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  1. King Sleepless is offline
    King Sleepless's Avatar

    I am a living legend!

    Join Date
    Jul 2005
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    Cuba
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    10,048

    Posted On:
    11/12/2005 8:17pm

    supporting member
     Style: Tatsumaki Senpuu Kyaku

    --
    Hell yeah! Hell no!

    How do you sue someone?

    About 8-9 months ago, some old hag rear ended me. I've been waiting for a shitload of a long time for her insurance company to pay up and fix the damages but they haven't and I really need to get my car fixed.

    So how do I go about suing her? It's a winning case as it is, I have all the paper work from the shops I went to the day after, pictures, etc. Hell she even took off before giving me ALL of her information.
  2. King Sleepless is offline
    King Sleepless's Avatar

    I am a living legend!

    Join Date
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    Posted On:
    11/12/2005 8:21pm

    supporting member
     Style: Tatsumaki Senpuu Kyaku

    --
    Hell yeah! Hell no!
    I just want to take them to small claims and avoid lawyer fees.
  3. Mr. Mantis is offline
    Mr. Mantis's Avatar

    One Ambulance, Eleven Cops...

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    Sep 2003
    Location
    under the sink
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    6,333

    Posted On:
    11/12/2005 8:25pm

    Join us... or die
     Style: Kung Fu

    --
    Hell yeah! Hell no!
    Then do it.
  4. King Sleepless is offline
    King Sleepless's Avatar

    I am a living legend!

    Join Date
    Jul 2005
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    Posted On:
    11/12/2005 8:27pm

    supporting member
     Style: Tatsumaki Senpuu Kyaku

    --
    Hell yeah! Hell no!
    You guys are le mean. :(

    What is the process of which I need to go through to get her to court? Do I just go up to the really evil clerks and be like, "Woman! I need to sue someone, point me to a man who can tell me how it's done." or something?
  5. Wataru Akiyama is offline

    Registered Member

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    Sep 2005
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    South Shore, LI
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    727

    Posted On:
    11/12/2005 8:30pm


     Style: Enshin

    --
    Hell yeah! Hell no!
    HOW DO LAWSUIT?!
  6. Shu2jack is offline

    Registered Member

    Join Date
    Jun 2004
    Posts
    386

    Posted On:
    11/12/2005 8:45pm


     Style: AMAI TKD

    --
    Hell yeah! Hell no!
    Break her hip for breaking your car.

    That is a sure fire way to get her into court with you.
  7. Phrost is offline
    Phrost's Avatar

    Join Date
    Jun 1998
    Location
    Cow Town
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    19,115

    Posted On:
    11/12/2005 9:04pm

    Business Class Supporting Memberstaff
     Guy Who Pays the Bills and Gets the Death Threats Style: MMA (Retired)

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Wataru Akiyama
    HOW DO LAWSUIT?!
    Normally I hate short responses on the forums, but yeah.
  8. Grashnak is offline
    Grashnak's Avatar

    Old School DM

    Join Date
    Sep 2005
    Location
    Ottawa
    Posts
    1,055

    Posted On:
    11/12/2005 9:12pm

    supporting member
     Style: Nothing current

    --
    Hell yeah! Hell no!
    No offence Sirc, but you're engaging in one of my internet pet peeves. People are always showing up on their hobby forums and asking for medical or legal advice. I mean, damn, would you want anyone on here to pull your teeth, remove your gall bladder, or - god forbid - tell you how to sue someone? :stop:

    The law is serious business, even if you're going the small claims court route, and it tends to be different in every jurisdiction, so do your self a favour and toddle on down to your local courthouse and get the facts from the people who know them. You might try looking up a local legal help line - often you can get free advice from law schools etc that have their students doing that kind of work.

    But get it from somewhere where you can be sure that people know what the hell they are talking about, in a forum specific to your location and circumstance.

    Getting legal advice from random posters on message boards is like getting your brakes done at Burger King, only without the guarantee... :eusa_snoo

    Good luck!
  9. Sam Browning is offline

    Join Date
    Apr 2003
    Location
    New England
    Posts
    9,864

    Posted On:
    11/12/2005 11:31pm

    hall of famestaff
     

    --
    Hell yeah! Hell no!
    *Sigh*

    At your local small claims court they will have a booklet explaining the process. The book will also specify how much the limit is for small claims actions in your juridiction. If you have more damages, say $5,000 and the limit in your state is $3,000 you can only sue for the latter figure.

    the biggest complication is service. i.e. what do you have to do to get the paperwork to her in a legally appropriate manner that ensures that she has notice of the suit and that such notice can be established after the fact. If certified mail is not allowed you'll have to hire a sherriff. For further information please consult nolo press, they have a book on small claims actions you'll probably want to buy.
  10. Lane is offline
    Lane's Avatar

    Ex-ninja

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    Feb 2005
    Location
    Houston, Texas
    Posts
    1,350

    Posted On:
    11/13/2005 2:18am


     Style: Muso Shinden Ryu

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    Hell yeah! Hell no!
    Not to mention the fact in the US it is illegal for anyone but a lawyer to give you legal advice. I used to work for a legal services company that incorporated businesses for people and filed documents for lawyers. If a lawyer did not call and set up the paperwork, it couldn't be done, and we couldn't tell anyone how to do it, because that was a violation of the law.
    --
    L.
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