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Sued again!
Dinosaur Equals Gas
Registered User regular
Registered User regular
ROFL. This is just getting ridiculous now.
For the full story read http://forums.penny-arcade.com/showthread.php?t=86033 first.
Alright so I though everything was behind me now with this. That is until I got served again today. Now the ex-gf is claiming that the items I returned are either missing or damaged. The exact writing was:
"A number of my items were damaged/missing. I also ask that the Honorable Judge reconsider some parts of the verdict I plead for a renegotiating. Thank You."
Not only does this appear to be a new case but she is trying to appeal the last judgement. Which I don't think one can do because it's a new case and not an appeals case.
So to start, I returned her items to her. Exactly how she left them in the apartment, upon receiving them she had no issues with them and seemed pleased to have them back. I have 2 witnesses to the items being returned and her not complaining about them.
Next thing is in the original document, she listed the value of all the items she was asking for. For the item I returned she valued it at $100 dollars, so if I am correct, then if the judge does go in favor of her this time, I can use that to my advantage and only have to pay the $100?
I'll be presenting the police report I had filed on her father as well, since it will show how crazy they are.
At this point it appears that I could counter-sue for harassment? It certainly seems so because now she seems to just be suing me for anything she can think of. The judge at the last case even told her that it was a terrible idea to sue me and she was childish for it, so it seems that she didn't learn from that.
Does anyone know if I would be able to obtain a recording of the last hearing? I assume they at least record them all for public record?
I'm really just sick of this now and want it to be over but it appears that her family being sue happy is gonna keep this from happening. So is there even a case here? Can she even try to get an appeal on a new case like this? Thanks again guys!
For the full story read http://forums.penny-arcade.com/showthread.php?t=86033 first.
Alright so I though everything was behind me now with this. That is until I got served again today. Now the ex-gf is claiming that the items I returned are either missing or damaged. The exact writing was:
"A number of my items were damaged/missing. I also ask that the Honorable Judge reconsider some parts of the verdict I plead for a renegotiating. Thank You."
Not only does this appear to be a new case but she is trying to appeal the last judgement. Which I don't think one can do because it's a new case and not an appeals case.
So to start, I returned her items to her. Exactly how she left them in the apartment, upon receiving them she had no issues with them and seemed pleased to have them back. I have 2 witnesses to the items being returned and her not complaining about them.
Next thing is in the original document, she listed the value of all the items she was asking for. For the item I returned she valued it at $100 dollars, so if I am correct, then if the judge does go in favor of her this time, I can use that to my advantage and only have to pay the $100?
I'll be presenting the police report I had filed on her father as well, since it will show how crazy they are.
At this point it appears that I could counter-sue for harassment? It certainly seems so because now she seems to just be suing me for anything she can think of. The judge at the last case even told her that it was a terrible idea to sue me and she was childish for it, so it seems that she didn't learn from that.
Does anyone know if I would be able to obtain a recording of the last hearing? I assume they at least record them all for public record?
I'm really just sick of this now and want it to be over but it appears that her family being sue happy is gonna keep this from happening. So is there even a case here? Can she even try to get an appeal on a new case like this? Thanks again guys!
Dinosaur Equals Gas on
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My only recommendation is to stay level-headed about this. Do everything you can to keep from coming off as vindictive. There's a good chance that's what helped win you your first case... don't stoop to their level on this one. I would wait to counter-sue for harassment until you have actual damages to sue FOR.
And of course, if you win and they're dumb enough to try this shit a third time, third time's a charm and I'd say go for it.
In my opinion that is a small price to pay for this life experience which you will be telling over and over for years to come. In fact, it might have been the collective hopes of all the readers of your last thread that her or her dad would do something stupid again that brought this blessing.
I'm not an expert on court stuff, but certainly the last judge's ruling and reasoning is documented somewhere. When that is presented to a new judge, they essentially have to decide whether to believe this petty bitch or their fellow judge. If you happen to have the same judge again, imagine how furious he/she would be to see the SAME damn whiny bitch saying the SAME crap again, essentially dismissing the judge's prior ruling. Seems like a slam dunk to me.
IANAL, and can't offer any help whatsoever, but best of luck- hopefully her case gets thrown out like a stale donut.
Also, this is the reason I read H/A.
I really do hope I get the same Judge as well, I'm gonna goto the court house to try and find the schedules for the Judges and if anything delay the case until he is up next.
This.
I would pay good money to see the look on his face when she's sitting in front of him with more of the same bullshit.
Bonus points if she remains completely oblivious that this is a really bad idea until the moment he lays into her.
That said, I do not believe you can appeal a small claims case. Also, I do not believe you can sue for lost wages to attend the court date either.
Also, does the fact that you've been served mean that this case is actually going to be heard by a judge, or could this be thrown out before it even gets to that point?
I think it has been well established that your ex is BATSHIT CRAZY!
Edit:
California law:
So there's a good chance this won't even make it to the courts.
Poop...
So, you know, just food for thought.
So it appears that the box of art, that I brought her had much more than art. It apparently contained a urn of her dead grandmothers ashes. o_0
So not only did I have no idea that it contained that, all I was told was that it contained a bunch of art. So now this is getting interesting.
She had never mentioned to me or the judge that it contained anything other than art, and me not being one to snoop would have never know it contained anything but art unless told before hand.
So yeah.... WTF.
She is saying that I took the urn and spilled all the ashes out into the box.
Ahem.
WHY WOULD YOU NOT MAKE SURE THE FIRST THING YOU TOOK WHEN YOU LEFT WAS THE REMAINS OF A DEAD RELATIVE?
Just.. you know. Curious.
She said I opened the urn, dumped the ashes in the box and then put the urn back into the box.
I am wondering the same as you. Why would you not take that first? Let alone not mention it at all!
I never opened the box so I wouldn't have known, and she never listed it as an item. So technically it doesn't exist.
Since none of us are lawyers, I'm grateful that firewater actually found the correct term of art. This is pretty typical, you're pissed at someone and just want to get back at them SOMEHOW so you start suing. I imagine you could probably do some personal research and find out the best way to handle this. Restraining orders are cool, I hear.
You may just want to call an actual a lawyer and see what you can do about this, she shouldn't be able to continually sue you over and over, and she must be dumb as rocks to think this is even a good idea after the last tongue lashing she got.
And if he got a lawyer just to be able to counter sue to pay for the lawyer, that might look bad on him.
TL;DR: Get a lawyer. PM me if you need help finding someone.
Color me impressed, sir.
PSN: Broichan
And you have the original judges verdict in your favor, any new judge would use that as a reference point.
Also, if they try to shop this new case around to other precincts or locations, at least in Texas small claims you have the right as the defendant to have it at the location of most convenience to you, so pick the place you had last time.
First things first, a lawyer is going to send a scary letter. That solves a lot of problems by itself.
If this were Nebraska, here's what I'd do for a client - I would get the small claims case removed to district court. Real court. Plaintiff would be unable to proceed on her own. She would talk to an attorney. she would be told it will now cost money just to be spiteful. Her potential legal fees will make her go away. Alternatively, your lawyer files a proper motion for dismissal and you win in a slam dunk because she can't properly present her legal case without counsel.
TL;DR: Lawyer Get!
you would be surprised at how many people a well written letter from a lawyer will scare away.
in some cases the pen truly is mightier than the sword
I'm not opposed to hiring a lawyer to send a letter and what not, but a friend that we both have is trying to talk her into just dropping it.
Either way thanks again for the advice. I'll be sure to update this with any developments.
Unfortunately no.
It's like asking a mechanic if you should bring your car to the shop because the air condition isn't working. Sure, the A/C button hasn't been pushed in, but you never know! You should bring it in just in case! Not only will the mechanic push the button for you, but he'll clean out your system, refill your freon, and check the compressor belts. It'll be free to just turn the A/C on, but you should pay a mechanic just to be safe.
Ok, that still sounded dickish.
Why would he pay a lawyer to do anything when it's pretty damn obvious she doesn't have a leg to stand on?
What's going to cost him more? A few hours of missed work to go back to small claims and watch a judge tear this broad a new asshole, or however much some lawyer is going to charge him to send some letters or whatever the fuck else he would do?
And I'm surprised this question hasn't come up: Who the fuck puts their dead grandmother's urn in a box with other junk? And why did this chick have them instead of her father? I guess it could have been her mother's mother.. but still... odd.