Small Claims advice/ lying cop.

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Re: Small Claims advice/ lying cop.

Postby TA1LGUNN3R on Tue Jan 29, 2013 7:18 pm

The suit that my sister filed was that the couple operating the SUV were liable for damages to her Hyundai, despite the no-fault ruling the insurance investigation yielded. The investigator gave an inaccurate report (and in retrospect he probably knew the husband was a cop), but I guess that's another issue.

I'm not too sure about the specifics of what the cop is pursuing as I was just told on the phone. Apparently, he's notified some sort of collection agency or something that sent my sister a notarized letter demanding payment for damages to his SUV. However, he has no legal basis for this because (1) there's no accident report from the DMV on his part like I mentioned, and (2) the judge didn't rule in favor of the cop, he just dismissed the case. Honestly, I'd have to see the letter to see what the hell's going on with that.

-TG
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Re: Small Claims advice/ lying cop.

Postby TA1LGUNN3R on Tue Jan 29, 2013 7:20 pm

Dukasaur wrote:
TA1LGUNN3R wrote:What are our options? Should we contact the cop's superior, seeing as how he perjured himself under oath, which obviously gained him an advantage? Can the judge's ruling be challenged, seeing as how, despite the evidence, he sided with the cop?

Do not do ANYTHING without a lawyer. You hear me? NOT ONE FUCKING THING! The cops have a lot of tricks up their sleeve, the judges are biased in their favour, and they're not afraid to play dirty. You try handling this on your own, and you could be in for a world of pain, including but not limited to: getting a ticket each and every time you leave your house, going to jail for contempt of court, getting your teeth kicked in and charged with resisting arrest while you lay on the ground, and a slew of other nightmares. Keep your cards close to your vest, get a good lawyer, and don't say anything to anybody except through him.

Trust me. I'm one of the few people I know who actually has won a case against the cops, and I learned a lot about the legal system in the process. Including the fact that my lawyer saved my ass; if I had represented myself as I originally intended to I probably would have done hard time. Lawyers are expensive, but they're worth every penny.

One final word of advice: Get a young lawyer fresh out of law school. They're the only ones that still care. The old ones are jaded and really don't give a shit. Plus the old ones cost more. The young ones still believe in justice, and if you impress one with the merits of your case he may even do it pro bono, or at least on the cheap, especially if he doesn't have much of a client list yet competing for his time.


Considering the car wasn't all that valuable, I would've just cut my losses with this ruling, as lawyer charges don't seem worth the trouble. I'm more concerned at this point about what the cop is trying the demand from Sis.

-TG
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Re: Small Claims advice/ lying cop.

Postby Just_essence on Tue Jan 29, 2013 7:38 pm

But then again, if proving the cop lying and biased means not only dismissing his attempt to claim damages but also overturn the previous verdict, you may have no other choice. The only two outcomes are you winning both cases, or losing both cases.
By the way, how long do you think it'll take for the cop to file the damages claim against your sister? Just wondering. Might as well give us a sense of how urgent this is.
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Re: Small Claims advice/ lying cop.

Postby Symmetry on Tue Jan 29, 2013 7:45 pm

TA1LGUNN3R wrote:The suit that my sister filed was that the couple operating the SUV were liable for damages to her Hyundai, despite the no-fault ruling the insurance investigation yielded. The investigator gave an inaccurate report (and in retrospect he probably knew the husband was a cop), but I guess that's another issue.

I'm not too sure about the specifics of what the cop is pursuing as I was just told on the phone. Apparently, he's notified some sort of collection agency or something that sent my sister a notarized letter demanding payment for damages to his SUV. However, he has no legal basis for this because (1) there's no accident report from the DMV on his part like I mentioned, and (2) the judge didn't rule in favor of the cop, he just dismissed the case. Honestly, I'd have to see the letter to see what the hell's going on with that.

-TG


So he was the owner of the SUV and his sister was driving? This seems a bit more complicated.
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Re: Small Claims advice/ lying cop.

Postby Just_essence on Tue Jan 29, 2013 7:49 pm

Symmetry wrote:
TA1LGUNN3R wrote:The suit that my sister filed was that the couple operating the SUV were liable for damages to her Hyundai, despite the no-fault ruling the insurance investigation yielded. The investigator gave an inaccurate report (and in retrospect he probably knew the husband was a cop), but I guess that's another issue.

I'm not too sure about the specifics of what the cop is pursuing as I was just told on the phone. Apparently, he's notified some sort of collection agency or something that sent my sister a notarized letter demanding payment for damages to his SUV. However, he has no legal basis for this because (1) there's no accident report from the DMV on his part like I mentioned, and (2) the judge didn't rule in favor of the cop, he just dismissed the case. Honestly, I'd have to see the letter to see what the hell's going on with that.

-TG


So he was the owner of the SUV and his sister was driving? This seems a bit more complicated.

What? How did you get that out of his post? It's the wife driving the opposing SUV, the husband the cop, and TA1LGUNN3R's sister, as you definitely know... How did you get the sister part?
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Re: Small Claims advice/ lying cop.

Postby DoomYoshi on Tue Jan 29, 2013 7:50 pm

Go on Judge Judy! She'll set the bastard straight.
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Re: Small Claims advice/ lying cop.

Postby Symmetry on Tue Jan 29, 2013 7:52 pm

Just_essence wrote:
Symmetry wrote:
TA1LGUNN3R wrote:The suit that my sister filed was that the couple operating the SUV were liable for damages to her Hyundai, despite the no-fault ruling the insurance investigation yielded. The investigator gave an inaccurate report (and in retrospect he probably knew the husband was a cop), but I guess that's another issue.

I'm not too sure about the specifics of what the cop is pursuing as I was just told on the phone. Apparently, he's notified some sort of collection agency or something that sent my sister a notarized letter demanding payment for damages to his SUV. However, he has no legal basis for this because (1) there's no accident report from the DMV on his part like I mentioned, and (2) the judge didn't rule in favor of the cop, he just dismissed the case. Honestly, I'd have to see the letter to see what the hell's going on with that.

-TG


So he was the owner of the SUV and his sister was driving? This seems a bit more complicated.

What? How did you get that out of his post? It's the wife driving the opposing SUV, the husband the cop, and TA1LGUNN3R's sister, as you definitely know... How did you get the sister part?


Misreading, obviously. This is a complicated story, told second hand from a family member of someone involved. I think I need to draw a chart.
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Re: Small Claims advice/ lying cop.

Postby Funkyterrance on Tue Jan 29, 2013 7:53 pm

Suggestion: don't hire symmetry as your lawyer. :P
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Re: Small Claims advice/ lying cop.

Postby Symmetry on Tue Jan 29, 2013 7:56 pm

Funkyterrance wrote:Suggestion: don't hire symmetry as your lawyer. :P


I'm pretty sure that suggestion has never been considered a good idea.
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Re: Small Claims advice/ lying cop.

Postby john9blue on Tue Jan 29, 2013 9:20 pm

Dukasaur wrote:
One final word of advice: Get a young lawyer fresh out of law school. They're the only ones that still care. The old ones are jaded and really don't give a shit. Plus the old ones cost more. The young ones still believe in justice


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Re: Small Claims advice/ lying cop.

Postby BigBallinStalin on Tue Jan 29, 2013 11:59 pm

TA1LGUNN3R wrote:
Dukasaur wrote:
TA1LGUNN3R wrote:What are our options? Should we contact the cop's superior, seeing as how he perjured himself under oath, which obviously gained him an advantage? Can the judge's ruling be challenged, seeing as how, despite the evidence, he sided with the cop?

Do not do ANYTHING without a lawyer. You hear me? NOT ONE FUCKING THING! The cops have a lot of tricks up their sleeve, the judges are biased in their favour, and they're not afraid to play dirty. You try handling this on your own, and you could be in for a world of pain, including but not limited to: getting a ticket each and every time you leave your house, going to jail for contempt of court, getting your teeth kicked in and charged with resisting arrest while you lay on the ground, and a slew of other nightmares. Keep your cards close to your vest, get a good lawyer, and don't say anything to anybody except through him.

Trust me. I'm one of the few people I know who actually has won a case against the cops, and I learned a lot about the legal system in the process. Including the fact that my lawyer saved my ass; if I had represented myself as I originally intended to I probably would have done hard time. Lawyers are expensive, but they're worth every penny.

One final word of advice: Get a young lawyer fresh out of law school. They're the only ones that still care. The old ones are jaded and really don't give a shit. Plus the old ones cost more. The young ones still believe in justice, and if you impress one with the merits of your case he may even do it pro bono, or at least on the cheap, especially if he doesn't have much of a client list yet competing for his time.


Considering the car wasn't all that valuable, I would've just cut my losses with this ruling, as lawyer charges don't seem worth the trouble. I'm more concerned at this point about what the cop is trying the demand from Sis.

-TG


Therefore, lawyer up. This problem will get worse without one. Collect what you have, write down the entire story, and lawyer up. Otherwise, you're in for a world of pain.


[Recall that public officials are as self-interested as you or I. Many people like Lootifer and Sym tend to forget this. INB4 POLITICS THREAD!!!]
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Re: Small Claims advice/ lying cop.

Postby TA1LGUNN3R on Wed Jan 30, 2013 1:05 am

Better call Saul.

-TG
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Re: Small Claims advice/ lying cop.

Postby Army of GOD on Wed Jan 30, 2013 2:36 am

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Re: Small Claims advice/ lying cop.

Postby thegreekdog on Wed Jan 30, 2013 8:26 am

john9blue wrote:
Dukasaur wrote:
One final word of advice: Get a young lawyer fresh out of law school. They're the only ones that still care. The old ones are jaded and really don't give a shit. Plus the old ones cost more. The young ones still believe in justice


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When I graduated law school, I didn't know any young lawyers fresh out of law school that still cared. You might find one or two, but they tend to be the worst attorneys.

I read the story a couple of times and meant to reply but got caught up in whatever nonsense happened last night.

Obviously I think an attorney should be hired for defense purposes. If money is an issue, try the local or state bar assocations and see if they can get your sister a pro bono attorney. Has the plaintiff (police officer) hired an attorney? Is the police officer in a jurisdiction which holds sway over your sister on a long-term basis? These are things to consider.

I've been tangentially involved in some issues with police officers, both racial profiling and lying for personal gain. They are a tough bunch to crack and I have not been successful in my advice, so that's my caveat. That being said, if you can get a decent, cheap or free attorney to help your sister, that's the best move. Reporting the police officer to higher authorities isn't going to work because, at this point, it's still a "he said, she said" situation.
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Re: Small Claims advice/ lying cop.

Postby Funkyterrance on Wed Jan 30, 2013 12:44 pm

thegreekdog wrote:When I graduated law school, I didn't know any young lawyers fresh out of law school that still cared. You might find one or two, but they tend to be the worst attorneys.

I was thinking the same thing but didn't want to sound contrary. The seasoned lawyers that I know are just more confident, knowledgeable and imho better.
As far as using a lawyer for defense, I was under the impression that the cop was now suing for damages but TGD I'm sure knows better than I. :mrgreen:
Personally, I'd like to see the lying cop strung up by his toenails.
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