So it’s been a while and I wanted to update my readers. Yes, I went to trial a month ago. But I can’t really call it a trial. So, it was a trial…but it really wasn’t. But I was kindof prepared, sortof.
This is confusing. Let me clear things up. So December 16, 2020 in Fairfax County General District Court I finally had my trial appointment with Cinch Home Services. We were finally going to find out definitively from a judge who was in the right and who was not.
So we get there and there was some confusion about which judge was actually going to hear our case. We were passed to three different judges. I got the sense that no one really wanted to take it on because the file was very thick from all the various motions Cinch had filed leading up to that date. So eventually we found a judge willing to tackle our case.
The judge took one look at the file and our 4 pending motions and presented both sides with an interesting choice. She was going to rule on a trial today or the motions but she did not have enough time for both. So, we went through all of the pending motions. It took almost two hours. But something interesting happened in one of the motions. Cinch did not properly and timely respond to a court-ordered subpoena. They were supposed to send me all of the documents and files from my time with them as a customer during 2020 and they blew it. So the judge granted sanctions. They are not allowed to say in a future trial date (April 13, 2021) that they ever gave me a contract, which they did not even though they tried to lie in court and say they did. Since they never gave me a contract then their argument that I should have just followed the contract is moot. By the way, that's their standard line on BBB and Google Reviews and whenever. Customers just need to follow the contract. But if you never receive it, then you can't follow it. And the judge agreed with my logic.
After the trial opposing counsel indicated a willingness by Cinch to resolve the matter outside of court. So, I will wait and see what becomes of it. I’m not confident that Cinch will attempt to dialogue with me in good faith. But I’m going to find out. In the meantime I’ll post the next part of this story tomorrow. The Judge’s Order!
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