本文发表在 rolia.net 枫下论坛I’ve been watching this thread from the very beginning. I felt very sorry that I can’t help much because I am a new comer too. But I want to help. I’ve been thinking, days and nights, what is the best way to solve the problem. I finally find that this might be a good idea. The point is, NOTHING IS TOO LATE.
I think the followings are the priorities for this case:
1. Get the money back
2. Win the case on court
3. Have the gas station manage’ open apologize.
4. Drive him out of his position
5. Write to Esso
6. Let more people know
We want to achieve to goal #4, but let’s plan so that we can make it at least to #3. How can we achieve that? I think the most important thing we need to do now is to collect evidences that support us, so that we can win the case in court.
How to collect evidences that support us? It goes like this... As I said, I am a new comer too. This is all my imagination. It is quite open to public criticism.
It takes time (and money) to get a lawyer. Before we have a lawyer, we can still get most of things done. Ask some one who looks like a lawyer to play as a lawyer! All he need are a nice suit and tie, and our well preparation. :-) The following is my imaginary conversations. You can use it as a script.
L – your “lawyer”, H – him, the gas guy.
L: “Hello, I am Mr. xxx’s lawyer. I need to talk to you for a second. I am now totally in charge of this case. This is Mr. xxx’s authorization. “
-- show him the sheet of authorization, for just a second.
H: sorry I don’t have time.
L: We are here to collect evidences. We are not here to argue. It won’t be long.
H: sorry I don’t have time.
L: I am Mr. xxx’s lawyer who is taking care of this case. You have made an allegation and you are obligated to provide evidences. If you don’t cooperation, you will face serious charges for wrong allegation (I’m not sure this term) later in court.
H: See I’m busy.
L: We are here to collect evidences. We are not here to argue. It won’t be long.
-- If it get worst than that, L might say “It is Now 11am, Nov x, 2002. I represent Mr. xxx to pay you a visit. Are you refusing to give the evidences? I’ll write it down in my memo and you will face serious charges for it”
--- Now H is at the table. Yes! That’s the point! Nail him down on the table and we are half done. The plan is to collect all evidences. Once we’ve got all the evidences that you’ve said in this forum on paper and signed by him, this case is so obvious that you will win. You don’t even need a lawyer for that.
-- Now H is at the table. First we need to calm him down.
L: “As I said, we are here to collect evidences, not to argue. So we need to put down the absolute facts, without any personal objective believes. Based on Mr. xxx’s statement, I’ve put down this. Do you agree?“
-- Talk him into agreement that, on 11.4 xx:xx, there is a car pumped #92 gas, and fled away without paying the $11 charge. Then xx minutes later. Mr xxx arrived, and pumped #87 gas, for $xx and paid by credit card.
Get down as much detail as you can, such as which gas pump, etc.
L: “Mr. xxx, do you agree what he has said? Ok, please sign it here. Now Mr, ??? please sign your name here.”
-- hehehe, we need him to sign!
Now let’s get down to business. Ask him to describe the car that has fled away! Yes, liars are afraid of details! I believe once his is asked with the question, with the serious look on L’s face, we can scare the shit out of him.
L: “please describe the car that has fled away”
H: “It’s his car!”
L: “Do you have anything more to say to backup your allegation? What color is the car?”
-- I believe that he can not say anything in detail. This is evidence already! You can say in the court that “after merely 3 days, Mr. ??? has forgotten everything about the fled away car, which he has been so strongly believed. This was once the center (give me a better word, crucial?) of the controversial debate, and he backed off entirely within merely 3 days”
Because he can not say anything in detail, we need to prepare a long list of tricky questions. We need him to say “don’t know” for every question!!! This is evidence!
If he can make up a story on the fly, get him to talk more, the more he made up the story in a rush, the more chances we can catch him later.
H: “Gee, there’s too much question, I can’t remember any of them”
L: “This case can run as long as 2 years, and you will be asked with the same questions again and again. To help you prepare for it, you’d better think of them seriously now, instead of 2 years later.”
What are the tricky questions? Well, I think once you’ve get everything down to detail, every question is tricky questions. For example, “When the fled-way car arrived, what were you doing? What made you believe that it has some similarity with Mr. xxx’s car?” and, “When the fled way car arrived, who get out to pump the gas? Describe the individual. What kind of close does the individual wear? What color is it? Does the individual wear a hat that day?” all of these can be tricky questions to me.
Also you can ask, “How long did it take for the individual to pump the gas”. Is it tricky question? Well, if he says too short, you can argue that he can’t notice so much detail in such a short time. If he says very long, you can argue that it normally won’t take that long, and why didn’t he catch the “thief” if he has spent that long and you have pay so much attention? I’m sure you can come up with many good questions, much better than mine. Please note, you go there to collect evident. Do not ever argue with him. Simply write down all his saying! Remember, no argument. That’s the key to win.
So, you see why it is important to nail him down on the table? Once you’ve get all of this, on paper and signed by him, it is so obvious that you will win the case without a lawyer. So, give that $500 buck easy money (lawyer fee) to your friend. :-) Good luck!!! We all support you!!!
Oh, BTW, you should really close you question like this: “Please go over this script again. Do you have anything to say in addition to above? … Take you time, I’ll give you 5 minutes for that. Ok, no” Write down that “NO”, and the whole question too! hehehe. Nail him down! He can’t say anything more to harm you any more!
L: “Mr. xxx, I need you to sign this transcript. It does not mean that you agree with him, it is just a proof of your eyewitness. Now Mr, ??? please sign your name here.”
Oh, another thing, if we can successfully scare the shit out of him half way thorough, meaning he can not go any further, you can write down something like this “Mr. ??? withdraw his allegation at ??? because he realized that evidently there is no strong reasons to back it up.”
In a word, the credibility of the key eyewitness (him, the gas guy) is crucial for you to win this case. If we can beat the crab out of him and/or his credibility, we will sure to win. Be confident; go to the court on your behalf! I am slow in thinking/reacting (this post only come out after 3 days), but I will go to the court with you if you want! Everybody, spare some time, and go to the court with tulipa, to show your support! Thanks更多精彩文章及讨论,请光临枫下论坛 rolia.net