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A question for the lawyers

A question for the lawyers

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Old Nov 4th 2014, 5:19 pm
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Default Re: A question for the lawyers

OP does seem intent on overcomplicating the issue.
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Old Nov 4th 2014, 5:20 pm
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Default Re: A question for the lawyers

Originally Posted by Hotscot
Why don't you just get a law degree and do it yourself
It is a regret of mine that I didn't do my LPC when I graduated. Now I feel the time is too late, I'm approaching my middle 30's and I'm too set in my current career :/
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Old Nov 4th 2014, 5:22 pm
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Default Re: A question for the lawyers

Originally Posted by Michael
You can't do that in the US since someone can't enter a person's home without a warrant and a warrant will only be issued to the police for criminal matters, someone can't seize anything unless it was used as collateral for the debt in which the lawsuit was won, and can only seize collateral if it is outside the home. .
Interesting. The situation in the UK is very different. Have a look at this:
Bailiffs raid Royal Bank of Scotland | Money | The Guardian
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Old Nov 4th 2014, 5:22 pm
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Default Re: A question for the lawyers

Oh just a kid then
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Old Nov 4th 2014, 5:25 pm
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Default Re: A question for the lawyers

In America it is good idea to have two very good friends. One being a lawyer, the other a doctor.

Last edited by Uncle_Bob; Nov 4th 2014 at 5:32 pm.
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Old Nov 4th 2014, 5:31 pm
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Default Re: A question for the lawyers

Originally Posted by hungryhorace
Interesting. The situation in the UK is very different. Have a look at this:
Bailiffs raid Royal Bank of Scotland | Money | The Guardian
I've previously heard about UK bailiffs but that would be criminal in he US and the bailiff would likely go to jail if that was attempted. Also from my understanding in the UK, if you open the door and the bailiff walks in, he can normally start seizing property. In the US, if he enters uninvited or doesn't leave when asked, he has another criminal charge against him besides stealing property.

In the US, winning a lawsuit is the easy part. Collecting is the hard part.

Last edited by Michael; Nov 4th 2014 at 5:38 pm.
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Old Nov 4th 2014, 5:51 pm
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Default Re: A question for the lawyers

Originally Posted by Michael
I've previously heard about UK bailiffs but that would be criminal in he US and the bailiff would likely go to jail if that was attempted. Also from my understanding in the UK, if you open the door and the bailiff walks in, he can normally start seizing property. In the US, if he enters uninvited or doesn't leave when asked, he has another criminal charge against him besides stealing property.

In the US, winning a lawsuit is the easy part. Collecting is the hard part.
The police stand and do nothing in incident involving bailiffs. They are beyond useless at protecting people from them for the most part.

Remember though, the US has rent-a-cop's available, "Bounty Hunters" I believe the term is. The thought of something like that in England is unimaginable!
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Old Nov 4th 2014, 6:21 pm
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Default Re: A question for the lawyers

Originally Posted by hungryhorace
The police stand and do nothing in incident involving bailiffs. They are beyond useless at protecting people from them for the most part.

Remember though, the US has rent-a-cop's available, "Bounty Hunters" I believe the term is. The thought of something like that in England is unimaginable!
That is very true but a bounty hunter can't enter a person's home.

In the US, when someone skips bail, a criminal warrant is issued and the bail bondsman can get a copy of the warrant and can hire someone to find that person and return him to jail so that the bail bondsman can get the judgment against him reversed. However nobody has every challenged the law that allows a bounty hunter and if the ACLU does, it may possibly be disallowed.

The primary judicial thinking is that the person that skipped bail was the collateral for the bond and therefore can be seized outside his/her house.

Last edited by Michael; Nov 4th 2014 at 6:28 pm.
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Old Nov 4th 2014, 6:35 pm
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Default Re: A question for the lawyers

Originally Posted by hungryhorace
The police stand and do nothing in incident involving bailiffs. They are beyond useless at protecting people from them for the most part.

Remember though, the US has rent-a-cop's available, "Bounty Hunters" I believe the term is. The thought of something like that in England is unimaginable!
I lived in a house in London that bailiffs were trying to enter to collect assets for a previous (long gone) occupant. I phoned them to tell them to bügger off because the person who owed the money didn't live there, but the person who answered the phone wouldn't connect me to the person assigned to that account unless I gave my name. I refused, saying that I owed no money and had nothing to do with their case/ account. They still refused to put me through, so I said my name was "John Smith", now would they put me through? ..... The grudging attitude was palpable as they connected my call!
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Old Nov 4th 2014, 7:09 pm
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Default Re: A question for the lawyers

First name EFF!
Last name OFF!

Let me spell that for you.
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Old Nov 4th 2014, 10:35 pm
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Default Re: A question for the lawyers

This story from a few years ago was always amusing.

Bank forecloses on a couples home where no mortgage with bank existed.

Couple and bank go to court, couple wins and bank is ordered to pay couples legal fees.

Bank doesn't pay and after waiting for a few months couples attorney gets a court order to seize bank property, Sheriff deputies, lawyer and movers go to bank branch to seize what they can to satisfy the debt.

Bank cut's couple cheque within an hour, and apologizes and no property is seized.

Tables Turn: Deputies and movers show up at bank to seize property for homeowner - WINK-TV News
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Old Nov 5th 2014, 1:34 am
  #27  
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Default Re: A question for the lawyers

Originally Posted by Jsmth321
This story from a few years ago was always amusing.

Bank forecloses on a couples home where no mortgage with bank existed.

Couple and bank go to court, couple wins and bank is ordered to pay couples legal fees.

Bank doesn't pay and after waiting for a few months couples attorney gets a court order to seize bank property, Sheriff deputies, lawyer and movers go to bank branch to seize what they can to satisfy the debt.

Bank cut's couple cheque within an hour, and apologizes and no property is seized.

Tables Turn: Deputies and movers show up at bank to seize property for homeowner - WINK-TV News
Similar story with Wells Fargo. Warning: annoying sound fx - sorry, couldn't find a less annoying link. ABC News
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Old Nov 5th 2014, 3:53 am
  #28  
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Default Re: A question for the lawyers

we didnt have a car accident - but our dog bit someone. a few days later we got a lawyers claim for it. We passed the details onto our household insurance and have heard nothing since - it was just taken care of. It was well over a year ago. I dont think we had to fill out anything at all?
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Old Nov 10th 2014, 4:40 am
  #29  
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Default Re: A question for the lawyers

Originally Posted by Boiler
OP does seem intent on overcomplicating the issue.
OP does not like dishonest people and wants to make sure that [what I believe are] fake injuries are compensated!
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Old Nov 10th 2014, 4:45 am
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Default Re: A question for the lawyers

Originally Posted by sherbert
OP does not like dishonest people and wants to make sure that [what I believe are] fake injuries are compensated!
Believe me, your insurance company dislikes dishonest people and fake injuries even more than you do ...
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