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Alicia writes (11/19/03):
On November 10, 2003 he reassured me that the papers would be ready, and have good quality work, no later than November 14, 2003. I sent my final payment of $500 on November 14, 2003. I called John M. on November 15, 2003 because I had not received my term papers. He said I could not have the papers because the final payment of $500 had not been sent. I told him the funds where sent as of 11:42 a.m. November 14, 2003 as I promised. He then said he would have to call me back. On Monday, I had not heard from John M. I called John M. Monday morning around 9:00 a.m. and asked where were my papers. He said he would have to call me back in 15 minutes. I told him if he didn't call me back, I would contact the writer directly. He didn't call me back. As promised, I sent the writer a listing of all payments made and their corresponding dates. I also asked the writer when could I expect to receive my papers. The writer didn't respond to my email. About 15 minutes after sending the writer an email, John M. called me and left a voicemail. I called him back within 10 minutes of him leaving me a message. I asked where were my papers. He said I could get one of them by Friday November 21, 2003. I became extremely angry. I asked him why weren't the papers ready by November 14, 2003 as promised. He began talking about something that I didn't bother to pay attention to. I cut him off and told him the extension could not happen because I need the papers by no later than November 19, 2003. I told him if I didn't receive my papers, in a usable condition, by November 19, 2003, I would be taking legal action. I told him that was not a threat, but a promise. Because I have not received by papers by the promised date, I have failed two classes. Therefore, I want to sue for the money sent plus Western Union fees, and the money for this quarter's classes (I have the exact dollar amount). If possible I would also like to sue for the cost of flying to Philadelphia to file the complaint and the cost of flying for the actual court date. I believe since I am the plaintiff, I cannot sue him for lost wages, but if I can I want to sue him for that as well. Alicia should study our Small Claims Court library. If she applies herself in a scholarly manner, she should be able to pass her small-claims final with no problem. However, she may want to consider that the court record is a public document and anyone -- like, say, one of her professors -- might stumble onto it someday. |
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