22 Sep 08 Small Claims Court – Self Help
This only applies to victims in the US…
For any of you thinking that you cannot take Gisol to Small Claims Court because you cannot get to Los Angeles, please see:
http://www.courtinfo.ca.gov/selfhelp/smallclaims/findright.htm
Gisol’s contract states:
ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, CALIFORNIA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
But, as with many points in their contract, it may not actually stand up in court. See this quote from the California Courts Self Help section on Small Claims:
What if I’m suing because of a contract?
You can file in the county where you signed the contract. You can also file where the defendant lived or worked when you signed the contract.
Don’t assume you have to be in Los Angeles to file a small claims – check with your local courts. And don’t just accept the quick answer.
You signed your contract at home on your computer.
A victim posting on this site successfully took Gisol to Small Claims and WON. Read her Story.
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[...] is done in Small Claims Court. (For information on Small Claims Court, see http://www.report-gisol.com/2008/09/22/small-claims-court-self-help/). The credit card companies gave our money away over our protests. We all followed their claim [...]