Question for everyone

[matt63]

Based on my experiences you do not need a good reason to counter sue.  You can make-up anything you want as long as you can convince a lawyer to file the claim.  Once you get further into the process you will have to show proof.  There are lots of potential consequences to this action such as paying their legal costs if you drop the claim (US law may differ).  You would be hoping that this action would intimidate them.  The claim might show up when they go to borrow money which could a big motivator for them settle this.  However, these actions don't seem to work against those who have been around the block before.  Bottom line... get a good lawyer.

[Jacksboys]

Sorry to hear about your situation.  I hope it works out for you.

[ChallengerHK]

 

You can sue somebody for anything at any time.  If it goes to court, then you have to make it stick.

[Steve/Bryce]

It seems like your lawyer could answer these questions best.  I agree, any transaction with a paper trail is going to be brought up.  What if an asset was stolen from your garage?

Probably not good either. If they win they will be after your assets for a long time.  Look at O.J.  What if you sold the car made a down payment on a Viper with the money then if it got repo'ed after the case no big deal.

It seems like the value of a car in that condition would vary greatly.  It would take a certified Mopar expert to determine its value.

[djr71]

I was told if I counter sued it could lead to draggin this out longer and could effect any kind of judgement if the jury sympathisizes with them. What sucks is we live in a condo I was hoping with a correction in the housing market would could get a house with a garage this year but that's not going to happen.
I don't know what my car is worth it is a 74 Barracuda 318, auto ralley hood and rims a/c.  I paid $3,500 and got about $4,000 into it so far. Not a high dollar investment but still it's my Barracuda.

[matt63]

My lawyer gave me some good advice when I got wrapped up in a counter suit.  He advised that I trust the legal system as I had done nothing wrong.  In the end the guy dropped the suit as he had no evidence (nothing happened) and he was just mad about how a business break-up went.  Cooler heads usually prevail and time can help with this.  I think it is a good thing that legal cases take years.  You generally need patience, money and a good case to keep it going.  I think people's resolve often dies off.

[BIGSHCLUNK]

We looked into that but because I did not suffer any physical injuries I can not sue

What about those migrains you've been getting?   

[jeryst]

I would see about trying to countersue them for harassment.

I'm not sure, but I was told that if two peoples names are on something, and one of them is being sued, the property can't be taken because that would penalize the innocent person. Are you married? If so, and both your names are on the car and/or condo, it may save you. Probably too late to do anything about it now if you are the sole owner. Once they have your assets listed, you might be screwed.

Check to see how long they can go back against your assets. Maybe you can sell now and then drag it out past that point.

Ask your lawyers what will happen if you sell the vehicle. You might be able to sell stuff, and pay off any bills, then be in a better position if you lose.

Also, could you get an equity loan against your condo, and then stash the money? If you lose, then declare bankruptcy because you can't pay your bills. OJ did that. At least you will have the cash stuffed in a mattress somewhere.

Get a lawyer you can trust, and find out what you can legally do to get rid of stuff. I still think your best bet is to just sell things if you can, and keep the cash on hand (or a Swiss bank account).

All in all, though, I think the legal system in the US really sucks, especially with all of these lawyers advertising free consultations, and "No fee unless we get money for you". All of these low-lifes figure "What the hell, I don't have anything to lose!". I think that the only way to cure it, is to pass a law that says "If you sue someone, and you lose, you must pay ALL legal bills for the other party, as well as yours." That would make a lot of these frivolent BS lawsuits go away, and would stop innocent people from having to pay huge legal fees just to defend themselves.

[djr71]

I am married but everything is in my name except her car. I mentioned to both lawyers about bankruptcy and they said that still won't stop them from attaching my wages.
I was talking to a mortgage guy and he was stating because there is a pending lawsuit against me I might not be able to get an equity loan.
I agree with what your saying about making these people that file these lawsuits pay all legal fees and they should have to compensate the people they sue.
I wish I could tell you guys the entire story you wouldn't believe how much of a joke this suit is.
But unfortunatley as the lawyer says their going to get something it's just a matter of how much.

[moper]

I'm noty a lawyer. But. there are certain realities we've all been thru. You can sell the car. However, the money will be tracked. If you have a sales reciept for the car that states $4000, it's worth that. Or, they have to prove otherwise. I personally would sell it to a trusted friend. NOT family. And being that it's in project form, this could be done for far less than $4000. Dont let it get sold or worked on until the trial is thru. (I would pay cash money to have them put it in a storage unit in their name). Make a sales receipt for that sale, vehicle in inoperable condition, incomplete, parts in boxes. Etc. Make the sales price a couple hundred bucks. It's up to the layers to find it, and value it. Then, they can only get the cash value out of you. Unless your assets have been frozen, the car can be sold. You will have the sales figure listed as assets. I wouldnt buy anything. Slowly remove funds from the savings/checking accounts, and again, have a friend or family member deposit them. Small amounts, and dont take it out, then have it deposited in the same month. You want to drop your assets. Not hoard money. You are not at fault, but that does not make you immune from civil court. That is where you can also take the offensive. Go get a physical. get a referral to a therapist on your own accord. Gain weight, whatever you need to do to demonstrate a need for therapy. It does sound like the process has affected you physically. I get migranes from stress. So use the system as they are. Just as they threaten attaching wages, you can threaten emotional and health issues as a direct result of the lawsuit. Sympathy works both ways. Your lawyer should be telling you this. You can lessen the damage. You cannot stop it totally until the judgement is done. It's going to trial because they have no case except sympathy from the sound of it. Or the lawyers would have pushed for settlement. From now on, all transactions should be in cash too. It's much harder to trace. Get reciepts for everything. But always pay cash. Judgements against you are the only way they can get anything. And no judgement is binding until all the appeals have gone past. So try to dig in, and realize things arent as bad as they seem until the last appeal (assuming you need one). What I see is thier attourney trying to get you to settle for a lump sum with threats and innuendo because he knows they got nothing else.

[matt63]

I like the way you think moper.  Sometimes the aggressor needs to realize that they have something to lose as well.  When they get served there is some shock value.  It can be an effective wake-up call if they haven't been through this process before.  Maybe they will rethink their plan.  I'm just guessing that it is grief and thier greedy lawyer driving this whole sham.

[djr71]

I am going to persue that little more with the lawyer. I did see a grief therapist for a couple of months as the police suggested. I have gained some weight and have had problems sleeping and driving since this has happened. Plus my family say they have noticed a big change in my attitude since this has happened.
All I can think about is having to sell my place and move my family into my parents house and then having to sell my Barracuda too.

[jeryst]

You really need to discuss selling things with your lawyer. I know that in certain situations, they can go back and retrieve anything that you have sold, and the buyer loses out.

They can take any money that you have in bank accounts, which is why I said you would be better off if you just slowly sold stuff off and stashed the money someplace. I have a friend that went through something like this, and they came into his house, inventoried EVERYTHING, and put a cash value on it. Once that was done, he wasn't allowed to get rid of anything without turning over the money. The only thing that saved him, was that when they first came to his house, he wasn't home so they talked to his neighbors to see if they knew when he would be home. The neighbors called him and told him about it, so he had a bunch of friends come over that night and take everything out of his  house that was worth anything. Then he just set up some lawn chairs, and inflatable beds in the house. They couldn't prove that that wasn't the way he lived, so there wasn't much they could do, and at least he got to keep all of his possessions.

Once there is a judgement against you, the courts will do everything they can to take every penny off of you. They will not care what bills you have or whether you have enough money to live on. If they garnish your wages they can take all but $1 of your wages. At that point, it doesn't make sense to work, so get yourself fired. You might want to ask your lawyers if they can go after household income, which would include your wifes earning (if she works). If so, you may have to legally separate from your wife before the court case to protect her wages so that you guys will have something to live on. Then, the only thing you can do is make money under the table, like selling stuff on the internet or buying and selling Mopar parts. You can also do everything you can to increase your wifes income.

As for your Cuda, if they haven't seen it yet, completely strip it, and stash everything. Then you can just show them the bare frame. If they ask about it, say that you parted it out a while back. They can't go after past money. If they take the frame, you can sell all of your parts and put the money towards another Cuda later on.

[Scatterbrain]

I worked at a law firm for awhile before I was to start Law School.  Notice I said "was to start".  Found I didn't have the stomach for it.  During my time there stuff they did made me sick.  One thing I did learn from one of the principals of the firm was that nobody ever comes to him and says "give me what is fair" everybody walks in and says "get me as much money as you possibly can."  Needless to say I went back to school and pursued another degree.  As for selling your stuff before hand, listen to your lawyer.  They have seen it all before and know all the tricks.  As for quitting your job, it doesn't matter.  If you are a doctor and you have a judgment against you and you quit your job to avoid paying a large amount they can still get you because you have the skills to earn more, but don't.  Typically when something like this gets protracted its always a matter of how much they are going to get, not if they are going to get it.  I'm surprised the insurance company hasn't settled out unless a) they think they can win or b) they are asking for an enormous amount of money.  Good luck and I hope everything turns out ok in the end.

[cjm]

If you are deemed by the authorities that you were not at fault, you have alot going in your favor. If it was the other way around, it could be worse. Usually, in cases like this, the lawyers from both sides (including your insurance) will come to some sort of settlement. Remember, if a case goes to a jury (sympathetic, whatever..) and you win...  the "other" side gets nothing .. ($0.00)...  So, unless they have a really good case, their lawyer will probably settle with your insurance company for whatever amt. they can get.......   A good lawyer will be the only one to give the best advise on your case....... get one.....    Good Luck....