In the latest court documents filed on behalf of Heidi Diaz the class action lawsuit against her, Kimmer is trying to claim hardship to get her frozen assets released. She states:
- That the writ of attachment issued against my personal and business bank accounts plus have caused severe hardship for my family, my ability to earn a living and to service the customers of Kimkins. Does this mean that she no longer receives disability? And what is this "service the customers of Kimkins?" Service them by banning as she did in the past? I think she could not care less about the existing customers that do not bring in any new money. Only new sign ups are of interest.
- That the income and other funds which my family and I depended on to pay for food, heating and utility bills, car and insurance payments and the other necessities of day-to-day life 14 have all been frozen by the courts without warning or prior notice. She should have thought about that before paying CASH for a house and two brand new cars.
- That I recently purchased a home "AS-IS" and it is in need of substantial repairs to fix leaky plumbing, a faulty water heater, holes in the ceiling/walls, and an old stove that doesn't work. I am not able to afford these repairs as a direct result of the writ of attachment issued against my personal accounts. Oh, I thought the son was a plumber. Not licensed, but can't he practice on the house? And canned chicken doesn't need to be heated.
- That I am unable to pay my medical insurance or buy prescription medications. Once my current medication supply runs out, I will not be able to pay for the refills. I seem to remember an old post where Kimmer was bragging that she lost all her weight when NOT taking her thyroid medication.
- That it is critical that I be able to pay for doctor's office visits and laboratory tests since my diabetes is newly diagnosed and not stabilized. My doctor indicate that I likely will be required to start insulin therapy as well. Isn't Kimkins perfect for diabetics, and they can go off medications? Or, was that false advertisement too?
- That the cash deposits in the Kimkins PayPal account utilized to operate the Kimkins business and services were frozen without warning or notice. This has seriously interfered with our daily business operations and forced substantial staff downsizing which has further impacted our level of service to customers. I seriously doubt that anyone is missing Tippy Toes and "Dr" Mark.
- That the current Kimkins credit card processing company charges a 14.5% fee which is 500% higher than the previous 2.9% PayPal fee. This has required a price increase which is a hardship for lower income prospective members. Hardship for prospective members? Shouldn't it say loss of revenue for kimkins and Heidi Diaz?
- That certain funds were either held or transferred into the Kimkins PayPal account and specifically earmarked for member refunds. Those funds have been frozen and as a result, have seriously impacted the ability of Kimkins to provide prompt refunds when requested. Our usual business practice has allowed for instant refunds via PayPal in the past.Refunds? What refunds? I requested one and was promptly ignored. Not even denied, just ignored.
- That planned advertising for the important January weight loss season could not go forward due to the lack of available funds and this missed earning opportunity cannot be recovered. What were they supposed to advertise? Kimmer's lack of weight loss? I think that they were no longer able to use fake success stories to advertise Kimkins was really what made a new advertisement campaign useless.