sparr: (Default)
Clarence "Sparr" Risher ([personal profile] sparr) wrote2010-07-08 04:25 pm
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Georgia Magistrate Court

I'm planning to bring a civil action against a company that won't stop robocalling my cell phone. 3-5 calls a day, most leading to a recording. The statutory damages are $500 per infraction, times three if they are willful. A few days of calls provides enough infractions to hit the $15000 claim ceiling*.

I need two things to help me in this endeavor.

1) A loaner phone that is capable of recording calls. I am on T-mobile and can swap my SIM over.

2) Advice on dealing with the filing process. How do I find out exactly who (company/person) to name as the defendant(s)? Is there a best day or time to visit the courthouse? Are there any 'tricks' I should know about to make the process smoother?

* - Should I claim $500 per call for 30 calls, or $1500 per call for 10 calls?

[identity profile] gailmom.livejournal.com 2010-07-08 08:31 pm (UTC)(link)
I know nothing. I'm completely ignorant.

Just saying this so you'll know how much weight to give my opinion.

I'd go with $500 per call for 30 calls. Sounds more irritating and yet not asking overly much per irritation, if that makes sense....

[identity profile] xalolo.livejournal.com 2010-07-08 09:16 pm (UTC)(link)
Make sure you've done all the research necessary to nail them down on it properly, too! Sometimes to claim the infraction you need to have notified them first to stop.

[identity profile] thespian.livejournal.com 2010-07-08 11:37 pm (UTC)(link)
I am sending you the email address of a friend of mine, who also used to live in the ford factory, and who is almost a lawyer. She is heading to criminal, not civil law, but she knows the ropes you need.