General Cobalt General Cobalt, Pursuit, and Ion talk. Post specific discussions in the forums below

I need a lawyer

Thread Tools
 
Search this Thread
 
Old 09-13-2011, 12:58 PM
  #26  
Senior Member
Thread Starter
 
damastah's Avatar
 
Join Date: 02-13-11
Location: Olney, MD
Posts: 8,056
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by ctn2mb
dude you got some of the worst luck ever... the day I went to tune you, you got keyed in the parking lot... now this...
i know man.... its horrible....


Originally Posted by 1995chevy
GL OP make sure to highlight the time tags from the pics?? and if there was a fight with 30 ppl around im sure one of them whipped out there iphone and taped it ask around
no one got it, it happened in 5 seconds. pics were off a black berry, no time tags


Originally Posted by cmatthewb101
Take friend to court, get money. Kick friend in nuts, **** his girlfriend. Laugh. Done
GIRLFRIEND! HA! yea right, this is the ugliest guy i know



i appriciate the help everything. i am going to dealership today. getting an estimate, maybe they can fix it without a new hood, if so he might be able to pay for the damages, but he said he is not buying a hood.
Old 09-13-2011, 01:32 PM
  #27  
Senior Member
Platinum Member
iTrader: (15)
 
JshLnsctt's Avatar
 
Join Date: 03-12-10
Location: Maine
Posts: 2,858
Likes: 0
Received 1 Like on 1 Post
Well he can't expect to hurt your car and then walk away, it would be a little different if no one had seen it happen and he said he didn't do it.
Old 09-13-2011, 08:12 PM
  #28  
Senior Member
iTrader: (1)
 
Frogstofall's Avatar
 
Join Date: 07-30-11
Location: Midwest
Posts: 2,826
Likes: 0
Received 0 Likes on 0 Posts
I believe if you have the original Blackberry pics on the computer you can right click > properties and it should show info there... I coulda swore my old Blackberry Bold had at least the date in there on the pics it took.
Old 09-14-2011, 12:32 AM
  #29  
Senior Member
Thread Starter
 
damastah's Avatar
 
Join Date: 02-13-11
Location: Olney, MD
Posts: 8,056
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by Frogstofall
I believe if you have the original Blackberry pics on the computer you can right click > properties and it should show info there... I coulda swore my old Blackberry Bold had at least the date in there on the pics it took.
friends blackberry. i will ask him to come to court as well, he can show the judge the date created on the pics. (he is the one with the blue SS on the left)



also, my paint has these swirls things on it. when you look at it in the light you can see it, i think the owner who had it before used the wrong towel and might have put small scratches on it. just before another friend and i were talking about it. i can bring him in court and he can say he didnt see any dents on it... right?

i dont want to take him to court, and him found not guilty of the crime...

i took it to the dealer's collision center today.... 750 dollars.... come on.... i really need to win this case
Old 09-14-2011, 10:53 AM
  #30  
Senior Member
iTrader: (2)
 
sLAsh's Avatar
 
Join Date: 06-24-10
Location: Burlington, Ontario
Posts: 1,027
Likes: 0
Received 1 Like on 1 Post
If he is actually a friend tell him to pick you up a hood from the wreckers that is the right colour and it won't cost him much.
If he is just someone you know and not a friend after you win in court take the money and buy a new CF hood and thank him for your new cool hood As far as im concerned anyone who would do that to your car and not pay for is not a friend in my book. Either that or he is just used to you being his bitch and thinks you will back down.
Old 09-14-2011, 11:16 AM
  #31  
Senior Member
Platinum Member
iTrader: (15)
 
JshLnsctt's Avatar
 
Join Date: 03-12-10
Location: Maine
Posts: 2,858
Likes: 0
Received 1 Like on 1 Post
Originally Posted by sLAsh
If he is actually a friend tell him to pick you up a hood from the wreckers that is the right colour and it won't cost him much.
If he is just someone you know and not a friend after you win in court take the money and buy a new CF hood and thank him for your new cool hood As far as im concerned anyone who would do that to your car and not pay for is not a friend in my book. Either that or he is just used to you being his bitch and thinks you will back down.
I have to agree with this, not much of a friend if he isn't at least attempting to help you out after it was very clearly his fault.
Old 09-14-2011, 01:26 PM
  #32  
Senior Member
iTrader: (2)
 
tpete763's Avatar
 
Join Date: 07-08-08
Location: Pennsylvania/New York
Posts: 781
Likes: 0
Received 2 Likes on 2 Posts
In civil cases you just need to prove preponderance of the evidence, which should be easy to do with your friends' testimony and pics. It's not a criminal case where you would actually need hard proof for a judge/jury to find him guilty.
Old 09-14-2011, 01:46 PM
  #33  
Senior Member
iTrader: (4)
 
ATLsilverSS's Avatar
 
Join Date: 08-22-09
Location: georgia
Posts: 1,567
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by damastah



no one got it, it happened in 5 seconds. pics were off a black berry, no time tags
if it is a fairly new phone then the picture more than likely has a geo tag. that will tell you the gps location of where the picture was taken and the time it was taken
Old 09-14-2011, 02:47 PM
  #34  
Senior Member
Thread Starter
 
damastah's Avatar
 
Join Date: 02-13-11
Location: Olney, MD
Posts: 8,056
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by tpete763
In civil cases you just need to prove preponderance of the evidence, which should be easy to do with your friends' testimony and pics. It's not a criminal case where you would actually need hard proof for a judge/jury to find him guilty.
its gotta be a criminal case... destruction to auto, damage to my property.

and he is not my friend anymore from the lack of respect he is showing me.
also, he attempted to fix it, all he said is he will buy me a dent popper
Old 09-15-2011, 09:51 AM
  #35  
Senior Member
iTrader: (2)
 
tpete763's Avatar
 
Join Date: 07-08-08
Location: Pennsylvania/New York
Posts: 781
Likes: 0
Received 2 Likes on 2 Posts
Originally Posted by damastah
its gotta be a criminal case... destruction to auto, damage to my property.

and he is not my friend anymore from the lack of respect he is showing me.
also, he attempted to fix it, all he said is he will buy me a dent popper
Definitely not criminal, if you push the issue with the cops and they arrest him, it will become a criminal case between him and the state.

If you are suing him yourself for the cost of the repair it is only a civil case, meaning he wont face jail time/fines to the state he would have to pay you the money back though not to the state. I have a BS in pre-law lol we've studied the difference between the two types a lot lol
Old 09-15-2011, 01:35 PM
  #36  
Senior Member
Thread Starter
 
damastah's Avatar
 
Join Date: 02-13-11
Location: Olney, MD
Posts: 8,056
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by tpete763
Definitely not criminal, if you push the issue with the cops and they arrest him, it will become a criminal case between him and the state.

If you are suing him yourself for the cost of the repair it is only a civil case, meaning he wont face jail time/fines to the state he would have to pay you the money back though not to the state. I have a BS in pre-law lol we've studied the difference between the two types a lot lol
wait hold the **** up... this kid is a loser... he has nothing.....
so your telling me if this is just a civil case. i sue him, i win. and i get nothing in return because he cant pay up!?!!!
Old 09-15-2011, 02:09 PM
  #37  
Senior Member
Platinum Member
iTrader: (15)
 
JshLnsctt's Avatar
 
Join Date: 03-12-10
Location: Maine
Posts: 2,858
Likes: 0
Received 1 Like on 1 Post
Originally Posted by damastah
wait hold the **** up... this kid is a loser... he has nothing.....
so your telling me if this is just a civil case. i sue him, i win. and i get nothing in return because he cant pay up!?!!!
Basically, he can say he has no money and will repay you with items of his (if you win), but it's possible no matter what; even if you sue him you won't get your money out of a lawsuit. I took criminal law classes too.
Old 09-15-2011, 02:51 PM
  #38  
Senior Member
 
sponge14's Avatar
 
Join Date: 03-14-09
Location: Anna, TX
Posts: 1,039
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by damastah
wait hold the **** up... this kid is a loser... he has nothing.....
so your telling me if this is just a civil case. i sue him, i win. and i get nothing in return because he cant pay up!?!!!
Exactly. There's things you can do to get your money, but those are other lawsuits in themselves.
Old 09-15-2011, 03:05 PM
  #39  
Senior Member
Thread Starter
 
damastah's Avatar
 
Join Date: 02-13-11
Location: Olney, MD
Posts: 8,056
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by sponge14
Exactly. There's things you can do to get your money, but those are other lawsuits in themselves.
well its 750 to fix it... got an estimate.
how can i get 750 dollars out of this guy?
Old 09-15-2011, 06:49 PM
  #40  
Senior Member
iTrader: (2)
 
tpete763's Avatar
 
Join Date: 07-08-08
Location: Pennsylvania/New York
Posts: 781
Likes: 0
Received 2 Likes on 2 Posts
Originally Posted by damastah
well its 750 to fix it... got an estimate.
how can i get 750 dollars out of this guy?
Im pretty sure when the judge orders him to pay and he can't they will make him pay or face jailtime i believe. It all deopends on the local laws though too.
Old 09-15-2011, 08:02 PM
  #41  
Senior Member
 
sponge14's Avatar
 
Join Date: 03-14-09
Location: Anna, TX
Posts: 1,039
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by tpete763
Im pretty sure when the judge orders him to pay and he can't they will make him pay or face jailtime i believe. It all deopends on the local laws though too.
When you "win" your civil case, and he doesn't pay up, then you take him to court to dock his paycheck, etc.

From Wikipedia:
Enforcement

When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from trying to bring the same or similar claim again against that defendant, or from relitigating any of the issues, even under different legal claims or theories. This prevents a new trial of the same case with a different result, or if the plaintiff won, a repeat trial that merely multiplies the judgment against the defendant.

If the judgment is for the plaintiff, then the defendant must comply under penalty of law with the judgment, which will usually be a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as:

* Writ of execution
* Bank account garnishment
* Liens
* Wage garnishment

If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of the other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, though courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be "judgment-proof."[5] The term is generally a colloquialism to describe an impecunious defendant.

Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in the vast majority of common law jurisdictions.
Old 09-15-2011, 11:57 PM
  #42  
Senior Member
Thread Starter
 
damastah's Avatar
 
Join Date: 02-13-11
Location: Olney, MD
Posts: 8,056
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by sponge14
When you "win" your civil case, and he doesn't pay up, then you take him to court to dock his paycheck, etc.

From Wikipedia:
Enforcement

When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from trying to bring the same or similar claim again against that defendant, or from relitigating any of the issues, even under different legal claims or theories. This prevents a new trial of the same case with a different result, or if the plaintiff won, a repeat trial that merely multiplies the judgment against the defendant.

If the judgment is for the plaintiff, then the defendant must comply under penalty of law with the judgment, which will usually be a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as:

* Writ of execution
* Bank account garnishment
* Liens
* Wage garnishment

If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of the other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, though courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be "judgment-proof."[5] The term is generally a colloquialism to describe an impecunious defendant.

Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in the vast majority of common law jurisdictions.

okay cool, sounds good. but like i said. kids a loser. has no money, no job, nothing... all he has is a lt1 roadmaster...
Old 09-16-2011, 12:34 AM
  #43  
Senior Member
 
sponge14's Avatar
 
Join Date: 03-14-09
Location: Anna, TX
Posts: 1,039
Likes: 0
Received 0 Likes on 0 Posts
You may be able to put a claim in through insurance if you have full coverage and have them sue him to recoup their money?
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
Jackalope
War Stories
50
05-21-2007 04:38 PM



Quick Reply: I need a lawyer



All times are GMT -4. The time now is 06:28 AM.