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Posts posted by adjusterjack

  1. 8 minutes ago, Jazamb32 said:

    An unauthorized driver


    Do you mean he wasn't on the rental contract or do you mean he drove the car without your consent?


    8 minutes ago, Jazamb32 said:

    Can I take him to small claims court?


    Sure, as long as the amount is within the court's limit.


    9 minutes ago, Jazamb32 said:

    What are the chances of me winning?


    Probably better than your chances of collecting.

  2. One owner can't foreclose on the other. What he might be referring to is a "partition action" which asks the court to sell the property and divide the proceeds. That would be bad news for him, too, because those sales are done by auction and could realized less than what is owed on the property.


    She was incredibly stupid to get into this deal.


    Now she should be talking to a lawyer and see if she can make some sort of a pre-emptive strike to protect herself.


    PS: people do illegal things every day and get away with them because other people make stupid mistakes and don't stand up for themselves when the stuff hits the fan.

  3. Does the dog owner have homeowners insurance?


    If yes, then you stop practicing law without a license and have her report the claim to her insurance company, which should have been done when it happened.


    If not, then she CAN get an attorney to help her. She just has to pay one and any attorney who handles dog liability claims can help her. Just google Hollister, CA dog bite lawyer and I'm sure there will be a few.

  4. Next time you talk to the claim rep ask if any investigation into the claimant's medical records was done when the first letter came in.


    You might consider increasing your liability limits (home and auto) to $300,000 or $500,000 considering the homestead exemption in your state.


    Feel free to come back to this thread if you want to discuss further.

  5. Stop losing sleep. Your insurance company that you had at the time of the accident has a contractual obligation to investigate, defend or settle. Don't be content to just sit back and "not hear anything about it." Call the claims department, get the name of your liability claim rep. Make sure he has the letters. Ask what he's doing about it. Whatever he tells you, follow up with a letter confirming the conversation. You'll want to lay a good paper trail. Keep in touch with the claim rep every couple of weeks. Make sure you get his email address and fax number. If you do get a summons and complaint you'll want to get copies to him immediately.


    You wrote "almost two years ago." What was the exact date? Oregon has a two year statute of limitation so that lawyer may be running out of time for filing a lawsuit. What was the liability limit per person on that policy?


    My guess is that the lawyer is some kind of "Whiplash Willie" trying to make a few quick bucks with a trumped up claim.


    Chill out. You're not going to "lose everything." :) Your house is exempt up to $40,000 in equity and your qualified retirement accounts are fully exempt.


    If your company settles for some amount there will be a release signed by the claimant that will prevent any further action against you.


    Please answer the two questions above.







  6. 37 minutes ago, AlkiDiver said:

    Should I file a police report today and have her and her co-conspirators interviewed today, in order to document the facts?  And while I am in town. Or should I lawyer up and pay the fees and take my kids grandmother to court? 


    This is a matter for the probate court, not the police. You'll be wasting your time reporting it.


    You need the power of the court to compel her to turn over the valuable coins, assuming you can prove their existence. That's going to take the services of a probate lawyer.


    Has probate been opened? Who is the executor confirmed by the court?

  7. 1 hour ago, Jessica said:

    She doesn't want my husband involved in the child's life at all. she just wants him to give her money.


    That's not going to happen if your husband is smart enough to take the DNA test establish paternity and go to court to get visitation so he can be a part of the child's life.


    Who knows? A DNA test can be a two edged sword. Maybe the friend was promiscuous enough so he turns out not to be the father.

  8. Condolences.


    Let's start with a few questions.


    1 - Did she have a will?

    2 - Where are her assets located?

    3 - Has probate been opened in Georgia where she resided? If not, why not?

    4 - Why is an Ohio lawyer handling anything when she lived in Georgia?

    5 - What is your concern about the "unclear numbers"?


  9. 2 hours ago, Fraud said:

    My property was damaged at a storage facility (rodents and water, mold and mildew) and the insurance company doesn't want to pay.


    There are some serious exclusions and limitations in the homeowners or renters policy for those kinds of damage.


    Didn't you understand that when you bought your policy.


    The "flyer" is not the policy.


    2 hours ago, Fraud said:

    This has been going on for almost three months! They keep procrastinating trying to find a reason not to pay.


    Didn't you get a letter explaining the decision?


    2 hours ago, Fraud said:

    Everytime I hit them with proof of them lying.


    Lying about what?


    2 hours ago, Fraud said:

    Is there an Attorney out there that can take on this case? 


    I'm sure that there is, if you are willing to pay him by the hour with a good size retainer. Call around to law firms for a consult.


    Now answer the following:


    What state is this happening in?

    What was the date that you discovered the damage?

    How did the water damage occur? Leaky roof? Something else?



  10. 11 minutes ago, bornitz said:

    The question about them correctly applying the principle/interest from payment was because they were not acting in accordance with the loan agreement according to some consumer complaints.


    It's not principle, it's principal.


    A payment is applied to principal and interest in accordance with a mathematical formula. You don't get to say what is applied to what.


    You can use the following amortization calculator to see how your payments are applied:




    Keep in mind that the amounts may change slightly depending on the date that the payment is posted to the account.



  11. 1 hour ago, Kellyp57 said:

    wish there was something we could do to hold them responsible for non-disclosure.


    There isn't. You had every opportunity to do a thorough inspection of all the nooks and crannies, but you didn't.


    Two lessons:


    1 - Always inspect thoroughly.


    2 - Never believe anything anybody tells you when they are trying to sell you something. Even your buyer agent is going to lie to you to make sure the sale goes through without a hitch. Any belief that a buyer's agent represents the buyer's interests is delusional.




  12. It's not your appellate decision that's costing you jobs, it's you record as an habitual offender. Employers see that record on the criminal background check, they don't go looking for appellate case decisions.


    As for your appellate decision being used in law schools, it's one of hundreds, maybe thousands, that are used as case studies in law schools.



  13. 1 hour ago, TSB said:

    was told that it would be removed


    "I was told" is the most dangerous phrase in the English language.


    1 hour ago, TSB said:

    The plates and sn come back with no owner.


    Then report it to the appropriate agency for removal.


    Or, keep it and hope nobody claims it. Make sure you make a photo inventory before you touch anything, just in case.

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