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What Do I Do If My Insurance Company Hires An Attorney?
My House Was Burglarized And Vandalized And After Sending In My List Of Contents They Agreed To Pay For Them And Now They Have Decided To Hire An Attorney. Please Help I Dnt Know What To Do. They Say They Want Us To Go Under Oath Again. Are They Trying To Get Out Of Paying?
EVERY insurance company has STAFF attorneys. They just do.
They didn't "decide to hire an attorney". They've ALWAYS had an attorney on staff.
If they're asking for an examination under oath, it's because they suspect you of committing fraud. If you don't cooperate, they don't have to pay the claim.
Attorney Spelled My Name Wrong On Legal Documents ?
I Received "Notice Of Trial" Documents From Plaintiff's Attorney. They Spelled My Name Wrong. Is This Big Deal? Does Court Go By Case Number?
Nobody does any research. <sigh>
Took me all of 3 minutes to find this:
"The Supreme Court held in Grannis v. Ordean (1914) 234 US 385 at 395, that "even in names, due process of law does not require ideal accuracy. In the spelling and pronunciation of proper names there are no generally accepted standards, and the well-established doctrine of idem sonans...is recognition of this." In that case, a person with the unusual name of Albert Gilfuss ignored the delivery of a summons and court pleadings against "Albert Gilfuss" (presumably typed in all-caps) and the default judgment against him was binding. A similar ruling on a misspelling on an indictment in Faust v. US (1896) 163 US 452. "
I Am Being Taken To Small Claims Court, Where Can I Do Legal Research Online?
I Own A Mail Store And Am Being Taken To Small Claims Court For $300. The Claim Is So Small I Am Not Looking To Hire A Lawyer But In The Justice And Grand Scheme Of Things I Wish To Prove Myself. The Claim Is Over A Damaged Shipment Insured By Fed Ex. Fed Ex Will Not Honor The Insurance Claim So The Customer Has Now Taken My Business To Court. I Don'T Wish To Give To Many Details On The Situation But Am Hoping To Find Some Way To Track Down Similar Cases Such As Mine In Order To Show A Precedent. I Am Also Having A Hard Time Finding Laws That Protect Me As Shipper. If Anyone Can Point Me In The Right Direction It Would Be Well Appreciated.
to protect yourself in the future tell them that they must buy insurance on the item when shipped or you are not responsible for damage in the mails. Doesn't Fed Ex have insurance connected with it? UPS covers $100 per package I believe so you can ship UPS. If she was offered insurance on the package and didn't select it, then you may hve that argument in court.
If you stated taht you are not responsible for damages in the mail, then you have that arguemnt.
Is taking back the damaged item and replacing with a new item an option for you? The person should be required to bring the item to court with her/him.
As to reaearch you might go to consumer rights on the internet. I assume she paid $300 for the item and that is not some kind of penalty because she lost something else because she didn't get that in a timely fashion. I think you can beat that if it is the case as you sent the package in a timely way and it was the Fed Ex who messed up. You could possible bring in the Fed Ex as your own counter suit as part of the small claims claiming that if there is anything you owe, it is owed by Fed Ex and not you (if there was insurance on it).
With the US mail I odn't think they cover any isnurance unless it is purchased. You could use that as your own argument that it was the mails that messed up not you and she could have purchased insurance. But ff you didn't offer that option or you have a refund policy, you may be stuck to replacing it.
You could go to a court law library and see about researching a case there There are books that have cases in them but they arne't always easy to research. You an try your state and the law -- like Michigan consumer law or Michigan postal liability or whatever you can think of to try. You might be able to go to a law school and see about whether you can research fromt heir law library. I can't think of the name of the books but you lok up an index with whatever words you can thnk of to search and then you go to the cases to read the decisons and why and then you can look up to see if there were any that were overturned, etc.
There are on line places to do that Lexus.com and another one but I can't remember what they are now. It has been a long time and I didn't practice law so much as quasi law with a union. I hated the research part when it came to the fine tuning up as to overturned cases, etc.
It could be consumer law in your state. Postal damage might be a place to try. Good luck to you.
This is not a legal opinion
Legal Advice For A Bench Trial?
So, I Have A Debt Collection Company That Has Taken Me To Court For Outstanfing Credit Card Debt. At The Initial Hearing, I Disputed The Amount Owed As It Was Significantly Higher Than Even The Limit Of The Credit Card. I Now Have A Bench Trial Scheduled. Do I Have A Legitimate Claim To Defend Or Should I Not Have Opted For A Trial? And Is There Any Advice I Should Follow In Seeking Leniency?
If you have not consulted an attorney, nothing else matters much.
I work in courts which hear cases on credit card debt. Frequently, the amount owed is significantly higher than the limit on the card. And the judgment will include attorney's fees and court costs and post-judgment interest. So you could have had a card with a $5,000 limit. Adding late fees and penalties, the debt at time of trial may be $7,500 or more. Add another $250 or so for court costs and another $2,500 or more for attorney's fees. You are now looking at over $10,000 plus post-judgment interest, plus added attorney's fees and court costs for post-judgment collection efforts.
Consult your attorney.
Leniency may be related to punishment in criminal cases. The court may have no option when the plaintiff proves what you owe.
If you have a substantial amount to offer the plaintiff, you could negotiate a settlement. For instance, if you owe $7,500, you could, perhaps, negotiate a dismissal of the case based on immediate cash payment of only $3,000 or so.
Rent Security Law In Nj?
Hello, I Want To Know When Did Rent Security Law Start? I Believe In The Late 1990S. My Question Is I Have Been Living In An Apt Bldg (Passaic County, Nj) Since 1978, Am I Still Entitled To My Security Plus Interest Since '78 Or When The Law Was Passed Or Am I Even Entitled To Interest Being This Was Before The Law Passed? I Have Never Received A Statement Of Where My Security Is.
The Security Deposit Law applies to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units, irrespective of when the contract began. Therefore, you will be entitled to interest exactly as the law dictates. Here is the full text of the update: http://www.nj.gov/dca/divisions/codes/pu...
What Are The Legal Rights Of A 13 Year Old Girl In New York? Things That You Have Contol Over Your Parents.
At 13 you are basically under your parents thumb. As long as you are a minor (under 18) they control you not you control them. The only thing that you might have a right to a decision on would be if your parents were divorced- the court might let you decide which parent to live with, but it would still have to be in your best interest. How about FORGET control & learn COMPROMISE on both sides. Why not talk to your parents about whatever it is that you want to control. Who knows maybe they will listen & if all of you could give a little bit on some issues it might work out for everyone, then there would be a happy ending. (but do it very calmly, & respectfully) you will be able to hold thier attention longer if you have all your "ducks in a row" meaning - before you confront them make a list of all the positive & negative things about the subject & try to have a good answer for the negative ones. STRESS THE POSITIVE as much as you can!!!!