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What you are missing about eggshell plaintiff also includes proving that the defendant acted intentionally or negligently. So he was a psychic and knew the chair was going to break and sit the RE lady down there? What if the RE lady was extremely fat, too fat for a normal chair to hold? Whose fault is that?
1- comp case many years ago. out of work a long time. got one of those social security "attorneys" to represent me to collect SSDI. After winning my case and an award, 25% was to go directly to the attorney. 75% to me. Attorney said they might send 25% to me, if they did, to forward it to them. OK... They sent me 75% and 2 weeks later I got the other 25% check made out to me. Called SS and asked why they sent it to me. They said it was against the law for them to send it to the firm. Turns out in some cases it's unlawful for them to collect a fee at all. I kept the money. Lo & behold a year later I sign for a certified letter threatening suit if I don't pony up. They didn't have a leg to stand on but thought their fancy legal letter would scare me. Never responded. That was 17 years ago. Nothing.
2- dentist completely destroyed bridgework but still expects me to pay for it. Sends legal letter threatening litigation. Letter in trash. Money still in my pocket, not the dentist.
3- Wife's mom dies in hospice out of state. laws in this other state are (unethically) such that they can hold next of kin liable for outstanding hospice debt. Over $100K. Sent certified letter threatening litigation 7 years ago. Ignored. Nada.
I don't take the threats seriously. Subpoenas are another story. In the context of this thread, my advice still stands.
Each of the examples above holds more water than Tubby the RE Agent...sorry. And they went nowhere because it wasn't worth it to pursue. The letters, IMO, are a transparent attempt to illicit a response and establish liability. Ignore them and kick the ball back.
So let's look at this.
You hired a lawyer. You won your case. The lawyer is supposed to get 25% of the award. The money is, by law, sent to you, but you knowingly keep that lawyer's money.
The lawyer didn't want to be bothered suing you - it was probably not an amount worth his effort.
But nevertheless, you kept this lawyer's money. In other words, you STOLE that lawyer's money. You are lucky the lawyer didn't bring criminal charges against you.
And your mother-in-law received services that your wife was legally responsible to pay for but you chose not to. If in fact that is the law in that jurisdiction, then again you (actually your wife) were stealing - this time services.
So you're an admitted felon and you want the OP to take your legal advice?
And further, you seem to be telling the OP that IF there is a lawsuit, he should claim nothing happened. In other words, LIE under oath.
The RE Agent will testify as to what happened, will probably have a calendar entry showing that she was at the OP's house, and who knows what other evidence she will have. You don't know. But her testimony alone can be enough to prove the incident happened.
If the OP perjures himself, then the jury will have to decide who is more believable. But the OP, if taking your advice, may subject himslef to fine or jail.
Much safer to just notify the Ins company of the letter & let them deal with it.
The first thing I would have done is to call the corporate office of the real estate company (NOT the local office) and let them know exactly what happened, let them know you (obviously) won't be using their services for anything, and that you'll let everyone know to be wary of them because they might just get sued by a broker.
The second thing I would do is forward the letter to your insurance company and let them handle it. They will contact you for details.
So let's look at this.
You hired a lawyer. You won your case. The lawyer is supposed to get 25% of the award. The money is, by law, sent to you, but you knowingly keep that lawyer's money.
The lawyer didn't want to be bothered suing you - it was probably not an amount worth his effort.
But nevertheless, you kept this lawyer's money. In other words, you STOLE that lawyer's money. You are lucky the lawyer didn't bring criminal charges against you.
And your mother-in-law received services that your wife was legally responsible to pay for but you chose not to. If in fact that is the law in that jurisdiction, then again you (actually your wife) were stealing - this time services.
So you're an admitted felon and you want the OP to take your legal advice?
And further, you seem to be telling the OP that IF there is a lawsuit, he should claim nothing happened. In other words, LIE under oath.
The RE Agent will testify as to what happened, will probably have a calendar entry showing that she was at the OP's house, and who knows what other evidence she will have. You don't know. But her testimony alone can be enough to prove the incident happened.
If the OP perjures himself, then the jury will have to decide who is more believable. But the OP, if taking your advice, may subject himslef to fine or jail.
Much safer to just notify the Ins company of the letter & let them deal with it.
First of all, this isn't about me. Second, it's none of you effin business. I threw out the basics of my cases, on request, to prove a point. You speculated the rest. But let's address your idiocy anyway:
1- No..I didn't hire a "lawyer". He was recommended by my comp "attorney" (neither is an actual attorney). I was under agreement to pay 25% if there was an award. The attorney, actually a representative, basically did nothing but file a form for me. The rep told me when I got my award, that "sometimes, SS will send the client our payment". Please forward it to us if it does. The check did come to me, 2 weeks after mine, but it was also endorsed to me. Strange. I questioned it. See that? I don't just listen to everything people tell me to do like some others on here might. It was unlawful for SS to send it to them, detective, because SS knew they were already paid. Turns out, this rep was already paid by my comp award, and was trying to double dip. I kept what was rightfully mine, and they still tried to collect it via their fancy legal letter. I stole nothing...OK Sherlock?
2- My mother in law...this is where you deserve a slap. She didn't have a whole lot going for her financially. We couldn't care for her. My wife got her into a hospice near her home. She had to jump through hoops to find one that would take her with her financial stature. She found one and signed all kinds of paperwork assuring her she wouldn't be held liable; all she had to do was liquidate her mother's financial assets and forward them to said hospice, which she did. Two years after she died, the hospice attorney tried to collect anyway, via fancy legal letter.
What I have demonstrated, Inspector Clue (less) Zo, are but two instances where bottom feeding, loser attorneys, those brutally honest officers of the court (thanks Twingles..that was great), tried to cash in on perceived ignorance, using a legal letter to do so. I didn't entertain either. The case of the OP, while different in specifics, is the same basic concept.
And this nonsense you and others keep spewing about a trial ("lying under oath")...You, like them, seem to be missing the fact that this POS case will never get to trial. It will never even get off the ground! Any advice I've given here is based strongly on that very relevant fact.
Perjury? JAIL??? Oh man....
Last edited by Monty Brewster; 11-20-2012 at 11:35 PM..
Breach of contract in the form of failure to pay for services is NOT a crime nor is it a felony.
You are mistaking this with grand larceny which is a completely different concept.
That's OK...Don't you see? After Sherlock here brings me downtown and books me, the courts will overlook all of the inconsistencies in his case throughout the proceedings, and have a jury decide my fate anyway. Happens all the time.
Last edited by Monty Brewster; 11-20-2012 at 11:13 PM..
Breach of contract in the form of failure to pay for services is NOT a crime nor is it a felony.
You are mistaking this with grand larceny which is a completely different concept.
Nope, it's not criminal, but the professional in question could obtain a lien (mechanics) on your real property and assets. Very easy for an experienced attorney to do this.
This thread has become quite the snoozefest of anecdotal and annoyingly questionable legal advice.
Anecdotal and questionable advice = advice on the internet.
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