Legal System

Corrupted contractor seems to control local court

deeproots — Tue, 07 Sep 2010 03:22:58 GMT

Got tangled in a bad deal with a contractor... 2 serious problems he refused to fix, then the delivery bill was 5X the amount he quoted before I signed, so I didnt pay $2571 for delivery, just $44,000 for everything else. He sued me for the $2571... then when I showed up to fight that he made up another story and added to it. His employee said "He usually wins... You'll get railroaded... He'll take you to the cleaners". The court seems to help and possibly even my own lawyer's arm was twisted... the trial was Fri 9-3-10, no verdict yet (by mail) but believe it or not, the plaintiff's Exhibit 1 (which is the contract we signed) clearly contradicts written statements in the lawsuit and the plaintiff's own testimony. He made up several stories and lied under oath 10-12 times, also got his employee to lie twice. Can he be sued for fraud or perjury or something like that? He seems to be a chronic abuser of the local justice system and I would expect case history might show evidence of a pattern. The crook needs to be canned!

A REAL Case of Double Jeopardy - License Suspended Twice

Righteous Citizen — Wed, 11 Aug 2010 23:05:37 GMT

In Mass, at 18 yrs old I obtained a learner's permit in someone's name and I did get caught and had my right to drive suspended for a year. All document and nobody is disputing that fact. However, at the age of 32 the RMV suspended my right to drive because the face recognition software picked up on the two pictures of me the database. I explained to the Mass State Police Special Investigation Unit during my appt with them regarding the false permit that it already resulted in a prosecution and suspension. The Special Investigation Unit hearing officer told me that it shouldn't be a problem and I should go to the RMV to have my right to drive reinstated.

I made my way to the RMV and met with a hearing officer. In summary, she told me after a few meetings with her that the identity that I used to obtain the record had been merged with my driving record. She then told me that she would separate the two records by getting on the phone with the Special Investigations Unit and sorting it out. After I repeatedly pushed for progress on a resolution, she told me that there wasn't anything she could do.

Shortly after, I received a letter from the RMV stating that my license had been suspended for 1 year for a false license and a host of other issues. Turns out that the identity I choose to take, way back when, was that of a habitual offender... so then his offenses appeared on my record.

Of course, I tried explaining to the RMV the error, but they could not see past the offenses on the computer screen to even begin to listen. I then requested a hearing with the Board of Appeals. And after waiting almost 2 months they told me that they could not help me and I should go to the RMV and have them fix the mix up... if there is one.

Frustrated and busy because I just purchased a fixer upper I just decided to wait it out until I had time to really fight it. I would periodically (a total of 9 times over a 2 year period) visit the RMV hoping that someone would hear me out or give me direction, but nobody did. Although, the suspensions expired I refused to pay the $600+ reinstatement fee. Plus, I didn't know if the actions of this guy would still haunt me and I'd have my license taken away again.

Eventually I got the good sense to go back to the Special Investigations Unit and plead my case to them. Well "them" turned out to be the same guy from two years ago that told me that [I shouldn't have anything to worry about. They can't fine you twice because that would be double jeopardy.] He ultimately removed the fee and reinstated my right to drive.

Please tell me I have the grounds for a lawsuit! This has cost me a tremendous amount of hardship and stress. I didn't even receive an apology. I just received lectures on how I deserved what happened to me from RMV employees. I'm almost sure they enjoyed the irony of my pain regardless of the fact that I was only 18 yrs old when I committed the act.

Finding a lawyer

Sydette — Thu, 12 Aug 2010 20:43:21 GMT

I would like to file a suit against the Child Protective Services for Breach of Confidentiality, but I do not know what kind of lawyer I would need. Can someone help me?

Thank you

Laws surrounding bail bonding and grounds for forfeiture

Kaleenashai — Wed, 04 Aug 2010 01:37:42 GMT

My boyfriend was recently arrested in Illinois and was given a bond amount. However, each time the bond is paid, the county increases the amount. They've done this 7-10 times in 2 months. He was released on bail on 2 occasions, and within minutes was picked back up and placed back in jail with a new bond amount despite not having violated any conditions and with bond paperwork on hand. By doing this, he has not had the opportunity to secure legal representation (from jail) and now he has been sentenced and imprisoned with a court appointed attorney. How is the way they've handled his continuous bail increases and unwarrented bail forfeiture legal? Its like they were holding him hostage...

Subpoena Duces Tecum question

Dave381 — Fri, 23 Jul 2010 00:46:09 GMT

I've read the piece on these types of subpoenas here:

http://research.lawyers.com/Subpoenas.html

I've got a defamation case that I may have to handle myself, as I'm having trouble finding an attorney for this.

The case centers around a false and defamatory email sent to my boss, which resulted in my firing (Incidentally, I believe this is one reason I'm having trouble finding an attorney. They probably think that since this resulted in a termination, it's an "employment" case, when it is not.)

I'm afraid that the email may be altered before it gets to the court, or be lost altogether, or that my boss and the person who sent the email will lie and say it never existed.

It would really be best if the email could be attached to the initial court complaint. Is there a way to accomplish this? It would certainly be easier especially if I ask for a summary judgment.

Also, would it be better to subpoena the customer that sent the email, or my ex-employer, or both?

Also, the person who sent the email is in Nebraska, where I will be filing, and my now ex-employer is in Kansas.

Injury Appeal law .

Powercat1 — Fri, 23 Jul 2010 15:51:34 GMT

Can anyone answer this question can a appeal court accept a case without a final judgment from the civil court ?

Jeff.

Attorney-Client Privilege - California

fritz43 — Fri, 30 Jul 2010 16:02:34 GMT

We have a debate going at our weekly card party. What are the exceptions to the attorney-client privilege in California. If an attorney learns that his client, who has a very young child, has used an illegal drug, is he obligated to report it or is his clilent covered under client-attorney privilege?

Removed from appointment list for appealing

Starbrite — Tue, 27 Jul 2010 10:51:10 GMT

I am a court-appointed attorney in a dependency, neglect and abuse court. I received appointments on a regular basis until the first of the year and then the rate I was receiving appointments slowed down in one county. I had enjoyed practising in the county and before the Judge and had never had any confrontations with anyone.

I talked with some of the other attorneys and then talked to several of them about not receiving appointments. I talked with the Judge's office staff and they said that I was a conflict attorney and that there had been several new attorneys added to the appointment list and the Judge wanted the let the new attorneys "Get their feet wet." I had spoken with the Judge by telephone and he had told me that I would be representing parents on a regular basis. Often an attorney, guardian ad litem, is appointed for the child. The state I practice in offers a day-long training session, but it is not mandatory. He had told me that he had one attorney that he used to represent children, so I did not question that. I was fine with just representing the parents.

Well, I reached the Judge by telephone in May, and spoke to him about the situation. He told me that there had not been any complaints about my work. I felt like he did not want me practising in front of him. He confirmed that he did not feel that way, but he reason that I was not receiving cases was because of the number of attorneys on the court-appointment list. I remarked to him that I just wanted to be treated consistently with all of the other attorneys on the list. I did not say fair, I had a problem saying the Judge was not fair.

Still, the problem persisted. I had consistent review cases and would go to court, but not receive new appointments. I attemtped to make an appointment with him last week. His secretary told me he could not see me until the first of August. I let it go. I am in this court on Monday morning, so I was there yesterday. I went into his office in person to make an appointment to discuss the matter. His court administrator said the could probably talk to him right then. It was not going to take long, so I said allright.

He left the door open. He said it was the appeals, that I was appealing him. That the state is undergoing a budget crunch and my appealing the cases was taking resourses away from more important matters. I have appealed him four times within a year to the Court of Appeals. One was a private custody case. Two of the others I was court appointed in. The other parent had a private attorney and they appealed the cases. Our state does not compenstate attorneys for appealing cases. I did the appeals pro bono. To give my clients, equal justice, I felt I had to appeal the cases. The other case, I was appointed on mid-way through the process, and the other attorney had done a motion to alter, ament or vacate back to him, but did not appeal it to the next court. I did, however.

He also said my appeals had no merit. That I had proportionally appealed him more than any other attorney had ever appealed him. He said I was not taken off of the appointment list, but was only going to be used in conflict cases. That is when no other attorney in the county can represent a client. I began to explain to him, that the appeals that I was currently in, I was committed to, but that I could not as a small practice fund the amount of appeals I was handling from an economic standpoint, and that the amount of appeals, if any, would probably filter out as I began to charge for them. Many court-appointed clients cannot afford to pursue an appeal.

In addition, he said he wanted the money to stay in the county, and that there were several, four new attorneys and they had set up their practices in that county. I have an office in a neighboring county. I did attend the Univeristy in the city, and attended graduate school there, so I did feel like I had some ties to the community. He stated that he wanted to give the cases to them. I feel like this is age-discriminaiton? At the least favortism over state funds.

So, I was removed from a court-appointment list due to appealing the Judge. I feel like he has thwarted my ethical duty to represent my client. Two, he is showing favoritism, if not discrimination in the way he is handling the appointments. Any comments about this would be appreciated.

Oh yes, I asked him when I might get another appointment and the said it might be two or three months. I said that sounded retaliatory. Then, he said that I would not be getting any appointments at all.

Publicizing a defamation case

Dave381 — Fri, 23 Jul 2010 01:13:59 GMT

Concerning the defamation case I have going:

This is one of those things that would probably infuriate the public and cause huge embarrassment for the person that defamed me.

If I were to go to the news media and tell my story, along with showing the reporters my proof, could I then be sued for defamtion, libel, or slander?

Aslo, if word about the case gets out anyway, and reporters want to ask me about it, and I answer questions truthfully, can I be sued?

Long-Distance lawsuit

Dave381 — Sat, 24 Jul 2010 01:22:25 GMT

If someone is suing an entity that is located in a city a long ways away, say about 400 miles away, is there away that document filings and such can be done through the mail or something. I'm happy to drive to the courthouse for any actual hearings, but not just for filings and motions and such. Can this be done, or do I need to hire an attorney or paralegal nearby to accomplish this?

Elements/Required Evidence for Motion for Summary Judgement

roxy0201 — Fri, 25 Jun 2010 01:24:36 GMT

I'm trying to understand the basic fundamentals for a motion for summary judgement.

Does the moving party for a MSJ have to make a prima facie case?

Is it true that the burden of proof does not shift to the opposing party until the moving party makes a prima facie case?

lawyer not providing copies of petitions

mariemk — Mon, 21 Jun 2010 16:21:47 GMT

I have requested that my lawyer send me a copy of a petition that he has filed. He sent me a copy but it is not signed or stamped by the court. He said that we have to wait for the court to return them. It has been over a month and he still cannot provide me these. It has now been almost two weeks since I have heard from him. I have given him a $7500 retainer and paid filing fees. I have not signed any contract. I have asked for a copy of all things he has in my "file" to take to another attorney. He has ignored my requests. i have not had any communication with him in 2 weeks. The petition filed was for emergency temporary custody of a minor. Emergency?? What legal recourse do I have?

Advance fee fraud (employment scams)

Shayjadha — Thu, 27 May 2010 03:56:34 GMT

hi , there has been a advcance fee fraud going on since 2000 in third world countries by a U.S. citizen located in florida. luring third world country citizens for overseas offshore jobs and cruise jobs. By a registering a firm Like " American offshore corporation" , "Alaskan petroleum corporation" & "Pan American Cruise Corporation " and this U.S. citizen has many other registered companies as he being the director for this companies . Me personally made so many complaints as I am victim of this scam. inspite of my complaints and informing US govt bodies about the scam executed by this U.S. citizen no action has been taken against this person . I don't know why there is no action from U.S. govt bodies against him .

I wanna know is there any law by which I can Claim my money with a compensation of mental stress and emotional trauma suffered from this U.S. citizen and get a reason from US Govt bodies why there has been no action taken against him or why my complaints never got answered or never updated with a feedback to my complaints .

There should be some law in international employment, overseas fraud or atleast in breach of contract in employment.

Wage Garnishment and Bank Account Seizures?

nita3891 — Fri, 11 Jun 2010 12:19:14 GMT

A wage garnishment was ordered against me on May 17, 2010. Yesterday my bank advised me that the Creditor froze my account. I called the creditor's attorney and they told me that they can do whatever they want to do and there is nothing I can do about it.

I attended the hearing on 5/17/10 regarding my wage garnishment and their lawyer nor the judge explained to me that they can wage my garnishes from my paycheck and my bank account. My rent and bill money was in my account and I am facing an eviction because they now have my money.

This is unfair due to the fact they are taking money out of my check AND now they are taking the money I have in the bank. I don't understand why it is necessary to do both and it leaves me in a terrible position. Also I never received anything in the mail stating they were going to do the account seizure nor was I given a form to express my exempt funds. Is it legal for them to do both? Please help!

Why should I have to pay the school

JCarolink — Tue, 01 Jun 2010 15:49:37 GMT

The father to my son is having an affair with my son's teacher ... I'm so humiliated, sickened, and just need to get on but I have paid the school about $5,000.00 and I want my money back. Is this worth suing I mean I have no job as I just got laid off last week. Seems as though the school should refund my money as the proof is factual. My son only has 2 weeks left before his graduation and I would hate to spoil his glory (they have lil cap and gown ceremony). Not sure what site this falls under or what kind of attorney to get as we are not married but have been together for 10 years I have two son's by this man and the teacher was well aware of it there was no surprise it has been going on for several months they have been communicating back and forth on Facebook. He left on Mother's Day weekend! I still want to make sure this teacher is reminded of her moral clause in her contract. Please advise

Taped Conversations/ Legal or Illegal

roxy0201 — Sun, 02 May 2010 04:42:50 GMT

I live in Arizona and I tape recorded a phone conversation between myself and an insurance company that is in california.

Is it legal to tape record a phone conversation from Arizona to California?

Can it be used in court?

If it is illegal and I use it what can they do to me?

Beyond the State Supreme Court

455 — Sun, 16 May 2010 23:43:52 GMT

If a State Supreme Court decides not to hear a case, is it possible to take the case to Federal Court?

I need to know what type of lawyer would handle this.

TRD1982 — Mon, 24 May 2010 03:10:55 GMT

My father has been missing for almost 2 years now. The last we heard of him he was outside of Acacpulco, Mexico and he needed us to send him money. We have made missing persons reports with the FBI, state and local police.

Since he has been missing my grandmother and grandfather both passed away. They both had separate insurance policies and they were to be split between the kids. There is 4 of them including my father. I know that both checks were received and cashed. I'm not sure if it was one or multiple. If multiple I know that my uncle is low enough to forge my fathers name.

If I'm not mistaking I know that the check was supposed to be held for a certain time frame because of my father missing. Also if at the end of that time frame he still wasn't found that his part was supposed to be split between my sister and I.

I need to know if I have a case here and the type of lawyer I need to contact to handle it.

Federal Rule 26 initial disclosure

roxy0201 — Thu, 20 May 2010 01:06:26 GMT

How does the process work when doing an initial disclosure in federal court?

Rule 26 (a) (1) (b) computation of any catagory of damages: Do all of the catagories and damages need to be completely completed and competely computated on the initial disclosure date or can I ammend the disclosue statement if I wasn't able to put every thing in the initial disclosure statement?(e.g. additional calculated damages and catagories)

I have to do this pro se and am doing my best but am always feeling one step behind.

Breach of Contract

roxy0201 — Sat, 08 May 2010 00:08:46 GMT

I can't find a post for breach of contract so I posted here. I am a doctor that entered into a contract with an insurance company to become placed on the insurance companies member doctors list. The insurance company after accepting me took me off the member doctors list breaching the contract. The insurance company is the biggest in the industry so it was a very big deal to be on the list. Not being a member doctor has cost me a lot of much needed buisines. How do I go about uncovering damages? (e.g. loss of business) What documents should&... be looking for or subpoena that the insurance has that would help show loss of business?

Alan Siegel: Let's simplify legal jargon!

Zucker — Mon, 19 Apr 2010 17:39:45 GMT

Check out this episode of TEDTalks (audio) at Alan Siegel: Let's simplify legal jargon! - Alan Siegel (2010) - http://feedproxy.googl...