Lawsuit: Adjourned Cosselz v. zeos_exe [2022] FCR 61

[jediflashfire]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


Cosselz (jediflashfire representing)
Plaintiff

v.

zeos_exe
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

Cosselz has a service that makes people discord servers. Zeos opened a ticket requesting a discord server to be made. Like always, we made him a server custom to all his requests. I then asked him if he liked it and he said yes. I asked if he could pay $7,000 for it and he said that was fine. He never paid though. We then gave him more than enough time to pay (over a month) and he still didn't pay. I have not transferred the server, but it is no use to me since I made it custom to his needs.

I. PARTIES
1. Cosselz (Plaintiff)
2. zeos_exe (Defendant)

II. FACTS
1. The defendant had contracted the plaintiff to make a discord server for him.
2. Once the server was completed, the plaintiff notified the defendant that he needed to pay $7,000 for the server to be transferred to him.
3. Over the course of one and a half months, the defendant was reminded many times of his responsibility to pay the price.

III. CLAIMS FOR RELIEF
1. It was agreed upon by both parties that the defendant would pay $7,000 for the services. The defendant has still not paid, even after many notifications from the plaintiff.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. $7,000 as payment for the services done
2. $500 in legal fees

Evidence:
Exhibit A: Permission for representation from the plaintiff.
Exhibit B-I: Messages between the plaintiff and the defendant in the plaintiff’s server.
Exhibit J-K: Discord server, made for the defendant by the plaintiff.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 20th day of August, 2022

Attachments:

 

[dygyee]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS
The defendant is required to appear before the court in the case of the Cosselz v. zeos_exe [2022] FCR 61. Failure to appear within 48 hours of this summons will result in a default judgment in favor of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[dygyee]

Verdict

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
VERDICT
Cosselz v. zeos_exe [2022] FCR 61

I. PLAINTIFF'S POSITION
1. The Defendant asked the Plaintiff to make a custom discord server for him.
2. After the server was completed, both parties agreed on 7k.
3. Even though the server was never transferred, both parties had an agreement, and the Defendant should be forced to pay, because the Plaintiff has no use for the server.

II. DEFENDANT'S POSITION
1. The Defendant did not appear before court, however did state in one of the pieces of evidence that the server wasn't original and was similar to the Plaintiff's own server.

III. THE COURT OPINION
1. There was no agreement on a price before the server was made, however after the server was made, both parties agreed on a price.
2. The agreed upon price was 7k, however the Defendant had said 7k was fine after he informed the Plaintiff that he wanted not 1, but 2 servers. If the Defendant agreed to pay 7k for 2 servers, then the price of 1 server would be 3.5k.
3. There is some ambiguity in this agreement which is why the court recommends that there is a clear contract agreed on by both parties prior to the start of any service such as creating a discord server. This court finds in this case, that the ambiguity is caused by the Plaintiff's failure to disclose a price to the customer/Defendant prior to making the server.

IV. DECISION
1. Because there was a miscommunication due to the failure to disclose a price by the Plaintiff, I will be awarding what the Defendant thought they would be paying for 1 server which is 3.5k.
2. I hereby order the DOJ to fine the Defendant, zeos_exe $3,500, and unfine the CEO of Cosselz, Gertis the same amount.

The Federal Court thanks all involved.