Okay so have you ever met with situation where someone screws you out of money and you think to yourself, “I’ll sue them.”
But after you settle down reality kicks in – you can’t possibly afford an attorney. Or you find an attorney who down-plays your case to cover his ass. The first thing out of every attorney’s mouth is: “If this goes to court I can’t guarantee you will win.” Believe me I have been there. So I want to offer advice.
First off: People who are going to make money off you lie. <;- Sear this into your brain.
Second: People who lie rarely put things in writing. Some will provide contracts but then they have you sign first, but they themselves never sign. (I’ve seen this trick in construction and employment)
So here is what you do, try to guard yourself against the two items listed above.
Say you have some work that needs to be done at your house. Take a notebook and date and time stamp everything that is said, no matter how trivial you think it may be. Little details will jogged your memory as time passes and it makes your record keeping more believable.
Set up your phone to record conversations. I have a cell only so I am currently looking for a way to do this. ( any apps out there? if not I will develop one)
I remember once I taped a lawyer from a huge firm, who said to me,” we really f*ck up your case.” It didn’t matter that this recording never saw the light of a court room, it was enter into a court doc and filed which made it public record. They dropped all fees right there and then, that is all we wanted.
Just recently a person on the phone asked if they were being taped before saying some very incriminating statements. (note: ANYONE who asks if they are being recorded is about to tell you the truth.) Of coarse I wasn’t taping him, I was ill prepared. If you are taping anyone do not admit it. It may not be admissible in a court of law, but the proof is there and that proof alone will spark a settlement without going to court. If nothing else remember you can always go viral with the tape.
Another tip is ALWAYS have someone with you for discussions if possible. Witnesses are very powerful. Plus they can help you recall details.
Okay, so if you just got screwed, whether you have a lot of proof or just a little proof, take your complaint to small claims court. The courthouse in my town makes this very easy. Your local municipal court should have similar forms and instructions available. If not , use these two docs: 1. instructions 2. claim form, as a reference and make your own. The worst that can happen is the court will correct you and provide guidance. The cost to file a small claim here is 65.00, .05 cents for copies and they will notarize on the spot.
I always remember those sh*tty landlords that wouldn’t refund my rent deposit. I never fought for return of my security deposit. I didn’t know how.
The limit for small claims is thee thousand dollars, that’s way better than nothing. And you will not rack up any lawyer fees. So if you win or lose at least you tried to get you money back.
If you are in a position where you need help regarding family law. Do it your self. Believe me divorce lawyers want to keep you in court and fighting as long as possible. The more you disagree, or the more a lawyer leads you to believe you can get XYZ, the more money that lawyer makes.
The moral of the story, you don’t need a lawyer and you don’t have to take getting screwed.
Fight for yourself, you are the only one who truly cares.
OOPS! ****Forgot this important tip. Make a paper trail that shows you attempted to resolve the matter before you go to court. It always looks good to the judge if you can prove you made an effort to avoid his/her courtroom.
Tip: Stick with facts and stay calm and always be polite in correspondence.
Inspiration: “A lawyer with his briefcase can steal more than a hundred men with guns.” – Don Corleone, in The Godfather – Mario Puzo
One-day one-thing: Organize important documents. This may be a repeat, but with tax time, I have new docs to organize. It’s never stop
There’s something out there that wants to take me down. I swear, I am doing all I can and bad sh*t keeps happening.
This morning, I was on my way to the dog park. I started the engine and I hear a thump, and when I backed out there was a headless bloody creature dead on my driveway. I don’t do well with gore, so a took the poop scooper, shielded my eyes and flung it into the bushes.
A little bloody organ remained stuck to the drive but I couldn’t stomach it. So I left.
On my way home, the AC in the van didn’t work. I thought that was peculiar, but things got worse. Every single service light on the dash was on. Apparently every working part of my car was in distress. Next the radio went silent, and then the car no longer let me know how fast I was going or how much gas I had. All the gauges went dead. Just like the helpless creature on the drive.
I was able to get home but a car was blocking the drive. I parked in the street, and that is where the car took it’s final breath.
This isn’t the only thing not going my way. I have a person who wants to sue me over not buyer their house. I never signed the counter offer, so to me there isn’t an executable contract. This doesn’t stop sue- happy people. This seller refuses to sign the mutual release and the real estate company is holding $1000.00 bucks of my cold cash. Needless to say I am pissed.
I could use that money right now to fix my car problem. ( most likely an alternator $450 -$500)
But hey, things could be worse, and most likely they will get worse.
As long as I am held in limbo, I can not buy a house. House number #3 or #4 is back on the market, we lost it before in multiples. This is a second chance for us to buy it. However I can’t, without being released from the non-contract contract, all because of her
threat promise to sue me. <heavy sigh>
One day: We are going to have our own place and I am going to tell all the fuckers in the world to back the fuck off. People who are mean, nasty and lie. They put all their twisted efforts towards getting something for nothing. They and the people that serve them, the pond scum lawyers, are repulsive human beings.
And that is how I really feel right now.
Tip: Don’t believe anyone. Especially anyone who is in a position to make money off of you.
Tip2: Don’t believe elderly people when they say they don’t remember or when they say they can’t hear you- they are lying.
Inspiration: “Lying is done with words and also with silence.”- Adrienne Rich
One-day one-thing: Get rid of people you can not trust, no ifs, ands, or buts. Just do it.