanford University who has been labeled the “Robin Hood of the Internet.”

 

How does it work?

 

Once opened, the app tells users they can sue anyone by pressing a button. The app then asks several questions about the nature of the filing, as well as users' name and location, before asking them to fill in the amount they want to sue for.

 

After directing the claim to one of 15 separate legal lanes -- such as an automobile accident or recovering personal property -- the app provides users with the documents necessary for their suit, including a demand letter, county filing documents and even a strategic script to read in court. Users print out the documents and mail them to the relevant courthouse, setting the lawsuit in motion.

 

The app can also analyze a user’s receipts and email, and display all the class-action lawsuit settlements they’re eligible for, Browder said.

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