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The legal system is my friend! My physically abusive friend...

Dr. FrenchensteinDr. Frenchenstein Registered User regular
edited April 2012 in Help / Advice Forum
Hey all! We should rename this section of the forum: Dr.F's spiral into a shooting spree! Anyways, some new developments in my legal woes, which produce new questions.

So i sued a dude, won, and he refused to pay. My idiot lawyer refused to actually do his job and file for the body attachment, so i had to do it myself (and file a grievance!). i just tried to serve him with the information (not the actual warrant), and he has vacated his home, and is nowhere to be found. I tried to serve his lawyer with the papers, but that guy is a colossal scumbag as well, and refused to admit he even represented the defendant, let alone take service for him. I also think he might be retarded, because the lawyer asked what i expected to do, arrest him (meaning the lawyer)? Anyways, i sent the paperwork on to the court, with the letter from the service company saying the address was vacant. Hopefully the court will grant it. have i pretty much exhausted all avenues here? if the warrant goes through, do i just hope he gets pulled over?

I'm also suing (in small claims court) the guy who bought the property next to me because he opened up the adjoining wall (of our townhouses) and water poured down it into my house/walls/basement. he also broke my fence and allowed 2 other water leaks into my house. He offered to fix the damage himself (well, his mexican crew), but they did shit work. My baseboards where he "fixed" it, are all warped, and they got drywall mud all over the baseboards as well as the outlets (like, in the plug holes). one of the leaks happened while he was "fixing" stuff as well, so i basically kicked his crew out and said no work until the water stops. Finally, i got tired of waiting and said look: here's an estimate for the damage, pay me this money and never darken my doorstep again. I've got pictures of the terrible state he left his property in, the clear damage to my fence, and pictures of the water damage streaming down the walls (there's discoloration all over the bricks still even). The city came in and basically found him responsible for the water damage, and i have record of that as well. I'm thinking i have a pretty clear case, and i don't want to hire a lawyer. i'd probably spend about 2k on them alone, and i'm only asking for $3.3k which is the cost of the repairs, plus my hourly pay rate (based on my salary) for the 2 days i had to sit and babysit his crew. does it sound like i've got a case? or are there any holes i should cover? I've never been to actual court where the defendant shows up, but i have seen a lot of judge judy!

Also, this guy apparently has "connections" in the city housing office, because i've been making lots of complaints on violations in his property (there is more debris, the site isn't secured, etc etc) and nothing seems to happen. also, a contractor down the street, from whom my neighbor has been stealing power, said he's fine with the power stealing, because this guy can make life very hard for him if he wanted to. I'm hoping, once we get into a court, the judge wont give a shit who he knows in housing, and will drop the hammer on him. i dunno, more than likely this guy is in the philly mafia or something, and i'm going to get whacked.

Dr. Frenchenstein on

Posts

  • bowenbowen Sup? Registered User regular
    At this point I'd tell you to light the fucking house on fire and burn it to the ground, but that's terrible advice.

    Get your bank and insurance company involved. Basically anyone who insures your property or holds a lien on it should be involved in suing this guy. Suddenly knowing people in the county office doesn't mean shit. You should've gotten them involved at the get go, the insurance company basically has lawyers on retainer to waste people's time and money when they do shit like this.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • badpoetbadpoet Registered User regular
    You have to have homeowners insurance correct? If that's the case, why are you doing any of this? If he's liable for damage on your property, file a claim with them, get it fixed, and let your insurance company deal with this stuff.

  • ThanatosThanatos Registered User regular
    badpoet wrote: »
    You have to have homeowners insurance correct? If that's the case, why are you doing any of this? If he's liable for damage on your property, file a claim with them, get it fixed, and let your insurance company deal with this stuff.
    You know, I had initially made the assumption that your attorney would have told you to do this if it were an option. It sounds like your attorney is a retard, though, so why isn't it an option?

  • DoctorArchDoctorArch Curmudgeon Registered User regular
    edited April 2012
    If you go to small claims court, stick to the facts and provide evidence beyond testimony to support those facts.

    I can't speak for your State, but in Oregon almost all small claims cases are handled without lawyers.

    And I agree with bowen & badpoet, get your insurance company involved.

    DoctorArch on
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  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    i would have, but the asshole that lived next to me assured me that he would take care of everything. I was thinking i'd rather not have all my premiums going up. I know... you'd think i'd learn!

    Am i still able to get them involved? or is the fact that i'm about to file in small claims court going to kill whatever claim i have? should i just call them and ask? my last experience with my homeowners insurance was a bit hostile, they basically told me it was a pre-existing problem, and i was SOL. (i realize that is retarded now, but i was young and dumb then)

  • bowenbowen Sup? Registered User regular
    Call them up, worst they can say is fuck you. Don't really tell them you're going to file in SCC yet, but tell them the rest.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    hmm, ok i will give them a buzz! i'm sure they will love that i've been with them for 2 months and am already making a claim!!

  • DraygoDraygo Registered User regular
    I'm also suing (in small claims court) the guy who bought the property next to me because he opened up the adjoining wall (of our townhouses) and water poured down it into my house/walls/basement. he also broke my fence and allowed 2 other water leaks into my house. He offered to fix the damage himself (well, his mexican crew), but they did shit work. My baseboards where he "fixed" it, are all warped, and they got drywall mud all over the baseboards as well as the outlets (like, in the plug holes). one of the leaks happened while he was "fixing" stuff as well, so i basically kicked his crew out and said no work until the water stops. Finally, i got tired of waiting and said look: here's an estimate for the damage, pay me this money and never darken my doorstep again. I've got pictures of the terrible state he left his property in, the clear damage to my fence, and pictures of the water damage streaming down the walls (there's discoloration all over the bricks still even). The city came in and basically found him responsible for the water damage, and i have record of that as well. I'm thinking i have a pretty clear case, and i don't want to hire a lawyer. i'd probably spend about 2k on them alone, and i'm only asking for $3.3k which is the cost of the repairs, plus my hourly pay rate (based on my salary) for the 2 days i had to sit and babysit his crew. does it sound like i've got a case? or are there any holes i should cover? I've never been to actual court where the defendant shows up, but i have seen a lot of judge judy!

    and this is why you have insurance. If all this is true I dont see how your premiums are going to go up. This damage was not caused by you. Often your insurance company will handle the lawyerin stuff for you.

    Unless you are in a flood zone, then it might get a bit tricky.

  • badpoetbadpoet Registered User regular
    i would have, but the asshole that lived next to me assured me that he would take care of everything. I was thinking i'd rather not have all my premiums going up. I know... you'd think i'd learn!

    Am i still able to get them involved? or is the fact that i'm about to file in small claims court going to kill whatever claim i have? should i just call them and ask? my last experience with my homeowners insurance was a bit hostile, they basically told me it was a pre-existing problem, and i was SOL. (i realize that is retarded now, but i was young and dumb then)

    No, you should still be able to file the claim. Call your insurance company today, explain the situation, and see what they say.

  • ThanatosThanatos Registered User regular
    hmm, ok i will give them a buzz! i'm sure they will love that i've been with them for 2 months and am already making a claim!!
    You're going to need to contact the insurance you had when all of this happened. If it happened more than two months ago, they're going to tell you you're SOL.

  • DisruptedCapitalistDisruptedCapitalist I swear! Registered User regular
    edited April 2012
    There are lawyers out there who specialize in collection. Of course, they usually take cases from banks/dentists/home owner's associations, so they might not like a case where the defendant's whereabouts is unknown.

    On the same token, with a little help from a private eye, you can probably overcome those obstacles, but then the question is, how much do you want to pay the collection attorney and private eye to track this guy (or his money) down?

    You gotta think outside the box too, don't just think about attaching a bank account, you can also seize his mail, attach his paychecks, have a constable/sheriff find him and physically arrest him. All sorts of fun things. Of course these things are a pain to get a court to agree to them, hence the reason a collection attorney might help.

    FWIW: I know a collection attorney licensed in MA and NH who can help you, if you live in either of those states...

    DisruptedCapitalist on
    "Simple, real stupidity beats artificial intelligence every time." -Mustrum Ridcully in Terry Pratchett's Hogfather p. 142 (HarperPrism 1996)
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    yeah it happened back in September (originally anyways), so i'd have to call Travelers, who i had back then? i'm sure they will be very helpful now that i'm not paying them anymore. :/

  • ThanatosThanatos Registered User regular
    yeah it happened back in September (originally anyways), so i'd have to call Travelers, who i had back then? i'm sure they will be very helpful now that i'm not paying them anymore. :/
    They're going to be the responsible company, unless you can somehow get your current insurance company to subrogate to them or something.

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