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D: "Uhh, your honor I never said I had insurance; I told them I didn't, and that's why I wasn't going to call the cops and report her for the accident." J: "I bleeeb U hotstuff; judgment for Defendant!" L: "But your honor, the Internet said..." J: "NO1CURR" This has been a dramatization, any names or likenesses have been changed to protect the identities of the innocent.
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Oct 6, 2015 19:37
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You can trust blarzgh on this, OP, he's a traffic lawyer.
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Oct 6, 2015 19:40
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blarzgh posted:D: "Uhh, your honor I never said I had insurance; I told them I didn't, and that's why I wasn't going to call the cops and report her for the accident." That's why you provided me with your lapsed policy number which is directly associated with you and I had no other way of knowing.
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Oct 6, 2015 19:41
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What a bunch of suckers we all are paying for insurance when there're apparently no consequences for causing accidents without it and blowing it off. Your lowest-effort method of causing him $1900 in grief would probably to anonymously report something that would get him pulled over and hopefully his insurance checked. Or just light his car on fire. Is there no way there to just report an unsafe motorist without attaching it to a specific incident? I feel like some states have that.
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Oct 6, 2015 19:59
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Lol, thinking that garnishment will be easy.
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Oct 6, 2015 20:07
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Javid posted:Is there no way there to just report an unsafe motorist without attaching it to a specific incident? I feel like some states have that. Consider how much the police care about unverified reports about "unsafe motorists" from just any member of the public
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Oct 6, 2015 20:20
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Javid posted:What a bunch of suckers we all are paying for insurance when there're apparently no consequences for causing accidents without it and blowing it off. One of my history teachers in high school said that someone phoned in his license plate and said he was weaving all over, and so the police showed up at his house and made him spend the night in a drunk tank. He may not have been telling the whole story, now that I think about it.
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Oct 6, 2015 20:22
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the milk machine posted:Consider how much the police care about unverified reports about "unsafe motorists" from just any member of the public As likely as recovering his money but without the initial costs of small claims?
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Oct 6, 2015 20:49
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Leviathan Song posted:That's why you provided me with your lapsed policy number which is directly associated with you and I had no other way of knowing. "Uhh, your honor, I've never seen that number before, I don't know what they're talking about. I object to any hearsay about my insurance." "Mmmkay sxy BB, objection sustained, judgment for my Bae, Defendant!"
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Oct 6, 2015 21:01
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Bad Munki posted:You can trust blarzgh on this, OP, he's a traffic lawyer. Just finished my pretrial docket!
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Oct 6, 2015 21:02
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the milk machine posted:Consider how much the police care about unverified reports about "unsafe motorists" from just any member of the public "OMG, wow sir, thank you so much! I'll send out 3 squad cars right now to look for that guy who swerved into your lane yesterday!"
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Oct 6, 2015 21:04
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blarzgh posted:"Uhh, your honor, I've never seen that number before, I don't know what they're talking about. I object to any hearsay about my insurance." That's obvious perjury because he's already presented that number to the state when he renewed his tags. Your defendant is now screwed. The likelihood of him being capable of presenting a defense is what I'm least worried about. If he was that smart I wouldn't have anything but a license plate number right now. Really he's much more likely to not show up at the trial at all and dodge paying than any of the other negative scenarios anyone has presented.
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Oct 6, 2015 21:13
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The Mandingo posted:Just go do $1900 worth of damage to his vehicle in the dead of night and you'll feel better, because you're probably not seeing that money ever again.
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Oct 6, 2015 21:19
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Javid posted:As likely as recovering his money but without the initial costs of small claims? hahaha you sweet sweet child "Hello, police? Yes, I'm a dumbass member of the driving public. Yesterday a gray car passed me going too fast! I think the license plate started with R. You'll catch them? Ok thanks police!"
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Oct 6, 2015 21:35
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Leviathan Song posted:That's obvious perjury because he's already presented that number to the state when he renewed his tags. Well, you better bring someone from the DMV competent to testify to that fact to trial then, too!
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Oct 6, 2015 21:58
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He didn't lie to you about having insurance; he told you he had insurance but it has apparently lapsed. Who are you to say he lied about it?
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Oct 6, 2015 22:16
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WhiskeyJuvenile posted:Well, you better bring someone from the DMV competent to testify to that fact to trial then, too! And his insurance company!
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Oct 7, 2015 00:10
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Leviathan Song posted:That's obvious perjury because he's already presented that number to the state when he renewed his tags. Judge: Uh no b/c the State checks to see if insurance is valid b4 giving tags, U are the liar, judgement for MY BAE."
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Oct 7, 2015 00:25
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Question about defamation under Canadian (specifically Albertan) law: is it necessary to show damages to proceed with a case? A former friend of mine has gone a bit deranged and has accused me of theft to a current client of mine (not to the police, which is obviously what you'd do if someone had actually committed theft against you). Luckily, that client is well aware of what a loving lunatic the accuser is, but I think it's still harmful to my professional representation even if I don't have any defined damages at this point. Do I have any options?
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Oct 7, 2015 01:29
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If no-one believes the person why would you sue them? Are they wealthy enough that it would be worthwhile?
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Oct 7, 2015 01:47
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Filboid Studge posted:If no-one believes the person why would you sue them? Are they wealthy enough that it would be worthwhile? It's a recurring problem where he's been accusing me and various of my friends and colleagues of bizarre thefts, and conjuring perceived debts out of thin air. He has some assets, but I know he's leveraged out the rear end and grasping at straws to find ways to service his massive debt load. I doubt I can recover much money, if any, because he's in debt up to his eyeballs, but I would really like him to stop telling lies about me and my friends, especially to current and potential clients.
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Oct 7, 2015 01:51
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What kind of clients do you deal in? How does he have access to your current and future client lists?
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Oct 7, 2015 02:04
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joat mon posted:What kind of clients do you deal in? How does he have access to your current and future client lists? We were good friends for about 7 or 8 years before he went sort of crazy, and although we're in completely different businesses, there was a fair overlap between our social circles and our client lists as well.
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Oct 7, 2015 02:13
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You might want to talk to an attorney. In Texas, for example, "Defamation" has damages as an element, however, you can generally find an expert who will testify that you have damages to your professional reputation if he's going after your clients. Further, in Texas again, "Defamation per se" is a type of Defamation claim whereby the tortfeasor accuses you of a crime, and its possible to waive "damages" as an element of the claim. Texas is pretty far from Canada, though. Your best case scenario, however, may be a judgment or injunction ordering him to stop that he will violate anyways, and then you have to go back to court to have him held in contempt. If its threatening your livelihood, its worth a chat with a lawyer.
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Oct 7, 2015 02:43
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Hilariously, in Texas that could also be a deceptive trade practice.
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Oct 7, 2015 02:59
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blarzgh posted:You might want to talk to an attorney. In Texas, for example, "Defamation" has damages as an element, however, you can generally find an expert who will testify that you have damages to your professional reputation if he's going after your clients. Good to know. I have a lawyer that I use for other issues, and I'm friends with an insurance lawyer here who might be able to fill me in on the legal definition of defamation in this province even if she can't provide any actual Legal Advice. I think it will be worth a conversation and/or a phone call. I appreciate the advice. Ultimately, I don't know if I've actually suffered damages as a result, but it's certainly possible.
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Oct 7, 2015 03:04
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WhiskeyJuvenile posted:Well, you better bring someone from the DMV competent to testify to that fact to trial then, too! You guys are seriously overestimating the standard of evidence in small claims court. A letter from the insurance company stating what their records indicate is adequate at such a low level court. This isn't a tv murder trial. Anyway, I followed the actually helpful posters' advice and looked him up on google maps and in the property records. He lives in a shithole apartment so I'm going to drop it. The best I could hope for is to get his license revoked as pay back and if the cops wanted to do that they could have gotten off their lazy asses and done it already.
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Oct 7, 2015 12:48
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Leviathan Song posted:The best I could hope for is to get his license revoked as pay back Grand jury by citizen petition?
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Oct 7, 2015 13:14
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joat mon posted:Grand jury by citizen petition? I'm not sure what that is. If you don't pay your judgment and it is a result of a traffic accident the plaintiff can have your drivers license suspended. It's pretty common but if he doesn't have the money, and drove without insurance, he'll just drive without a license too. It's an alternative to garnishments or liens.
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Oct 7, 2015 13:25
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As an aside, Canada has an almost-never-used statute for defamatory libel that was used a few years ago because the owner of a restaurant had a meltdown over a yelp review. http://www.huffingtonpost.ca/2012/11/16/marisol-simoes-jailed_n_2146205.html quote:3. An email, allegedly written by Simoes, was sent from an address with Katz's name on it to 75 of her coworkers. It read, among other things: "Couples, threesomes and group sex. Am especially into transsexuals and transgender (being one myself.) I am a handful in many ways and a tiger in the bedroom. Please message me back if you are interested in a good time!"
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Oct 7, 2015 14:05
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Leviathan Song posted:You guys are seriously overestimating the standard of evidence in small claims court. A letter from the insurance company stating what their records indicate is adequate at such a low level court. This isn't a tv murder trial. Don't give up, I really want to find out whether your perception of the small claims process is more accurate than everyone responding to you here.
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Oct 7, 2015 14:16
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I'm always amazed when it is revealed that Texas has laws.
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Oct 7, 2015 14:23
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euphronius posted:I'm always amazed when it is revealed that Texas has laws. Yeah but they're Texas laws, which is like saying "McDonald's has food," which looks valid at first glance until you realize it's all just ground up cow assholes reconstituted with latex caulk.
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Oct 7, 2015 14:26
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Leviathan Song posted:I'm not sure what that is. If you don't pay your judgment and it is a result of a traffic accident the plaintiff can have your drivers license suspended. It's pretty common but if he doesn't have the money, and drove without insurance, he'll just drive without a license too. It's an alternative to garnishments or liens. Cool, thanks for coming to the legal questions thread then telling the lawyers they don't know anything about laws. Appreciate you stopping by.
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Oct 7, 2015 15:27
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Hot Dog Day #91 posted:Cool, thanks for coming to the legal questions thread then telling the lawyers they don't know anything about laws. Appreciate you stopping by. Is blarzgh a lawyer? Everyone else was giving pretty helpful advice, if a bit sarcastic. His delivery made his advice seem pretty suspect. It sounds a lot like a sovereign citizen type ranting about the law.
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Oct 7, 2015 15:32
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He's a traffic lawyer so no he isn't a lawyer. Good catch.
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Oct 7, 2015 15:34
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He's a lawyer, and his advice was good and correct. Obtaining and collecting judgments isn't easy, although it may sound like it is.
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Oct 7, 2015 15:40
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euphronius posted:He's a traffic lawyer so no he isn't a lawyer. Good catch. I honestly thought the comment about him being a traffic lawyer was sarcastic. Sorry I didn't take his comments about the defendant lying a little more seriously. I believe that I have evidence that proves me right as anyone who has ever talked to a lawyer does. Presenting the case in it's entirety to a local lawyer or judge, with the complete facts available is probably the only thing that would dissuade me of that. You have convinced me that that is not worth the time and money. I really do appreciate the advice about the futility of filing other charges and the pitfalls of garnishment.
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Oct 7, 2015 15:43
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Legal advice thread success story!
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Oct 7, 2015 15:44
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Leviathan Song posted:Is blarzgh a lawyer? Everyone else was giving pretty helpful advice, if a bit sarcastic. His delivery made his advice seem pretty suspect. It sounds a lot like a sovereign citizen type ranting about the law. I love this thread so much.
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Oct 7, 2015 15:58
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