How to deal with big corporations

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jharris352

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I want to take a minute to post an example of something I did that you can do too, that will get you results WITHOUT going to court.

I was recently in a battle with an insurance company. I calculated that they owed me $13,600. After Six weeks of dithering, this company came back to my private adjuster and told them that they felt they only owed $6,375. This was after having admitted earlier that they probably owed $11,000.

The Insurance company was trying to wear me out. They were making a stand and hoping I would just take the money and slink off. :dgrin Not Likely. :no:

Learn to use a registered agent

Many people make the mistake of threatening the BUSINESS UNIT of an organization with suing them. Business units are the day to day business people that you are dealing with. They have little fear of a law suit because they first don't think you will follow through and they secondly don't have to pay for it. NEVER THREATEN THE BUSINESS UNIT WITH SUING, to get any results you have to threaten the Legal Department. Now many people make the mistake of calling the Business Unit and asking to speak with the Legal Department. That won't work. They don't want you talking to their attorneys.

All you have to do is go to your friend Secretary of State's Web site (this even works for corporations out of state who do business in your state) and look up the company you are dealing with. They will have listed a Registered agent with a name and address. If it is a large company it will be something like CORPORATION SYSTEMS, Inc serving as their registered agent. The registered agent is the Public's access to the company's legal department. You will not be able to call them. Law is done in writing.

Draft a friendly but matter of fact letter, no more than 2 pages, that demands what you want. End the letter by giving them 10 business days to act or you will file suit in Small Claims Court. Give them a little more time 20 days if it is a real complicated issue. Send the letter to the registered agent by Certified Mail (no need for a return receipt).

When the registered agent gets this letter it goes DIRECTLY to the Legal Department. Lawyers look at problems in terms of dollars to defend, not who is right and wrong. If you are threatening to go to Small Claims Court, it is a court of NO record. The company has to send a $250-$500/hour attorney to defend your initial suit 2-5 hours ($500-$2500). If you lose, the company knows that you can automatically file an appeal (de novo=new trial) to the State Court. This is a bit more complicated for them and will cost them no less than $2500-5000. So, if the difference between what you are asking for and what they company wants to do is less than say $7500 the legal Unit will advise the Business Unit to PAY UP. They will follow the advice.

In my case, remember they spent 6 weeks deciding to go down on their offer, my letter reached the registered agent on Wednesday. The company contacted my private adjuster on Friday (2 days later) and agreed to my full settlement amount. They further agreed to have a check overnighted to me on Monday. So they changed their entire negotiating position in TWO days.

Learn the power of writing letters to the Registered Agent. :yes:
 
Good advise, but I think you are wrong on one part (although it's still in the customer's favor) - isn't ti a fact that a lawyer cannot be the one to represent the company in small claims court? This would mean they would have to send a regular employee (non lawyer).
 
I'm not aware of any place that bars lawyers from representing people in small claims court. If people want to throw big money at small problems they're entitled. I am aware of court rules that require small claims parties to personally attend in some matters, mostly to facilitate settlement.
 
No, there is no prohibition against an attorney representing the client. You want an attorney representing the corporation. I have used this method a number of times (against Delta, WalMart, a Vacation Time Share, Ford). I don't do it unless I have a real claim. Some use similar strategies to defraud large corporations.
 
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