Hrm... I hadn't quite thought of it like that. Thanks for the info Rob.

Now, you seem knowledgeable in this area, so I have another question.

He is in Calgary, and I'm in Ottawa. That's a bit too long of a road trip for me

So would I have to file there or here? If it's there, do I have to do it all in person?

Basically I'm looking to find out how much of a PITA this will be given he's so far away.

Thanks!

 

You should be able to file where you are and have a process server deliver the copy to him. A process server is a company that is in the business of delivering court documents and is entrusted to deliver them properly with adequate legal proof of delivery. They work hand in hand with other process servers around Canada and should be able to forward these documents to the appropriate process server in his area. This will then require him to travel to Ontario to face the allegation as well. As I pointed oout earlier a no show by him will result in a favourable outcome for you and quite possibly an arrest warrant for him. Should you have to travel to Calgary to file, do it, the entire cost of the trip will have to be paid by him (but a check with the Province of Alberta would be in your best interest).

What I would do first is send a demand letter by courier that has proof of delivery. If he ignores this step then follow through with the small claims action. One cannot say my computer had a virus when a demand letter shows up at the door.

Again no offence against him either, I do not know who he is, but good faith or not does not solve your problem. He is the one that let you down.

 

Thanks for the info Rob, I really appreciate it.

Looks like I've got to start getting some paperwork done.

 

u dont mess around with government employees. JordyO can get pretty nasty and mid evil on your azz.

 

Make sure that you send the notice to him "registered". Then someone at his residence has to sign for it as proof that it was received. From that point as MR2NR said.. you can dile for a small claims court complaint.

If there is no response from him (as was the situation in my case) then that is an automatic admission of guilt on his part and you can set up with the sherrifs to see if there are any liens against him already (which would prevent you from getting anything) and then you can have them seize assets equal to the amount he owes you.

Where I had gotten to the point of getting the sherrifs to seize assets.. I taped the"request for seizure" on the persons front and back door before I filed the $75 claim. The plaintiff called me that night and gave me my money.. she didn't want her new boyfriend to know she owed money and the notices scared her into reacting...good luck!

[ July 29, 2004, 03:40 PM: Message edited by: Bzzliteyr ]

 

We can also send the Greek Mofia out if need be.

 

Hehe... I guess we'll see what happens. [img]graemlins/deal4u.gif[/img]

The fun part about working for the gov. is that my boss doesn't hound me, so I have LOTS of free time to get stuff like this done

 

I've met Rob and he seamed like a good guy at the time. Its funny because he is so active in the scene that it would be in his best interest to clear this up ASAP.

To Rob V.O., don't let us all down bro.

 

^ really, this is crazy, he has been a solid guy for a long time and provides product nobody else can... I dont want to believe it... but stuff happens in business and people go broke and computers crash

Lets hope this situation can unscrew itself

 

Yeah, I'm pretty shocked about the whole thing given who I am dealing with.

I'm going to give him a call today and give him a final chance before I start sending out the paperwork.

I really want to believe that it's just a problem with parts availability and he isn't trying to scam me.

But I just know that if it were a parts problem and I were in his shoes I would REALLY make sure that I contacted my customer frequently.