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注意：以下內容可能有風險，請讀者自已判斷，或請相關律師參考。
作者:香水有時有毒
每一個在美的華人都可以到當地的法院去控告cnn和卡弗蒂，索賠500美金。你只需花50美金。你也可能得不到賠償，因為你無法證明你遭受500美金的損失。但每一個案件就要花掉cnn 1000美金， 而且cnn也不能反告你，因為你沒有給cnn造成損失。如果有5000個華人這樣做，cnn必須馬上應訴。你可以在美國任何地方上訴，越偏遠的地方越好。
我是這樣做的：
我在堪沙斯州，我在一民事法庭對cnn及卡弗蒂提出索賠控訴。 cnn的地址：
Address ONE TIME WARNER CENTER
NEW YORK, NY 10019
Telephone 2124848000
我的理由：cnn的僱員卡弗蒂當眾辱罵中國人是一群暴徒和傻子， 傷害了我的名譽，導致我損失了500美金。
分析：
1， 為什麼500美金？
在堪薩斯州，500美金以下的案件，我只需出30美金的上訴費，500美金以上，我要付50美金。
2， 下一步。
我寄掛號信寄給被告。
3， 以後會怎樣？
a, 如果被告未出庭，cnn賠我500美金，外加我那30美金訴訟費。
b, 如果被告的律師出庭，我有可能就輸了，因為我拿不出證據，我頂多就損失那30美金。
c, 對方律師有可能打電話給我要求庭外和解。我要求解僱卡弗蒂，否則，法庭上見。
無論怎樣，cnn要花大筆的律師費。
問：如果我不是美國公民，我可不可以上訴？
美國法律說，不是美國公民都可以告。
問：可不可以群體上訴？
可以，但效果不好。因為你提不出證據你損失了500美金。這就是為什麼我們要人多，而且要在不同的地方上訴，越多越好。
下面是原文內容：
原文寫得更好！！我譯了一些。
Every Chinese in America goes to the local small claim court and to file a small claim ($500) against CNN and Cafferty. It will cost you $50 or so to do it, you are probably not going to win (since you have no way to prove that you have the $500 financial damage). But it will cost CNN $1000 or more to defend each case, they can not counter-sue you either, because you did not cause damage to them. If we have 5000 to do so, they will act right away. You can do it anywhere in USA, the more remote location the better.
. This is what I did.
I filed a small claim in a county small claim court in Kansas. The defandant is TIME WARNER INC.
Address ONE TIME WARNER CENTER
NEW YORK, NY 10019
Telephone 2124848000
My claim: Time Warner employee, Jack Cafferty in a publically broadcasted TV news program (CNN) asserted Chinese are a bunch of 'goons'. This statement severely damaged my credit, which resulted $500 financial loss to my business.
Analysis: 1. why $500?
A: In Kansas, $500 or less, the filing fee is $30, otherwise it will be $50.
2. What is the next step?
In Kansas, you just need to use registered mail to mail it to the defendant, other states may require you to use law enforcement to serve a summon, which will cost you $25 to $50.
3. What will happen?
a) If the defendant does not show up, the judge will make a default judgment, that means, Time Warner will pay me $500, plus the $30 court fee.
b) If the defendant send an attorney to the court at the court date, (which is 3 weeks later, the defendant can request a postpone), then the judge will probably make a judgment to the defendant (I lose) since I can not provide evidence that I had the $500 damage. Then I lose the $30 court fee, that is it.
c) The defendant attorney could call me before the court date, try to settle it outside the court, or try to persuade me to withdraw by threatening counter-suing me, (which I know they can't, I did not do anything to cause them damage, suing them does not count).
I am waiting for their call, I am willing to settle outside the court, my request is "CNN fires Jack Cafferty." Otherwise, I will see you in court.
No matter what, it will cost them a lot of money for the attorney fee.
Why not a class-action lawsuit?
Can anyone provide evidences that you really suffered material damage? Otherwise, you do not have a case.
Besides, all big companies in US have one kind or another lawsuit ongoing, they are not afraid of one or two lawsuits. But, will they defend 1000 or 5000 suits to protect a worth-less employee?
This is why we need to have as many people as possible to file the suit in as many places as possible.
Can we sue Cafferty only?
No, it is very hard for a local court to enforce a judgment against an out-of-state person, many courts will not accept these type of suit. Even the case is accepted, the judge can still dismiss the case, (you will lose your court fee). Even a judgment is made in your favor, you will not be able to collect anything from him.
Can I sue if I am not a US citizen?
Anybody can file the suit. Please do it, this is American experience.
Is there any negative consequence on me if I sue?
If you lose, I will lose the court fee. If you are going to apply a mortgage DURING the suit, you need to disclose it , it may not affect your mortgage application at all. Other than that, no negative effects on you. It will NOT have anything to do with your green card application.
Will it damage the Chinese image by filing so many lawsuits?
I don't know how will other people think. It is a common practice for Americans. If you do not fight the American way, you lose already, what good is your image for?
Sorry, written in a hurry, there might be mis-information |
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