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I'm being sued ??(Update) Dismissed!!

Re: I'm being sued ?? Advise Please!! (Update)

I'd consider counter suing them if it were me. Surely you had to waste your time and had stress and mental anguish over this right?

You could get an attorney to take it on a contingency, i.e. if you don't win / collect then you owe the lawyer nada.

You'd think someone would have been more careful to check the DMV records and realized you don't own an old bus.
 
Re: I'm being sued ?? Advise Please!! (Update)

Dave, I would not get my insurance involved at all! Period no matter what!

All insurance companies are your friend until you file a claim and then your premium goes up the next time you renew. These companies will use any claim as an excuse. Sometimes they will sell you out and settle because it is cheaper. Don't let this happen.

In my experience in court which is extensive since I worked in corrections it seemed that I was always testifying about something. Someone was always suing me.

In my experience you should get your evidence together and drive the Mustang to court. Before you go to court you should file a counter suit. Why you ask go through the trouble? This nut case attorney will always try to get something for nothing and file frivolously against people that have nothing to do with the case until he and his clients are hit a few times with some accountability. Keep track of all the time you spend on it because there is a value to it and you have damages that need to be reimbursed by this dip stick.

Anyway when you go to court you will want to make a motion for full dismissal of your part of the case. Don't worry about the legal terms the Judge will understand you are not a lawyer and cut you some slack. Tell him you have no choice but to represent yourself as you can not afford an attorney and you were not even there. Ask to admit your evidence into the case. The Judge will ask what it is and you will be able to explain it. Provide the evidence and offer for them to see the VIN of your car in person if they wish since it is present.

The Judge will dismiss the case and you will most likely be awarded a win for your counter suit for your damages. Don't forget you have damages to your reputation as well as time and fees to do your investigation.

Do not talk to anyone about your case. Do not talk to anyone that is not in a courtroom and just answer the questions simply and with yes no answers. the less you say the better!

Mel
 
Re: I'm being sued ?? Advise Please!! (Update)

It now appears I'm being sued by another person involved, this is going to get interesting.
Maybe I should follow the advise of finding a lawyer that might be interested in counter suing on contingency, I've never been one to be sue happy, but the comments on the lazy attorney make sense since I did ask him if he checked MVA records to see that did not own a 68 GMC Bus, and his response was that he only needs to go off the info that was on the P/R. Also the obvious owner and driver of the Bus has had all the same correspondence as I have and access to the same info, yet he remains quiet about the fact that I obviously do not own the vehicle and is apparently hoping that I will take the fall with him.

Thanks again,
Dave.
 
Re: I'm being sued ?? Advise Please!! (Update)

The entire bunch involved will eventually sue you if nothing stands in their way. The true owner of the bus may have no idea of the legal proceedings if the "other" side thinks you own the bus. The right lawyer on your side could be interesting for sure.

Your ins. company should never get involved because they were not insuring a vehicle in the accident.

This could get drawn out if not careful. You do know our court systems are not perfect.....
 
Re: I'm being sued ?? Advise Please!! (Update)

Find an attorney (really, WTH is Kevin when you need a hack?) and counter sue every piece of crap that is too lazy to get the facts right.

I'm getting pissed and it's not even my business.
 
Re: I'm being sued ?? Advise Please!! (Update)

"silverblueBP" said:
I'm getting pissed and it's not even my business.
Click to expand...

Calm down, that's just the latent frustration of seeing the wrong end of PTs.
 
Re: I'm being sued ?? Advise Please!! (Update)

"silverblueBP" said:
Find an attorney (really, WTH is Kevin when you need a hack?) and counter sue every piece of crap that is too lazy to get the facts right.

I'm getting pissed and it's not even my business.
Click to expand...

+1

I am not sue happy by any means but sometimes people deserve to get their backsides sued just for being stupid.

I am not sure I wouldn't figure out if there was some way to report the suing party's attorney to the state license board. I can say as a CPA even if you have a baseless charge brought to the state board it can cause you a lot of heartburn just dealing with it. I've never had to deal with such a situation myself but I've heard horror stories after having been in the business for 15 + years.
 
Re: I'm being sued ?? Advise Please!! (Update)

Oh, I forgot, when I had my computer store, I had to do some court work. I know you do not have to pay any money to lawyers. These people would make you feel it is too complicated. Just follow a few simple rules.

1- gather evidence proving you were not there.

2- file large lawsuits on all parties involved that sue you.

3- Do not talk to anyone about the case until you get to court.

4- File a complaint against all lawyers in the suit that filed against you with the state bar association. Make it a formal complaint asking for sanctions.

If you use a lawyer you loose the naivety defense. The "I didn't know excuse" The "I wasn't there and can't afford a lawyer" defense.

Get your evidence together and make sure you have more than enough to prove you didn't own the vehicle in question and that you were not there. Get a letter from someone that states you were somewhere else during this wreck and get it notarized. Get the Motor Vehicle records together, and get a cop to certify the VIN on your Mustang.

When you file the counter suits use a huge number as your reputation is not repairable. Use a number like $1,000,000. This I learned from the Convicts in the law library. they would do this a settle for $10,000. The state and other parties involved were stupid enough to pay it because it is cheaper to pay it than to defend it.

Don't take this lightly, and remember lawyers are nothing more than people that have been taught how our system works. You can do all the filing that they do and appear in court and such. Keep track of every minute you spend on this case, they do and they charge the parties involved for this time. It comes from insurance companies.

For this reason I think we need to kick all the lawyers out of Washington.

Anyway, suck it up and think about it logically, don't let anyone tell you you can't do this. You can file anything you want to, that is why you have been filed on. However if you wrongly accuse someone you can be held liable for your mistake.

Go for it man!

Mel
 
Re: I'm being sued ?? Advise Please!! (Update)

They are obviously counting on the fact that you will involve your insurance and that they will settle because it's easier.

At the very least you need to draw up a cease and desist letter along with a copy of what the police gave you and inform them a counter suit is to follow if they continue to falsely accuse you.
 
Re: I'm being sued ?? Advise Please!! (Update)

Thanks for everyone's input. Alot of good advise!
I don't think I have it in me to go it alone on a counter sue scenario, so I think at the least I am going to talk to an attorney and hear my options for this area. I will go to the local Police station this week with my Mustang to have the Vin certified, I like that idea better than driving it to the city on court day or days for proof. If you have ever driven in Baltimore you would know what I mean!
:scar

Thanks,
Dave.
 
Re: I'm being sued ?? Advise Please!! (Update)

Just tell them you were on StangFix.......we will help you out. :lol :lol :lol
 
Re: I'm being sued ?? Advise Please!! (Update)

Hey thats an idea... I can take my laptop into court with me and let Stangfix be my council and when you guys help me win a million bucks we will have a Stangfix party in the middle of the USA!
Now that would be awesome!
 
Re: I'm being sued ?? Advise Please!! (Update)

yeah, yeah,
Your honor, that couldn't have been his 68 GMC bus, we were all on the Forum that day looking at the thong thread, here look for yourself.... :ecit
 
Re: I'm being sued ?? Advise Please!! (Update)

Don't believe him your Honor....we were all on this bus...
gives_new_meaning_to_the_words_short_bus.jpg
....looking at the thong thread....
 
Re: I'm being sued ?? Advise Please!! (Update)

We even have a resident driver.


Hehehehe

I wasn't there, I was in Canada!


Mel
 
Re: I'm being sued ?? Advise Please!! (Update)

Ok, on second thought maybe the Stangfix angle might not be such a good idea, they will end throwing the book at me for being a Thong thread addict :lol :lol
 
Re: I'm being sued ?? Advise Please!! (Update)

"AzPete" said:
Don't believe him your Honor....we were all on this bus...
gives_new_meaning_to_the_words_short_bus.jpg
....looking at the thong thread....
Click to expand...
Is that what is considered riding on a "short bus"?!?
 
Re: I'm being sued ?? Advise Please!! (Update)

A lot of the advice given in this thread was done with the best of intentions. Unfortunately, much of it will not solve your problem. First and foremost, a pretrial conference is NOT an evidentiary hearing so it is not "your day in court" Rather it is part of the procedure used by the Judge to move the case along toward trial. The likely result of the pretrial conference will be a set of orders that include discovery issues and cut off dates, possibly the setting of another pretrial conference, possibly sending the case to arbitration, and perhaps the trial date. If you want the Judge to cut you loose, you would most likely need to file a formal motion to dismiss the action against you and set it for an evidentiary hearing where you (your attorney) would present the evidence that establishes the facts upon which the Judge could order the dismissal.

As far as a counter suit based upon frivolous litigation, if such a suit in your jurisdiction was successful, your measure of damages would be minimal at best. Without the prospect of a large damage award, I would be stunned if you found an attorney to take such a case on a contingency.

Having been in your shoes many years ago, yes the plaintiff's attorney was an idiot but, the Police report mistakenly identified my car as # 4 in a 6 car pile up when it was #2. The attorney for driver of #3 relied on the erroneous police report when he named all the party defendants. What the attorney for #3 did not know when he filed the suit was that the insurance company for #3 driver had already admitted liability for causing the collision between cars #1, #2, & #3 and had already paid to have my car fixed!!! I turned it over to my insurance carrier and they took care of it and my premium did not go up.
 
Re: I'm being sued ?? Advise Please!! (Update)

Bring in your carfax and show them your car wasnt repaired and its sitting outside........
 
Re: I'm being sued ?? Advise Please!! (Update)

I must be reading this site all wrong where is this thong thread????????????? :ecit
 
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