Page 1 of 3 123 LastLast
Results 1 to 25 of 61

Thread: I need help w/ a lawsuit

  1. #1
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default I need help w/ a lawsuit

    I am filing a lawsuit against my exboyfriends sister. I loaned him 4 grand via bank transfers into her account, so I have to sue her I think. I have everything documented (including how she would pay me back for him in two weeks) its been like a few months, I still haven't seen a dime.

    p.s. I ALREADY KNOW IT WAS REALLY STUPID FOR ME TO DO THAT... so I don't need lectures

    anyway. what type of lawyer do I need? has anyone had a small claims case before?

    .. and what makes me mad, the bitch is PAID. shes got two porshes and a husband with oil money. why the fuck won't you pay me you heartless bitch! (sorry, had to get that out)

  2. #2
    God/dess pookie's Avatar
    Joined
    Mar 2006
    Location
    Germany
    Posts
    3,508
    Thanks
    6
    Thanked 36 Times in 6 Posts

    Default Re: I need help w/ a lawsuit

    did you file anything in the court yet? That is your first step




  3. #3
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    Well, they live in TX and I'm in SC so I think I need a lawyer to represent me out there ...

  4. #4
    Banned All Good Things's Avatar
    Joined
    Sep 2004
    Posts
    2,451
    Thanks
    33
    Thanked 601 Times in 233 Posts
    My Mood
    Daring

    Default Re: I need help w/ a lawsuit

    ^ A little more information would be helpful.

    What exactly was your form of documentation? Was it a loan contract or legal agreement that you had an attorney review and both of you signed? Was there anything in the agreement stipulating that you were lending the money to your ex as a third party through the other party to the contract (the sister)? What was the governing law in the agreement?

    If she's rolling in money, I'm not quite sure why she didn't lend her own brother the money in the first place. It also seems strange that you had to deposit the funds in the sister's account rather than your ex's account. Maybe your ex's account was massively overdrawn, tagged for wage garnishing or shut down by the bank? Just guessing.....

    This is one of the bazillion reasons I never do personal loans, only gifts. Loans impose an ongoing obligation, can easily ruin relationships and in about half the cases blow up in a million pieces and cause more damage than the original loan was ever worth.

    I don't think you should necessarily be so hard on yourself.

    Malice or disrespect are not always the culprits -- people have genuine misunderstandings or different interpretations of what has been agreed to because we all tend to see things in a light most favorable to ourselves. It's the same case with our memories. Human nature and all that....

  5. #5
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    My documentation is bank statements of direct deposits into her account. Another is an email with her saying I would have the money back in 4 weeks. Also emails from him saying I would have the money back.

    Well, I'm hard on myself cause I knew better. They are not nice people. She's a housewife who is bored and plays with people and money (never hers) while the kids are at school. Buying hud houses and flipping them, getting in everyones buisness... I have a huge disliking of his whole family, I have never met people that are so ruthless and selfish.

  6. #6
    Banned All Good Things's Avatar
    Joined
    Sep 2004
    Posts
    2,451
    Thanks
    33
    Thanked 601 Times in 233 Posts
    My Mood
    Daring

    Default Re: I need help w/ a lawsuit

    ^ Well, I've since read your other thread. I am so sorry to be the bearer of bad news, but if you intend to work within the legal system, you will never see this money again.

    You have no legally-binding agreement and even if you did, the other party had no intention of abiding by it, anyway. I think you know this. They have no public reputation to protect, no concern with you or your future and surely have not the slightest familiarity with "doing the right thing."

    Small claims court? You could try, but you have a thin reed of a case, and they would dodge any judgment issued. If you wanted to play hardball and hire an attorney and litigate, the cost of that process far exceeds the debt.

    These people only respect the law of the street. I'm not recommending that you break their legs. I'm saying that's the only way you have a prayer of seeing anything from them. (BTW, don't do this. It's a criminal act; you would be too easy a target for retribution and once you get on the wrong side of the law, you can no longer appeal to it to protect you.)

    I truly wish I had a more optimistic view, and perhaps others may, but this is how I see it.

  7. #7
    God/dess jaizaine's Avatar
    Joined
    Jun 2006
    Location
    melbourne australia
    Posts
    10,144
    Thanks
    328
    Thanked 219 Times in 133 Posts

    Default Re: I need help w/ a lawsuit

    Contract law is not limited to written, signed documents. The court can infer a contract for example from the email you have and other supporting documents. You should go to a small claims court. I wouldn't hire a lawyer for a $4,000 debt, it will likely cost you more than that to get advise.
    Quote Originally Posted by Corgan View Post
    when regulars turn cheap, it's time to kill em off.
    Quote Originally Posted by Lysondra View Post
    You're still a vagina.
    There are many stereotypes about the industry that I work in. Sometimes they can be true but human beings are very diverse creatures and cannot be pigeon-holed into one category.

    Some of the most effortlessly beautiful, kind, intelligent, successful, motivated, driven and ridiculously hilarious women that I have ever met have been dancers. I've met the best friends that I've ever had in this industry.

  8. #8
    Banned All Good Things's Avatar
    Joined
    Sep 2004
    Posts
    2,451
    Thanks
    33
    Thanked 601 Times in 233 Posts
    My Mood
    Daring

    Default Re: I need help w/ a lawsuit

    ^ In most jurisdictions, I think she'd have trouble even in small-claims court, and getting a judgment enforced would be close to impossible.

    My other concern, based on her other thread, is that she may be putting herself in harms way if she pursues this at all, at least through the legal system. These are the kind of people who play by different rules.

  9. #9
    God/dess jaizaine's Avatar
    Joined
    Jun 2006
    Location
    melbourne australia
    Posts
    10,144
    Thanks
    328
    Thanked 219 Times in 133 Posts

    Default Re: I need help w/ a lawsuit

    I just read that thread.............might make this situation a lot more difficult. Courts like people to come to court with clean hands so to speak and money obtained illegally - I dont think a court would be sympathetic.
    Quote Originally Posted by Corgan View Post
    when regulars turn cheap, it's time to kill em off.
    Quote Originally Posted by Lysondra View Post
    You're still a vagina.
    There are many stereotypes about the industry that I work in. Sometimes they can be true but human beings are very diverse creatures and cannot be pigeon-holed into one category.

    Some of the most effortlessly beautiful, kind, intelligent, successful, motivated, driven and ridiculously hilarious women that I have ever met have been dancers. I've met the best friends that I've ever had in this industry.

  10. #10
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    Well, the money was made legally, and they used it to invest in a HUD house. I wouldn't bring up his lifestyle in court, he is good on paper and it has nothing to do with it. I loaned him money cause he needed it, now I want it back.

    What about those laywers, you don't pay til you get money. Thats what I want. And also, can I have a lawyer represent me out in TX so I don't have to go. I would talk to my sisters husband about it, but they just had a kid and I don't want to bother them with drama.
    Last edited by Kalligirl; 06-02-2008 at 07:53 AM.

  11. #11
    Banned All Good Things's Avatar
    Joined
    Sep 2004
    Posts
    2,451
    Thanks
    33
    Thanked 601 Times in 233 Posts
    My Mood
    Daring

    Default Re: I need help w/ a lawsuit

    ^ That's called "working on contingency." It's most common in major personal injury or class action suits where the cost of litigation is enormous, but so are the potential judgments, from which the attorneys commonly take 30 - 40%.

    Since the attorney is working for free, and stands to gain nothing if a case is lost or dismissed, contingency cases are almost always the "low-lying fruit," meaning that attorneys will only take very strong, easily resolved cases on contingency, or those involving huge potential payouts. Yours really does not qualify as one of these.

    On the other hand, if you have an attorney in TX who is a friend, you may be able to ask him/her to file on your behalf.

    Outside of that possibility, you have an out-of-state case with no contract and respondents who are not inclined to appear or cooperate and very well may be judgment-proof. If any attorney took one like this on contingency, you really do not want that attorney representing you.

    I am really sorry that this sounds so negative -- but I'm concerned for you if you pursue this. These are not just unsavory people, they are criminals. If you want to take people like this on, you need several things: the means to pursue a case; contacts who may assist you in getting a federal criminal charge filed relating to the HUD case (you mentioned they were flipping the HUD houses, which is illegal in many cases where insurance fraud is involved; not all that rare when the target of the investigation has other ill-gotten gains), or a sympathetic judge willing to issue a restraining order if you wish to move forward. Even with all this, the chance of you seeing it through to a positive resolution is quite slim.
    Last edited by All Good Things; 06-02-2008 at 08:34 AM.

  12. #12
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    Oh I had no clue flipping HUD houses was illegal!

    I don't have any lawyer friends in TX.

  13. #13
    Banned All Good Things's Avatar
    Joined
    Sep 2004
    Posts
    2,451
    Thanks
    33
    Thanked 601 Times in 233 Posts
    My Mood
    Daring

    Default Re: I need help w/ a lawsuit

    ^ When HUD homes are involved in flipping, it often involves loan fraud. It's not just buying a junk house and fixing it up for sale at a fair price (legal), but when a junk house if fixed up and sold at an outrageously high price in collusion with a crooked appraiser, that is insurance fraud and I believe a violation of federal law as well.

    HUD houses are a red flag for this activity when the party has other ill-gotten gains.

  14. #14
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    So.... pointless until I have a lawyer in TX? How would I go about making a federal case against her?

  15. #15
    Banned All Good Things's Avatar
    Joined
    Sep 2004
    Posts
    2,451
    Thanks
    33
    Thanked 601 Times in 233 Posts
    My Mood
    Daring

    Default Re: I need help w/ a lawsuit

    ^ Pointless unless you have a lawyer friend in TX or want to pay out a retainer and an hourly fee, both of which will eat up an additional $4K and more very quickly.

    Again, small claims court is an option, but I just don't think you will ever collect on a judgment against these people.

    Also, you don't make the federal case, a federal prosecutor in the relevant federal district court of Texas would. That's what I mean about "having contacts." It takes quite a bit to get a federal prosecutor to file. Most of the time federal prosecutors don't want to be bothered by civilian complaints about criminal activity because they often have no merit due to the fact that they are false or exaggerated or motivated by personal revenge.

    But we are deep into the hypothetical here. There is no evidence that insurance fraud has been committed.

  16. #16
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    In movies, when the antagonist wins I love it. In my life, not so much.

  17. #17
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    so uh... the ppl from judge judy called me back. i submitted a case to her.

    don't know if im gonna do it. my dad said its a very expensive lesson learned (i think he just doesn't want me on the show) and at the same time i dont really wanna go, but its principle, they are scum and should give me back my money.

  18. #18
    Banned All Good Things's Avatar
    Joined
    Sep 2004
    Posts
    2,451
    Thanks
    33
    Thanked 601 Times in 233 Posts
    My Mood
    Daring

    Default Re: I need help w/ a lawsuit

    ^ This is an interesting twist.

    OK, here's the thing. If you disclose everything about your background with these people, including any elements you've discussed in the other thread, there is no question the segment producer will book you for the show. The chance for explosive television is just too great.

    Please remember, though, that they have a completely different agenda than you do, which I'm sure you know. They will be sweet and supportive of you through the pre-interview, makeup and any intros/outs they pre-record. But all that's going to stop when they begin taping.

    Anything controversial, explosive or potentially embarrassing that you disclosed during the pre-interview is going to come out -- either from you or Judge Judy. They are playing for maximum shock and awe, and if you become road kill in the process, too bad.

    I work on the news/spokesman side of the industry, not the entertainment side, so I am only marginally familiar with their game. But I know enough about how TV works to caution you that you are a bit player in their drama, and completely at their mercy.

    Also, the lunatic criminals who stole your money are unlikely to appear as respondents unless they are totally blind publicity hounds, begging for a criminal indictment, and irretrievably insane. Please be careful about introducing these people back into your life. Seriously.

  19. #19
    God/dess jaizaine's Avatar
    Joined
    Jun 2006
    Location
    melbourne australia
    Posts
    10,144
    Thanks
    328
    Thanked 219 Times in 133 Posts

    Default Re: I need help w/ a lawsuit

    Quote Originally Posted by Kalligirl View Post
    my dad said its a very expensive lesson learned.
    You should listen to your dad.
    Quote Originally Posted by Corgan View Post
    when regulars turn cheap, it's time to kill em off.
    Quote Originally Posted by Lysondra View Post
    You're still a vagina.
    There are many stereotypes about the industry that I work in. Sometimes they can be true but human beings are very diverse creatures and cannot be pigeon-holed into one category.

    Some of the most effortlessly beautiful, kind, intelligent, successful, motivated, driven and ridiculously hilarious women that I have ever met have been dancers. I've met the best friends that I've ever had in this industry.

  20. #20
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    ^^^^^^^^ yeah I don't want to shame my family. they have no idea i dance (my dad probably has an inkling, my mother thinks i just have rich boyfriends that take care of me) so... yeah probably not such a good idea.

    i am going to talk to the dude and see what its all about. i will report back as soon as i can get in touch with him.

    i also live miles and mile away, so, with a change of a # and email i really would never see them. but you're right, it could go anywhich way on that show... id probably end up hysterically crying like 'i just want my money waaaaaaaaah'

  21. #21
    Featured Member aviendha's Avatar
    Joined
    Mar 2006
    Posts
    978
    Thanks
    0
    Thanked 13 Times in 8 Posts

    Default Re: I need help w/ a lawsuit

    You can do it in small claims court, but you have to file in the county where they do business. You can go up to 5K in most cases, and you don't need a lawyer. If you win and they don't pay, you can elevate the case to district court and file a Writ of Execution, whereupon the sheriff can go to their bank and yank money out of it. If they get all $4K, you're done, if not, they send you a letter and say, "We got $X, is that enough or do you want to pursue the full amount?" In which case you start the process over again. Since you have records of her bank account, you can go this route. It's not fast, but I did this when I was screwed out of $4K by a former employer and I collected every penny.

  22. #22
    AudreyLeigh
    Guest

    Default Re: I need help w/ a lawsuit

    All a judgment is is a formal piece of paper saying they owe you money - but unless theres a way to collect (garnishment from job, lien on taxes) which I highly doubt they have real jobs or do their taxes - youll still never see it. I wouldnt bother.

    Agree with your dad and Jai

  23. #23
    Featured Member Kalligirl's Avatar
    Joined
    Jun 2006
    Posts
    1,134
    Thanks
    0
    Thanked 18 Times in 15 Posts

    Default Re: I need help w/ a lawsuit

    Well I'd actually have to sue his sister, and his sister is rolling in the money. And I actually think if you go on the court pays you all your money up front, then they pay the court back .. i could be wrong

  24. #24
    AudreyLeigh
    Guest

    Default Re: I need help w/ a lawsuit

    Uhm, no the court doesnt pay you... I dont know where you got this piece of very false information.

    THEY pay you. Believe me. I had a default judgment against me and they got not one red dime. I actually put them through my bankruptcy 2 years later.

  25. #25
    Banned jasmine's Avatar
    Joined
    Nov 2002
    Location
    North Carolina
    Posts
    1,728
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default Re: I need help w/ a lawsuit

    I would let it go. If your ex was a law abiding citizen, then I'd go after every penny. In this case though, just move on and be glad you got out without getting yourself seriously injured by this unsavory jerkoff. Also, if you go on national television and admit to being a prostitute, you might as well kiss goodbye your chances of ever landing a well paid day job (which most of us will need eventually, after all you can't strip forever).

Page 1 of 3 123 LastLast

Similar Threads

  1. NY Rick's lawsuit
    By precise212 in forum Club Chat
    Replies: 16
    Last Post: 01-08-2014, 01:57 PM
  2. Help! Lawsuit question
    By CherryPepper in forum Dollar Den
    Replies: 33
    Last Post: 11-21-2011, 11:36 AM
  3. Lawsuit against manager?
    By LeTigre744 in forum Stripping (was Stripping General)
    Replies: 8
    Last Post: 01-24-2009, 01:39 PM
  4. Airborne Lawsuit
    By Bella21 in forum The Lounge
    Replies: 21
    Last Post: 03-04-2008, 11:22 PM
  5. Lawsuit against GGW
    By Dreamer in forum General Board
    Replies: 6
    Last Post: 11-07-2003, 03:37 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •