08-21-2003, 05:30 PM #1
Am I Screwed...Plz Help!!! Legal probs
Ok here's the situation. About a month and a half ago My girl and I were at a bar. We were sitting amongst friends when a guy walks past my girl and my friends girl and makes a derrogatory statement about their legs. So the problem quickly escalates into a battle of words in which the guy basically calls me out to react,,so I did!! I ended up hitting him once in the right eye/nose area rendering him un-consious. So he ends up pressing charges,,we go to court and I did not bring witnesses (although I had Plenty) because a friend of mine who is a cop said it was only a dis-orderly persons offense,,so being considerate of my friends I didn't want them to waste their time in coming w/ me. I ended up being found guilty and fined 300 and alot of change. Now today I get a letter from his lawyer stating that he is bringing up a civil suit against me and the establishment we were in. What can happen to me????? I have no income,,,no house,,or assets...sO WHAT CAN HE GET FROM ME?
Any suggestions or support would definately be appreciated...Thanks
08-21-2003, 05:40 PM #2
Well if the judgement is in his favor and you have no income, assets, or a home you will end up paying the settlement with your future earnings.
08-21-2003, 05:48 PM #3
But how will they know of my future incoe,,do they monitor me?
08-21-2003, 07:02 PM #4
08-21-2003, 07:29 PM #5
Yeah u can't get blood from a rock but he'll get a judgement and you'll have to pay it back once u get a job.
08-21-2003, 07:35 PM #6
Shit follow him around town and jump his ass in a back alley with a mask. 8) just dont tell anyone... o ya youll feel better 2.
08-21-2003, 08:17 PM #7
That is the MAIN reason why I try not to fight anymore. Its not like the good ole days when you can just sock someone for saying "Hi" to you. Now they can call you a dick, but untill they swing at you, you cant do shit without being sued for their medical bills.
Can you appeal the first ruling and get another trial?
I dont think he can sue you for too much. Medical, time off work, and maybe some pain and suffering. If you didnt break anything then maybe another 500 dollars. I could be wrong
If wages are garnished and it is a HELL OF A LOT of money you might wanna get a job that pays UNDER THE TABLE and dont tell anyone you have a job.
08-21-2003, 08:35 PM #8LORDBLiTZ Guest
After this guy wins in court, file for bankruptcy so he can't take any money from ur job.
08-21-2003, 08:37 PM #9
What about punitive damages...
08-21-2003, 09:12 PM #10Originally Posted by LORDBLiTZ
08-21-2003, 09:23 PM #11
Of course when you show up for trial in civil court, make sure you bring ALL your witnesses this time (the real ones and the made up ones too).
Don't give him an easy pickin', do everything you can to complicate his job. Bring in all sorts of surprise witnesses, "specialists", whatever.
Have your girlfriend counter sue and press criminal charges for verbal abuse and slander, see how he likes that one.
May also want to play the "I let him win and didn't defend myself in crim. court because I felt sorry for the loser your honour, I never thought he'd turn it into this vendetta" card. Make it look like he's persecuting you.
There is always a way to turn a situation like that around and make yourself the "victim".
08-21-2003, 09:29 PM #12Originally Posted by Red Ketchup
08-21-2003, 09:36 PM #13Originally Posted by bigol'legs
08-21-2003, 09:50 PM #14LORDBLiTZ GuestOriginally Posted by BigGreen
08-21-2003, 10:18 PM #15
Having your girlfriend go after the plaintiff for verbal abuse and slander is just a waste of time, in cases like that typically a pattern must be involved. If you wouldn't mind discussing, what went on in criminal court? Did you admit you struck the plaintiff? Did you claim self defense? As far as the civil trial is concerned, if the judgement is in the plaintiffs favor, you are now the judgement debtor. You will either make your payment on the day of court or over time. Filing bankruptcy and attempting to work under the table as some have suggested will only delay the matter. The court will work to help the judgement creditor (plaintiff) collect what is owed to him (although they can't guarantee the debt will be paid). There are many collection methods the judgement creditor can use to get his money.
1. An execution on goods and chattels lets the court try to collect the money owed on a judgement from the debtors bank account or personal property. I believe in NJ the judgement debtor is allowed to keep $1,000 in personal property. Of course if you don't have $1,000 worth of property than this method can't be used to satisfy the creditors judgement.
ADVICE: If I was you and if you own a car get it out of your name as fast as you can. If the creditor can prove a motor vehicle is registered in your name than a court officer can seize it.
2. Bank levy can be used to find out where you have a checking or savings account and a court officer will then collect money from your account.
3. If the creditor does not know where you have a savings or checking account, what personal property you own, or where you work, they may obtain an information subpoena from the Office of the Special Civil Part Clerk. An information subpoena is a court paper containing questions about the debtor's assets.
4. An execution against your wages can be requested if you work in NJ and earn more than $127.50 per week.
5. Another approach for seeking information about a debtor's assets is to file with the court a petition stating the amount due on the judgement. The court issues an order requiring the debtor or any person who has information about the debtor's assets to answer questions concerning these assets at a place and time specified in the court order.
Last edited by sd11; 08-21-2003 at 10:54 PM.
08-21-2003, 10:29 PM #16
first off i would hire a lawyer. im only one week into my civil procedure class so i cant give any real advice as to the outcome. i think he will only get medical bills paid if here were any, attorney fees, and he may include pain and suffering but he will have to prove that he suffered and then to the extent of the suffering will determine the monatery value. i think t would be in the best interest to higher a good lawyer. you will get what you pay for. this is not fact just what i think might happen
08-25-2003, 03:09 PM #17
yeah...let the attorneys handle it bro. They can find ways out of this for you. Chances are, his attorney is working on contigency, whereas he'll get a part of the settlement. They aren't after your money, they are after the bar's money (insurance company). So, your attorney will get with the bar's attorney and take it from there - after all, you are both named in the lawsuit.
Laws are different from state to state regarding garnishing wages, some states have no wage garnishing. Also, in some states, if someone is basically 'calling you out', then you aren't really at fault. It was a mutually agreed upon event that transpired when you hit him in other words. A good attorney will make this go away for you. If his attorney can prove that this is a common thing for you, then you might have to worry about some other things. Anyway, like the bros said above, borrow the money and find a damn good attorney. What an oxymoron "good attorney"!!
Good luck bro,
08-25-2003, 03:17 PM #18
Damn bro, Im sorry for your prob. This isnt going to help at all, but I just dont understand why punk azz, loud mouth people always get the best of ya. You should have broken his damn jaw, that way the biotch couldnt talk to a lawyer or a judge.
08-25-2003, 03:26 PM #19
I recently worked on a similar case that settled for $10K, but that involved a fractured orbital cavity. Unless you fractured a bone, and there is a scar, you will not be at risk for a large judgment. Attorney fees are rarely awarded, and only when litigation is in bad faith. Get an attorney, and see what kind of settlement discussions happen with the bar's insurance company.
08-25-2003, 03:32 PM #20Associate Member
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Last edited by Gearhead007; 09-27-2007 at 07:46 PM.
08-25-2003, 03:33 PM #21
First, sorry that this happened to you. I would second the advice given above of hiring a lawyer. More often then not, civil suits never go to trial because (1) the lawyer for the plaintiff knows the defendant has no money, which means even if there is a judgment, the probability of collecting would be minimal, and that means no money for him/her; and (2) any judge worth his gavel (not a legal concept) will strongly encourage a settlement if for no other reason then to clear his docket.
Next question may be "How can I get a lawyer? I have no funds for that. What do I do?" Your town or county probably has a legal aid society which provides legal representation for people who cannot afford lawyers. Whether it takes a case is purely discretionary so there is no guarantee of representation but at least you have made the effort, which will look good.
Hope this helps. I have to say this is not meant to be legal advice; only an opinion given for the sake of discussion and entertainment.
08-25-2003, 03:35 PM #22
my advice would be to hire an attorney all the way, especially if you are going to civil court, its obvious you've been convicted of the "Battery" from what you wrote already..... (i.e. the fine and court time etc.etc.) SD11 is correct in what he posted, great info. by the way bro.......Bravo.....best of luck to you in this matter
08-25-2003, 11:50 PM #23
Should have brought witnesses and played the self defense card. Since you have been found guilty in criminal court you will likely be found guilty in a civil suit as well. Learn from the experience, what else can you really do? And beating his ass again is not a good idea.
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