Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk - Consumerist Comments

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

Nehmo — Mon, 30 Apr 2007 03:47:03 EDT

It's unethical to serve someone in a manner that's "legal" but yet cases the receiving party to miss the hearing. I don't care if the defendant *is* big bad Dell.

And everybody is judging the merits of this case by listening to one side only. There may be more to the story.

Nehmo

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

BritBoy — Fri, 27 Apr 2007 14:04:12 EDT

Baz, also way late. But you don't need the 'real address'. But you do need to be able to show you correctly 'served' the notice.

And leases can be written without a 'real postal office address'. A map can be draw which identifies the location; 'the land known as kiosk 26B and highlighted in red on map.....'. again, IANAL but I do have such a lease !

BritBoy

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

humphrmi — Sun, 28 Jan 2007 16:37:53 EST

Baz,

This is way late, but every piece of property that is rented out has a proper legal address, Kiosks and all. Otherwise another legal document, the lease, could not be written.

It may well be some contrived address with an odd "unit number" or some such, but it's still legal.

humphrmi

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

Baz — Sun, 28 Jan 2007 11:33:06 EST

So to do this...you need the proper address. Did he just use "Dell Kiosk, by the food court, Paramus Mall, Paramus, NJ 22222"? In NYC, the address to serve papers has to be the proper legal address - this is where it can get tricky. Anyone else had any luck with this?

Baz

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

pestie — Wed, 13 Dec 2006 12:26:25 EST

Why would he want a refrubed laptop anyway? Jeez! He probably sent it back to Dell because it was frubed in the first place!

pestie

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

pestie — Wed, 13 Dec 2006 12:25:05 EST

Why would he want a refrubed laptop anyway? Jeez! He probably sent it to Dell because it was frubed in the first place!

pestie

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

dbot — Wed, 13 Dec 2006 12:02:24 EST

Good story, but their legal team is probably in-house counsel that didn't cost them anything.

dbot

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

segfault — Wed, 13 Dec 2006 11:50:32 EST

Cingular has corporate-owned stores, so this might work for them.

segfault

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

AlteredBeast — Wed, 13 Dec 2006 09:49:12 EST

I don't think this would work for a cell phone company, as often times the kiosks are a franchise, or seperate company. Not to sure how it all works, but I think it is as if they are a company licensed to sell Cingular (or whatever) service and phones.

In this case, the Dell kiosk was set up by Dell, hand had employees who recieved their paychecks from Dell.

AlteredBeast

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

Plasmafire — Wed, 13 Dec 2006 06:47:24 EST

That is freaking awesome, great idea for a new tactic. Can we do this to cellphone kiosks too?

Plasmafire

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

pronell — Wed, 13 Dec 2006 02:57:55 EST

I would presume he won, and they settled rather than trying to appeal.

pronell

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

Smashville — Wed, 13 Dec 2006 00:48:00 EST

Delivering to the kiosk is brilliant for the reason mentioned above. The kiosk is technically an arm of the company...the papers are served to a repressentative of the company. Said rep probably throws them in the trash...you win your case.

Smashville

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

PsychicPsycho3 — Wed, 13 Dec 2006 00:09:50 EST

I'm confused, did they settle or did he win in court?

PsychicPsycho3

Man Sues Dell And Wins... By Serving Court Papers To The Mall Kiosk

Hawkins — Tue, 12 Dec 2006 22:00:33 EST

This is very interesting. Small-claims court, at least here in Virginia, is straightforward to use, as long as you can serve the offending company properly. I am certainly no kind of lawyer, but it seems to me that a kiosk is a physical business presence, likely to satisfy the legal requirements for service, but also likely to be staffed by boobs who won't pass the service along to the corporate attorneys.

Think of all the cell-phone company kiosks...

Hawkins