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sackoloot (Jun. 11, 2016 @ 3:04a) |

You could do all that and a face recognition photo would still bust you. You need to wear a ski mask, gloves and sunglas... (more)

russellt (Aug. 06, 2016 @ 1:04p) |

So... just to be clear. I'm ok if I don't open my mail, but I'd better respond if a sheriff brings something to me. Righ... (more)

busyryan (Aug. 07, 2016 @ 2:06p) |

jerosen said:   
1. sued small claims for $6k. result : dismissed
2. sued in superior court : result : dismissed
3. appealed and sent back to trial court
4. sent 3 different request for admissions for claims of $30k, 300k and 600k
5. defendant did not reply to any of 3 admission requests in required timeframe nor show up in court. Basically this is where he lost by not showing up.
6. only after that did he "finally decided to hire an attorney" who "filed a motion to withdraw the admissions"
7. special judge awards $30k for the scummy career litigant, basically because of item #5 technicality
8 . ruling in #7 appealed in defendents favor and sent down to trial court again
9. trial court next step is pending
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See, this is what happened when people take mikef07 too seriously and try to make money suing people

Wow....... F*ck this guy.

aren't there any consequences for this guy filing so many suits??

rufflesinc said:   See, this is what happened when people take mikef07 too seriously and try to make money suing people
  I think the moral of the story is to answer RFPODs and RFAs

Does Indiana just have outdated laws/court procedures, or could this really happen in most states?

On a side note, this guy should be grateful to even be in our country, but here he is ripping off us citizens.

ArmchairArchitect said:   Does Indiana just have outdated laws/court procedures, or could this really happen in most states?

On a side note, this guy should be grateful to even be in our country, but here he is ripping off us citizens.

  This problem is not limited to Indiana. Most states have this problem

I come from similar turf as this guy.. I'm embarrassed to say the least. 

alamo11 said:   
ArmchairArchitect said:   Does Indiana just have outdated laws/court procedures, or could this really happen in most states?

On a side note, this guy should be grateful to even be in our country, but here he is ripping off us citizens.

  This problem is not limited to Indiana. Most states have this problem

I come from similar turf as this guy.. I'm embarrassed to say the least. 

  Massachusetts?

Article said: ...a native of Ukraine who moved to the United States in 1987 under a grant of political asylum


This guy could teach us on here. I am assuming there is money to be made by filing lawsuits over the tiniest rule that is broken. Suing for fun and profit anyone?

This is like Scott Johnson in northern CA. He just goes around bankrupting small businesses through ADA lawsuits. It's infuriating when our legal system is abused like this.

The lesson here: Never represent yourself in court. Particularly if you're not even a lawyer, and don't want to be bothered to get up to speed on the legalese. Zavodnik is a predator who's using the cluelessness and passiveness of his victims to extract money.
What Costello SHOULD have done is get a lawyer, and then bury Zavodnik in lawsuits till he gave in and paid all the fees and lawyers costs. It's the only way out, because Zavodnik will keep right on going as long as he smells that there's money to be made.

montee4 said:   This guy could teach us on here. I am assuming there is money to be made by filing lawsuits over the tiniest rule that is broken. Suing for fun and profit anyone?
  well yes. see f07, mike.

rufflesinc said:   
montee4 said:   This guy could teach us on here. I am assuming there is money to be made by filing lawsuits over the tiniest rule that is broken. Suing for fun and profit anyone?
  well yes. see f07, mike.

  and Suckisstaples. However, to his credit, he went after shady companies instead of average citizens.

ArmchairArchitect said:   Does Indiana just have outdated laws/court procedures, or could this really happen in most states?

On a side note, this guy should be grateful to even be in our country, but here he is ripping off us citizens.


I am 100% certain they picked this situation to report on because of the douchebags status as a refugee, as it makes it more infuriating.

But make no mistake: Ethically bankrupt douchebags like this are a dime a dozen in the US and most of them hold a valid birth certificate, which is even worse.....

DShaw94 said:   
ArmchairArchitect said:   Does Indiana just have outdated laws/court procedures, or could this really happen in most states?

On a side note, this guy should be grateful to even be in our country, but here he is ripping off us citizens.


I am 100% certain they picked this situation to report on because of the douchebags status as a refugee, as it makes it more infuriating.

But make no mistake: Ethically bankrupt douchebags like this are a dime a dozen in the US and most of them hold a valid birth certificate, which is even worse.....

  Any many of them are real lawyers. Or CEO's of companies (Martin Shkreli comes to mind, or the people running Trump University). I'm not sure I'd call them ethically bankrupt, though. They're sociopaths who simply don't care about hurting others. It's a mental disorder.

Emotional distress over a printer was cited, lol

Interesting. Is his day job a debt collector? Can't they file a lawsuit against the wrong person and if you don't appear in court, you lose and assume the debt that's not yours.

ezletzpla said:   Interesting. Is his day job a debt collector? Can't they file a lawsuit against the wrong person and if you don't appear in court, you lose and assume the debt that's not yours.
  You would need a crooked process server, who claimed he served the defendant papers, but didn't. That DOES happen. It's easy (but of course illegal) for some low-paid server to throw the papers in the trash, and claimed he served them, if the defendant can't be found.

In the current case, though, the defendant simply ignored the papers because he didn't know the law and was representing himself. Bad idea.
 

So this is another reason why you use a google voice number and meet in a public place for Craigslist transactions

superdrew said:   So this is another reason why you use a google voice number and meet in a public place for Craigslist transactions
  You would have to completely hide your identity. Don't accept checks (since the perp could trace his check to get your address/name). Walk to the meeting, or the perp will get your license plate. 

I'm not sure it's practical. If I was the buyer, and saw the seller going to these lengths to hide his ID, I'd walk away because the items are most likely stolen.

The seller CAN however insist on cash payment. That leaves no trace for a court case to be brought, and is also the safest form of payment.

I'm surprised that when Zavodnik lost in Superior Court, he wasn't hit with paying the defendant's legal fees. As far as I know, that's a normal way to prevent abusive lawsuits like this. It takes all the profit out of the game and makes it much more risky to files frivolous suits.

no garage sales either...

This is no different than fat wallet legal tactics except that it's against an unsophisticated counterparty which makes it evil.

So, a guy who is a forensic accountant has no clue that you have to respond to interrogatives and admissions and then doesn't show up in court and thinks it's going to go away?  I have absolute disdain for the plaintiff, but the defendant was an idiot.

canoeguy1 said:   I'm surprised that when Zavodnik lost in Superior Court, he wasn't hit with paying the defendant's legal fees. As far as I know, that's a normal way to prevent abusive lawsuits like this. It takes all the profit out of the game and makes it much more risky to files frivolous suits.
  
I dont' think the defendant had a lawyer at that point so there weren't any legal fees.

This seems to be the summary of the events : 
1. sued small claims for $6k.   result : dismissed
2. sued in superior court :  result : dismissed
3. appealed  and sent back to trial court
4.  sent 3 different request for admissions for claims of $30k, 300k and 600k
5. defendant did not reply to any of 3 admission requests in required timeframe nor show up in court.   Basically this is where he lost by not showing up.
6. only after that did he  "finally decided to hire an attorney"  who "filed a motion to withdraw the admissions"
7. special judge awards $30k for the scummy  career litigant, basically because of item #5  technicality 

 

drodge said:   So, a guy who is a forensic accountant has no clue that you have to respond to interrogatives and admissions and then doesn't show up in court and thinks it's going to go away?  I have absolute disdain for the plaintiff, but the defendant was an idiot.
  
It does say that he " Costello said he never received the requests for admissions and was not notified of the hearing."
And its after that point he hired the lawyer.   So thats not just assuming it will go away.

 

jerosen said:   
canoeguy1 said:   I'm surprised that when Zavodnik lost in Superior Court, he wasn't hit with paying the defendant's legal fees. As far as I know, that's a normal way to prevent abusive lawsuits like this. It takes all the profit out of the game and makes it much more risky to files frivolous suits.
  
I dont' think the defendant had a lawyer at that point so there weren't any legal fees.

This seems to be the summary of the events : 
1. sued small claims for $6k.   result : dismissed
2. sued in superior court :  result : dismissed
3. appealed  and sent back to trial court
4.  sent 3 different request for admissions for claims of $30k, 300k and 600k
5. defendant did not reply to any of 3 admission requests in required timeframe nor show up in court.   Basically this is where he lost by not showing up.
6. only after that did he  "finally decided to hire an attorney"  who "filed a motion to withdraw the admissions"
7. special judge awards $30k for the scummy  career litigant, basically because of item #5  technicality 

 

  
read the article again, another appellate court ruling was the last to happen (March 23, though the linked court opinion was dated May 23) which reversed the judgment and remanded to trial court, retrial didn't happen yet.

8. Appellate court ruled in Costello's (defendant's) favor March 23
9. appeals court opinion says judgment was reversed and remanded to trial court (linked in article):
Because the trial court granted summary judgment in favor of Zavodnik based on the unwithdrawn admissions, we reverse the judgment and remand this matter to the trial court. Before conducting any further proceedings, the trial court shall hold a hearing for purposes of determining whether this case should be dismissed pursuant to Trial Rule 41(E), based on Zavodnik’s repeated, flagrant, and continuing failure to comply with Indiana’s rules of procedure. 
10. The appeals court ordered the trial court to hold a hearing to determine whether the case should be dismissed "based on Zavodnik's repeated, flagrant, and continuing failure to comply with Indiana's rules of procedure." That hearing won't be held before Edens, the special judge from Boone County. He, like many others before him, recused himself. Special Judge Christopher Burnham, of Morgan County, is now on the case.

ctujackbauer said:   
jerosen said:   
canoeguy1 said:   I'm surprised that when Zavodnik lost in Superior Court, he wasn't hit with paying the defendant's legal fees. As far as I know, that's a normal way to prevent abusive lawsuits like this. It takes all the profit out of the game and makes it much more risky to files frivolous suits.
  
I dont' think the defendant had a lawyer at that point so there weren't any legal fees.

This seems to be the summary of the events : 
1. sued small claims for $6k.   result : dismissed
2. sued in superior court :  result : dismissed
3. appealed  and sent back to trial court
4.  sent 3 different request for admissions for claims of $30k, 300k and 600k
5. defendant did not reply to any of 3 admission requests in required timeframe nor show up in court.   Basically this is where he lost by not showing up.
6. only after that did he  "finally decided to hire an attorney"  who "filed a motion to withdraw the admissions"
7. special judge awards $30k for the scummy  career litigant, basically because of item #5  technicality 

 

  
read the article again, another appellate court ruling was the last to happen (March 23, though the linked court opinion was dated May 23) which reversed the judgment and remanded to trial court, retrial didn't happen yet.

8. Appellate court ruled in Costello's (defendant's) favor March 23
9. appeals court opinion says judgment was reversed and remanded to trial court (linked in article):
Because the trial court granted summary judgment in favor of Zavodnik based on the unwithdrawn admissions, we reverse the judgment and remand this matter to the trial court. Before conducting any further proceedings, the trial court shall hold a hearing for purposes of determining whether this case should be dismissed pursuant to Trial Rule 41(E), based on Zavodnik’s repeated, flagrant, and continuing failure to comply with Indiana’s rules of procedure. 
10. The appeals court ordered the trial court to hold a hearing to determine whether the case should be dismissed "based on Zavodnik's repeated, flagrant, and continuing failure to comply with Indiana's rules of procedure." That hearing won't be held before Edens, the special judge from Boone County. He, like many others before him, recused himself. Special Judge Christopher Burnham, of Morgan County, is now on the case.

  
Yeah I missed that, I stopped reading the specifics before the end...

I'd revise it as : 

1. sued small claims for $6k.   result : dismissed
2. sued in superior court :  result : dismissed
3. appealed  and sent back to trial court
4.  sent 3 different request for admissions for claims of $30k, 300k and 600k
5. defendant did not reply to any of 3 admission requests in required timeframe nor show up in court.   Basically this is where he lost by not showing up.
6. only after that did he  "finally decided to hire an attorney"  who "filed a motion to withdraw the admissions"
7. special judge awards $30k for the scummy  career litigant, basically because of item #5  technicality 
8 . ruling in #7 appealed in defendents favor and sent down to trial court again
9.  trial court next step is pending


 

Courier Post and The Indianapolis Star are owned by Gannett (USA Today) - you could read the first and last paragraphs of any article and then be good.

Unfortunately this is the situation in most states. Failure to appear and answer will often default to the so and so who filed the claim err lawsuit.
Judges actually reading anything that you failed to appear for are few and far between.

dang illegals

The appeals court essentially called the trial judge an idiot:
"However, the trial court
allowed Costello to withdraw his admissions that he owes $300,000 and
$600,000 because the underlying requests did not “specifically identify[] the
basis for the damages.” Id. at 38, 44. Following this logic, the trial court would
have granted Zavodnik a judgment for $600,000, or $6,000,000, or $60,000,000,
if Zavodnik had simply linked such an amount to the phrase “for breaching the
legally binding contract.” We believe the withdrawal provisions of Rule 36(B)
require a more probing inquiry than that. "

Disgusts me this guy is going after individuals. He looks smudge next to his pile of lawsuits. If he's got such game he should sue big corps. Suing little guys time after time is shameful. Just my opinion not a declaration of fact you POS (Part of speech).

canoeguy1 said:   
Any many of them are real lawyers. Or CEO's of companies (Martin Shkreli comes to mind, or the people running Trump University). I'm not sure I'd call them ethically bankrupt, though. They're sociopaths who simply don't care about hurting others. It's a mental disorder.

  how are they the problem?

why wasn't Shkreli's drug covered with a price cap?

how come Trump got to set up a "university" BEFORE obtaining gov't approval?
 

zapjb said:   Disgusts me this guy is going after individuals. He looks smudge next to his pile of lawsuits. If he's got such game he should sue big corps. Suing little guys time after time is shameful. Just my opinion not a declaration of fact you POS (Part of speech).
  he should sue big corps? wtf?  do you somehow not realize that they have hordes of lawyers?

nozaw said:   
zapjb said:   Disgusts me this guy is going after individuals. He looks smudge next to his pile of lawsuits. If he's got such game he should sue big corps. Suing little guys time after time is shameful. Just my opinion not a declaration of fact you POS (Part of speech).
  he should sue big corps? wtf?  do you somehow not realize that they have hordes of lawyers?

  Had to make a new account wtf?

Yet another good reason to have an umbrella insurance policy. They are cheap and in the unlikely event you are sued, the policy will pay for your defense and pay out if you lose.

DrForce said:   Yet another good reason to have an umbrella insurance policy. They are cheap and in the unlikely event you are sued, the policy will pay for your defense and pay out if you lose.
  umbrella pays for lawsuits over craiglist sales?

Skipping 82 Messages...
So... just to be clear. I'm ok if I don't open my mail, but I'd better respond if a sheriff brings something to me. Right?



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