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Filed a lawsuit against a bank for gross negligence and bank fraud


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#1 Ratrat

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Posted 09 November 2012 - 02:43 PM

My attorney filed a lawsuit against a bank for gross negligence and defrauding me out of my deposits. The Bank was found guilty in Los Angeles Municipal Court and order to pay me. They did not pay me and then we filed a federal court mandate in which the bank breached on October 15th. It seems like the bank is above the law and the courts have no power to make them pay.

1) What else can be done to make the bank pay me my money?

2) Can I get the NAACP attorney’s involved in this case because this incident steamed from racial profiling?

My attorney just got called on a very important case for the next month in which I am sitting in limbo and I need to try and get this case resolved. My attorney did not want to give me a copy of the lawsuits until the case is over. It has been 9 months and counting and he has gotten called to another case. I really need to get a copy of my lawsuit and all the motions but I don’t have the docket number.

3) How can I get a copy of my case without the docket number?

My case is in L.A. and I live in Ohio. I have the date the lawsuit was filed and who it was filed against with the address and the names of both attorneys.



#2 Guest_FindLaw_Amir_*

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Posted 09 November 2012 - 03:18 PM

Have you contacted the court clerk to get a copy of your case?

#3 adjusterjack

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Posted 09 November 2012 - 03:27 PM

Agree.

Just call up the court and give them your name and the other party's name and they'll tell you how much money to send to get a copy of the file.

As for how you collect, you might have to hire another lawyer and pay more fees to get that done.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 Ratrat

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Posted 09 November 2012 - 08:22 PM

If I hired another lawyer what other ways could he go about collecting my settlement from the bank?

#5 pg1067

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Posted 12 November 2012 - 07:38 AM

My attorney filed a lawsuit against a bank for gross negligence and defrauding me out of my deposits. The Bank was found guilty in Los Angeles Municipal Court and order to pay me. They did not pay me and then we filed a federal court mandate in which the bank breached on October 15th.


First, municipal courts have not existed in California since the late 1990s. Are you talking about a lawsuit from before the municipal courts were abolished? Second, there is no cause of action in California called "gross negligence." Third, there is no such thing as a finding of "guilt" in a civil lawsuit. Fourth, I'm not sure what your reference to a "federal court mandate" means. If you got a judgment in a California state court, there would be no reason for any federal court to involve itself in the enforcement of the judgment. All of these things make it difficult to respond to your questions.


What else can be done to make the bank pay me my money?


Any reason you haven't simply served a levy on the bank?


Can I get the NAACP attorney’s involved in this case because this incident steamed from racial profiling?


I should hope it goes without saying that whether the NAACP chooses to involve itself in your case is entirely up to the NAACP. That said, I can't imagine why it would get involved in a private dispute between a bank and one of the bank's customers.


My attorney just got called on a very important case for the next month in which I am sitting in limbo and I need to try and get this case resolved. My attorney did not want to give me a copy of the lawsuits until the case is over. It has been 9 months and counting and he has gotten called to another case. I really need to get a copy of my lawsuit and all the motions but I don’t have the docket number.

How can I get a copy of my case without the docket number?


You can go down to the courthouse where the case was filed and search the case filings by name (or have someone local do it on your behalf). However, you won't be able to do anything without your attorney as long as he remains your attorney of record. If you want to proceed without him, you'll need to file a substitution of attorney naming you as your own attorney or substituting another attorney.


Just call up the court and give them your name and the other party's name and they'll tell you how much money to send to get a copy of the file.


The chances that a Los Angeles County Superior Court clerk will do this over the phone are quite slim (although I suppose it will depend on the branch where the case was filed).




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