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She's going to sue me and I can't pay... argh!
January 30, 2010 11:22 AM   Subscribe

I'm being sued in small claims, but I don't have any assets except a car with no brakes. How will she collect the funds? YANAL and/or YANML.

I'm being sued by my hairstylist. Mom was supposed to pay and didn't. The lady has been e-mailing me (because I was dumb enough to respond, as she didn't have evidence until I did), giving my Mom and I several chances to pay or set up a payment plan. This has been going on for two months now, Mom hasn't contacted her and I can't pay because I don't have a bank account, credit card, or job.

She's been threatening to sue both of us the entire time, and is now planning to go through with it if she hasn't been paid $80 by the 5th. She's suing for that + court costs.

I tried explaining my situation to her, but she basically said, "I work at an attorney's office and I know what I'm doing." She also mentioned that her attorney happens to be her boss.

The only one I could borrow it from is already supporting me, and I don't wanna be like, "So... Can I borrow eighty MORE dollars?"

I have a few questions...

1) How is she going to collect the funds?
2) How is this going to negatively impact my future?
3) She e-mailed me two addresses she's sending the summons to. They're both wrong. Should I correct her, or would that be shooting myself in the foot?
4) My Mom, the beautician, and I all live in separate states. How is a court date going to work in the first place (and what if I can't make it, which I can't unless it's in my town?)
5) I was planning to start the job search next week (I just moved here)... should I hold off on that until this court thing goes through because if I do get hired, basically everything I said to her in the e-mail would be some sort of retroactive lie?
6) I never explicitly stated that I'd pay her (my e-mails were all guesses as to why my Mom hadn't contacted her), and I believe there should be a paper trail of her being the sole payer in the past. Will this do me any good, especially since I don't want to turn this whole thing against her?
7) Can she put a lien on and/or take the car?
posted by anonymous to Law & Government (28 answers total) 2 users marked this as a favorite
 
I know you don't *want* to borrow more, but the most sane solution here, as you really do owe this money, is ask the person who *could* lend you $80 to lend it to you, and then if you don't have the ability to pay it off, work it off--additional housework, snow shoveling, etc. $80 is not that much money. I'm pretty broke and if a friend was about to have a lawsuit thrown at them, small claims court or not, I'd help scrape up that kind of money.
posted by larkspur at 11:35 AM on January 30, 2010


I don't wanna be like, "So... Can I borrow eighty MORE dollars?"

Boy I would. That said, keep in mind that there are costs associated with filing in small claims [I have done it before in Vermont and I'm pretty sure the cost is $25 or $50 which is a large percentage of what she would be standing to collect] so it's possible this is a bluff. For an amount this small, it would really behoove you to find a way to either borrow the money to pay her off or contact her directly to settle this in a way that is agreeable to both people [maybe she'd settle for half].

If she files in small claims there will be a small hearing [you do not need a lawyer] that will happen in wherever the jurisdiction was where the event occurred. You will eithe rneed to go to this hearing or you will, I believe, have a judgment against you for the full amount plus [I think?] court fees. I'm pretty sure this is location-dependent but she would have to take affirmative steps to get you to pay her and no one is going to take your car over $80. It's possible though very very unlikely, that she could get some sort of a lien against your wages [I do not know the specifics, but I've seen it happen in much larger small claims cases] which would be a pain.

I'm sure this is making you anxious here, but your questions are a little all over the map. My suggestion is that you make an effort, a large one, to keep this from going to court. If this means that your mom contacts this woman, do that. If this means that you borrow $80, do that. If this means you contact this woman to work out alternate arrangements, do that.

And as to questions 5 & 6, they're getting into the realm of the weird. Not explicitly saying you'l pay someone in a fee-for-service arrangement doesn't really mean anything [did anything weird happen in this case? are you a minor? are you disabled and is your mom your legal guardian?] and holding off on a job search is actually the opposite of what you should be doing.

So again, you have time to work this out and I'd suggest putting your stress aside and working towards a resolution before this get to the small claims stage If you want to include more information about what location this happened in, people might be able to give you more location-specific advice.
posted by jessamyn at 11:37 AM on January 30, 2010 [2 favorites]


Small Claims court for a measly $80? This sounds like intimidation, rather than a bona-fide threat. But, none-the-less, you should probably take it seriously.

First of all, it sounds like this is something that should be between your mom and the hair stylist. Why are you handling it? If the stylist performed a service for you, you may be held legally responsible. But shouldn't your mom be getting involved if she promised to pay and didn't? You've probably already done this, but I'd try and get the situation worked out on this end first because it will be WAY easier than dealing with the stress of small claims court.

But, you had specific questions:
1) If you lose, she will have a court judgement against you saying that you owe her some amount. She can use this to bully you more or she can try and sell it to a collection agency. I don't know if $80 is even worth their time so they may not even buy it.
2) Having a court judgement like this against you is not good, but it's no felony. You may have to explain it on job applications, but if you're honest about it, I doubt most places would care.
3) You are not obliged to help her serve you the summons. In fact, many people purposefully avoid these. If she doesn't have your current address, then she can't send you a certified letter and you won't get served. She could hire someone to serve you, and if the judgement goes against you you might have to pay for it.
4) The court will be in the jurisdiction (city or county) where the transaction took place. If you can't get there, you're out of luck. You need a really good excuse to delay a court date and even then it is only postponed.
5) I don't see why you should delay your job hunt. It could help you pay the $80.
6) That's a tough one. It's between you and your mom.
7) No.

My advice is to get your mom to pay her. If she won't, you need to find a way to pay up, then seriously hold this against your mom. Don't accept a "gift" like this from her in the future. She is putting you in a real fucked up situation and it doesn't sound like she's being supportive. If you get that job, this should be the first thing you pay off.

If you end up having to go to court, many county courts have websites explaining the small claims process. Look this up as the information is very helpful.
posted by cman at 11:39 AM on January 30, 2010


Going to small claims court over $80 is a little bit overkill. It is most likely an intimidation tactic. Regardless, if you (or your mom) owes the money then you (or your mom) should pay up.

You're not going to get any sympathy from the people here over your situation. My suggestion is to figure out a way to earn or borrow the $80 and pay off the debt. It's the right thing to do.

I won a Small Claims Court case in Manhattan several years back for $2000. The filing fees were at least $50 (if I recall correctly) and the City Marshall who freezes the bank account and collects the money takes a 10% of the judgement fee (in my case it was $200) as payment for their services.

Again, suing in Small Claims Court for $80 is not worth the time and resources. It is likely an intimidation tactic.

But again, pay your debts and you won't find yourself in these situations.
posted by camworld at 11:52 AM on January 30, 2010 [2 favorites]


I'm unclear -- how is it that you are responsible for your Mom's debt?

Even if you said, "I'll cover it," that's not a binding promise. Your mom incurred the debt, so they can only sue her.

A better way to do this would be to say, "Look, I can't pay $80. Would you take $40 to clear this up?" Might be they would say yes.
posted by musofire at 12:01 PM on January 30, 2010 [1 favorite]


because I was dumb enough to respond, as she didn't have evidence until I did

I never explicitly stated that I'd pay her

What is the real issue here? Why are you trying to wiggle out from a small debt that it is abundantly clear that you owe? You got a haircut, and didn't pay. It seems odd to me that you've created an AskMe post that effectively asks for community support in order to disaffirm a contract that you are morally and legally obligated to pay.

It doesn't matter if you didn't "state directly" that you would pay her: contracts for small goods and services like this don't need explicit agreement: they are implied. It doesn't matter that she doesn't have any "evidentary support": your own statements to us illuminates the situation clearly enough. You knew when you sat down to get that haircut that you weren't going to get it for free, and the hairstylist knew she was expecting payment. Seems simple to me.


It's pretty clear what the correct thing to do is here: find a way to make a small amount of money, and pay your debt. Mow a few lawns; do a few days of temp. work in an office. While I do understand the difficultly of making ends meet while being unemployed, this is not that situation. You owe a small amount of money, and are already being supported. Finding a way to make the money will be at most a small inconvenience. Probably not much more effort than making such an involved AskMe question. Do what is morally correct and fix the situation.

You also need to take a look at your own worldview. You went to get a haircut, knowing that you would take an hour or so of someone's time and effort in order to look nice. That person is clearly working several jobs, and probably isn't in a better financial situation than you. You should consider why you are trying to abdicate responsibility for such a situation rather than dealing with it directly and honestly.
posted by HabeasCorpus at 12:06 PM on January 30, 2010 [8 favorites]


What do you mean "Mom was supposed to pay"? Who actually owes the money; you or your mother? If it's your mom, then this isn't your problem, regardless of the e-mail communication you have. If you actually owe this money, they just borrow it to avoid court, though it's hard to believe someone who actually sue of $80.
posted by spaltavian at 12:12 PM on January 30, 2010 [2 favorites]


If you don't show for the court date, she will get a default and enter a judgment for the amount she is seeking, plus costs. If you show and you acknowledge the debt, or if you do not have a legal defense to the claim, same result.
posted by megatherium at 12:22 PM on January 30, 2010


hey, seriously, just pay the $80. it's not worth it to you to fight this. you're pretty much admitting on this google-searchable website that she's got you (or your mom) dead to rights, just that you don't have the cash. she's done everything right, trying to give you guys a chance to pay without resorting to this, but you're not playing along, so it's come to this.

to answer your questions, (1) she may not have a lot of luck collecting what you owe if you and your mother, but if either of you have any kind of normal job it would be possible to garnish your wages, and if either of you have any kind of assets, including a bank account or a house, it would be possible to tap those as well; (2) the main impact on your future would be the time and stress of this process; $80 is very little money; (3) no, you need not correct her, but she seems resourceful enough to figure out how to properly serve you, so that it sticks; (4) if you went to her to have your hair done, that establishes the in personam jurisdiction so that she can still properly sue you in her state; (5) if there's any kind of possibility that you might one day get a job, tell her that, and pay her the $80 when you're able; (6) you can certainly attempt to portray your involvement in the whole thing as a hapless victim of your scheming mother, who, in order to give you a present she couldn't afford, unbeknownst to you, ripped off the beautician, but that's pretty wack; (7) it is possible for a person who wins a judgment against another person who owns a car to put a lien on it and/or take it, yes.

my advice is that you write her a letter, acknowledging how fucked up the situation is and apologizing for putting her in this position and expressing a desire to avoid costly litigation. tell her you are trying to get a job, but that right now you have no means to pay. arrange a payment plan with her that would be doable for you even if you never get a job ($1 a month for the rest of your life?) ... that would be your offer, see if she comes back to you with a counter-offer. see if you can reach an amicable settlement. enjoy your haircut.
posted by vcnt at 12:22 PM on January 30, 2010


Oh, and - no, she cannot take the car. In most states, judgments can be executed on any non-exempt property, but your vehicle is likely exempt. See this informative sheet (New Mexico) as an example.
posted by megatherium at 12:29 PM on January 30, 2010


I'm being sued by my hairstylist. Mom was supposed to pay and didn't. The lady has been e-mailing me (because I was dumb enough to respond, as she didn't have evidence until I did), giving my Mom and I several chances to pay or set up a payment plan. This has been going on for two months now, Mom hasn't contacted her and I can't pay because I don't have a bank account, credit card, or job.

Borrow the money from your mom, pay the debt and get a job at McDonald's if you have to in order to pay your debt. There is absolutely no reason for this to escalate further unless you're:

a) disputing the service ever to have taken place.

or

b) trying to screw a small business owner.
posted by Hiker at 12:52 PM on January 30, 2010 [3 favorites]


follow-up from the OP
The conversation basically went like this,

"What are you going to do about your hair when you move out?"
"I don't know, I'll have to figure something out."
"Don't worry about it, I'll pay for it."

Which she proceeded to do by sending the money directly to the beautician via Western Union, every time except this one.

I told the stylist that I could pay her once I found a job, and I did try to work out a payment plan involving myself and not my Mom, but it didn't work out because she wanted a payment that week and I didn't have the funds to pay it.

I know I sound sleazy with question #6, but it's not the first time she's done this and we had a big "please don't say you'll pay for something and then don't follow through" argument so I'm a bit hurt over the entire thing.
posted by jessamyn at 1:44 PM on January 30, 2010


While you're trying to find a job, hop on craigslist and see what odd jobs you can do. Sometimes you can take surveys for money or there are other random jobs. There are lots of ways to make money without having a job.
posted by acidic at 2:03 PM on January 30, 2010


Wow! Those are some pretty harsh comments! And every one of them is right on target. In your follow-up, you admit to benefiting from your mother's charity more than once. Now it's time to own up to your own set of responsibilities. The fact that you couldn't come to a payment agreement with the injured party is no reason to squirm out of the debt. You got the benefit. You figure out a way to pay. If you have a beef with mom, settle it with her and don't drag your stylist through it.

My guess is that she is going to have a hard time serving you if you are in a different state. Mnay states refuse small-claims cases if the service is out of state. Too bad, because you owe her money and she is simply trying to get it. Like the others have said, and I said above, figure out a way to pay. You will not only satisfy a debt, you will take an important step toward standing on your own two feet.
posted by Old Geezer at 2:15 PM on January 30, 2010


Others have given you plenty of (pretty well-deserved) smack talk about your moral obligations, so I'll abstain.

I am not your lawyer, which is luck for you because I am not a lawyer. I have garnered some knowledge about this over the years, though, but I'll say that you need to take it with a grain of salt not just because I am not a lawyer but also because laws and procedures vary from state to state. That said, I'm re-ordering your questions into a more appropriate order.

Before I get to them, others have pointed out that this likely will cost this woman as much as she's pursuing, even if her lawyer boss will do everything for free. Maybe you want to bet on that or maybe you don't. People sometimes pursue foolish tasks far out of proportion of what the payoff is. Maybe she's so pissed off at you that she'll spend $200 to try to collect $80.

I think the better question you should ask yourself is what's the cost in labor, stomach lining, time, and karma if you fight this out rather than find a way to make it right?

The questions:

"She e-mailed me two addresses she's sending the summons to. They're both wrong. Should I correct her, or would that be shooting myself in the foot?"

You're not obligated to provide her with that information under any condition I am aware of. However different states are differently fussy about how a summons is served. While you may not need to provide her sufficient information to serve you effectively, it may be that the state where she is filing is highly prone to "sewer service," where even though they just shove it through a mail slot the court will still let her move forward and end up with a default judgment when you don't show up to defend yourself.

"My Mom, the beautician, and I all live in separate states. How is a court date going to work in the first place (and what if I can't make it, which I can't unless it's in my town?)"

Different states doesn't matter. What matters is if you have some sort of reasonable connection to the locale. I could drive to Baltimore in an hour; going to court there wouldn't be a significant hardship for me. However that's not the big issue - if hardship was the criteria than why couldn't you sue Bill Gates anywhere? He's got the money to fly anywhere he wants.

The issue the person suing you has to overcome is whether you have some reasonable connection to that locale. If she did your hair there then it's likely you have some connection to that location. That could be because you live there, because you live a thousand miles away but go to that location regularly for work, any number of reasons.

This is a difficult issue but the long and short of it is that it IS possible for her to serve a summons on someone far away (though it's likely not free) and make a case that she has some reason she should be allowed to sue you in any given location. If the court accepts her summons and claim at face value and you aren't there to disagree then again, default judgment.

"I was planning to start the job search next week (I just moved here)... should I hold off on that until this court thing goes through because if I do get hired, basically everything I said to her in the e-mail would be some sort of retroactive lie?"

Probably not. The real issues at hand here are whether she can show any sort of support for the claim that she did a service and you agreed, overtly or not, to pay.

"I never explicitly stated that I'd pay her (my e-mails were all guesses as to why my Mom hadn't contacted her), and I believe there should be a paper trail of her being the sole payer in the past. Will this do me any good, especially since I don't want to turn this whole thing against her?"

Against your mom, you mean? This is mostly a moral and family question, not a legal one. Legally it's plenty possible to pursue multiple people for one debt. If person X takes a loan but person Y co-signs and guarantees the loan, for example. In that case person Z would just sue X and Y and they'll take the money where they can get it. There's no reason this woman couldn't sue you and your mom both.

It'll cost her more to issue a summons against both of you rather than just one of you, but as has been discussed before, maybe she's not rational about this.

Morally, if your mom promised to pay this debt and didn't, why do you want to protect her here? Obviously someone should have paid this woman for her work.

Overt promise or not, I'm not sure it's going to matter. If you walk into a barber shop and sit down in the chair and get a cut there doesn't have to be some explicit contract or even conversation up front about the fact that you're agreeing to pay X for the services. It's obvious to all involved that you're exchanging money for a service.

In most circumstances someone doesn't come looking for that money months later, but you can't reasonably claim you thought you were getting this service for free. If you and mom went out for dinner and walked out for paying do you think nobody has to pay just because you both say "oh, I thought SHE was going to pay!" The money is owed. She could just name you both and let it be sorted out in court.

It might muddy the water a bit but it's not a reasonable defense.

"How is she going to collect the funds?"

An excellent question. Winning in small claims is only the beginning of the process. The court can rule for you, but you still have to find a way to get the money. There's a variety of ways to do it from attaching wages to laying claims to tax returns to liens on property. That's not much of a worry for you now because you don't have anything, but....

"How is this going to negatively impact my future?"

There's the rub. Once you win in court you have a judgment against someone and to the best of my (highly imperfect) knowledge there's not a state where one doesn't last at least 5 years. And there's mechanisms for renewing it periodically - effectively forever. So if you're young you could have this handing over you for a long time.

Maybe she's sufficiently pissed off that she'll sell the debt to someone for a nickel and they'll start reporting it to credit bureaus. Then it could be a pain when you try to get work or buy a house. While debts have a statute of limitations a judgment will not. Would someone spend the money to keep renewing it and harassing you? Not in a sensible universe but people aren't always sensible.

"Can she put a lien on and/or take the car?"

As someone said upstream, while someone has options for placing liens (but only after they have gotten their judgment) in most states they wouldn't be able to attach your car. Even if they could that might not matter unless you try to sell it; maybe your state will prevent you from renewing the registration, maybe it won't.
posted by phearlez at 2:27 PM on January 30, 2010


[few comments removed - if this question makes you so angry you answer in ALL CAPS you need to take a step back, sorry.]
posted by jessamyn at 2:42 PM on January 30, 2010


If you don't live with your mom, and you don't have a bank account or credit card, how do you pay for rent, food, etc.? Clearly you have funds from somewhere. There's no excuse for not paying for services rendered. Yeah, your mom said she'd pay it, and that's a rough deal, but you need to borrow the money and pay the hairstylist instead of trying to wriggle out of the claim.
You could always try to get the hairstylist to set up a payment plan with you again, where you will probably have to pay more than the original $80, but at least you won't have to go to small claims over it.
posted by ishotjr at 3:14 PM on January 30, 2010


keep in mind that there are costs associated with filing in small claims [...] so it's possible this is a bluff
Small Claims court for a measly $80? This sounds like intimidation, rather than a bona-fide threat.
Going to small claims court over $80 is a little bit overkill.
suing in Small Claims Court for $80 is not worth the time and resources. It is likely an intimidation tactic.


I've got this buddy who's a corporate lawyer. Sometimes his clients get meritless claims for small amounts, but they pay them off because it costs less than fighting them in court. My buddy thinks that paying them only encourages these claims. He thinks if they incurred the cost of fighting one or two meritless claims (establishing the principle that making them means losing a lot of money rather than making a lot of money) people would stop making them. In other words, it might be cheaper in the short term not to go to court, but in the long term, losing money going to court once or twice would pay for itself when people stopped making meritless claims.

If I owned a small business with one $80 product, it might not be rational in isolation to sue over that amount, but I might do it anyway, to establish the principle that refusing to pay me costs more than paying me - as establishing that principle would result in more profit for me overall. In other words, spending $160 to collect $80 from one customer may lose money, but when the second customer pays up their $80 because they know I'm not bluffing, it's already paid for itself.

So in my view it's not wise to assume it's a bluff.
posted by Mike1024 at 3:29 PM on January 30, 2010 [1 favorite]


Get a job. Or give plasma. Be and adult, earn the money, be responsible and be done with the whole stupid thing.
posted by DieHipsterDie at 3:48 PM on January 30, 2010 [1 favorite]


Hustle up 10 bucks. Pay her 10, and explain that you will pay her 5 every week until the debt is cleared. This is a small businessperson, and she should be paid. You don't have 80, but can probably find a way to pay 5 a week.
posted by theora55 at 4:28 PM on January 30, 2010 [2 favorites]


theora55's answer is exactly right: Send a small payment with a note that you'll continue to send regular payments, then do so. At that point, you'll be paying off your debt and she'd be an idiot to go to court (and the judge would likely take a dim view of her then anyway).

(Keep records of everything!!)
posted by coolguymichael at 5:14 PM on January 30, 2010


Pay the $80 and consider this a lesson: your mom's a flake and it's time for you to stop letting her push you around. Make a payment plan with the stylist - if you can afford to live on your own, you can afford $20 a week. Next time mom calls about your hair, tell her to push off.
posted by The Light Fantastic at 6:22 PM on January 30, 2010


3rding theora55, refusal of a payment plan on a debt of $80 and instead insisting on going through court would be irrational, and a judge in a clogged court system wouldn't be thrilled about it.

Of course, mailing her money will give her your correct address, so if she still decides to go through with it, then she can send you a summons. I suspect all the court would do is...you guessed it...set up a payment plan. But it'd be for a higher amount and your name would be in a public record.

Look, if you have someone supporting you and you think you can do it, I would add $80 to the loan from them and just get it off your back. It's pretty clear this is causing you some stress if you're thinking about liens on cars, etc....

(And next time your mom offers to pay for something, ask for cash up front.)
posted by Salmonberry at 7:45 PM on January 30, 2010


Sorry, I forgot to mention:

I told the stylist that I could pay her once I found a job, and I did try to work out a payment plan involving myself and not my Mom, but it didn't work out because she wanted a payment that week and I didn't have the funds to pay it.

Do you have that in writing? If it goes to court, I'd *really* recommend taking it in with you in your statement of defense, to show that you have made sincere efforts to pay your debt by working out a payment plan. It doesn't help in terms of the $80, but it could mitigate any additional charges being added to the debt.

And yes, document EVERYTHING.
posted by Salmonberry at 7:52 PM on January 30, 2010


IANAL and this is strictly anecdotal (don't know if it varies from state to state or what)....my friend is the CFO of a local hospital and told me once that no matter how much a person owes on a bill, if they make an effort to pay (that is, they advise the hospital in writing that they will pay X amount weekly or monthly and are consistent with their payments as promised), the hospital cannot by law sue them or turn them over to a collection agency. Even if they pay as little as $5 per month, if they continually pay on schedule it's considered an earnest effort to repay the debt. Perhaps you can scare up $5 a week and send the first payment to the hairdresser along with a letter pledging to send $5 for the next 16 weeks until the debt is paid in full. I think in that a judge, if presented with an $80 small claims suit, would advise the hairdresser to accept the weekly payments rather than try to get blood out of a turnip.
posted by Oriole Adams at 10:14 PM on January 30, 2010


If you don't have money to pay $80 that you owe, no job should be below you. Also, why would you be waiting a week to look for a job if you literally have no money? Unpack your clothing and other *basic* necessities, go to the library, get online (Craigslist is a good start), and search for jobs now. By the way, you don't have to stay at the first job you take forever, but just having a job will make it easier to find the job you really want. Great places to work that I happen to know of include Trader Joe's (they treat their employees really well) and UPS (I think they even give tuition benefits, but I also think they have a policy that if you ever leave you can't be rehired, so be cautious with that one).
posted by lorrer at 6:30 AM on February 1, 2010


Sell your computer.
posted by banshee at 9:29 AM on February 1, 2010


follow-up from the OP
For those who asked, I don't have enough to pay rent, eat, buy other essentials, etc. I'm lucky enough to have someone who lets me stay with them, since I can't move back home. It's not like I went looking for handouts; I spent every last cent I had trying to support myself before I asked for help so I could at least wash my clothes and take a bath. All the things I could potentially sell are also at home.

When I say I have no income, I mean I make $0. I waited a week to start the job search because I wanted to see a career counselor to figure out why I hadn't gotten hired despite putting out numerous applications, and I wanted to do things right this time so I might actually, you know, get hired. I don't feel any job is below me; I've applied for Taco Bell, McDonalds, Wendy's, etc about five times each in the past two years and no one has bitten.

It's not like I had some way to save up the money or had some way to pay her and just didn't. I accepted a favor and didn't expect the person who offered it not to follow through. I don't see how that makes me a spoiled brat or any of the other accusations. I'd rather it not to go court because that's going to make it even harder for me to find a place to stay and get a job, and the end result will still be the same.

Thanks to those who did offer advice pertaining to the question and not 'rawr you suck,' though.
posted by jessamyn at 8:01 PM on February 4, 2010


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