View Full Version : Court Today - Sean vs. B!@#$
SexyLxy
05-22-2008, 09:49 AM
As you might know Seans 04 Cobra go nailed in the parking lot back in Feb. (I can't find the thread). So today is court. I have shipped him off with all our evidence and proof to nail this lady. I will keep you updated throughout the day when I hear anything from Sean, but he was requried to be there at 8am and it's 8:51am. We should be hearing soon if the other party showed her pretty little face but on the bright side I got to take the cobra to work today as we don't need to get a ticket for not front plate while it would sit all day in the court parking lot. Yeah we've heard stories on that one.....
More to come!
CorruptCulture
05-22-2008, 10:32 AM
I hope he rapes her. Both metaphorically and literally.
:idhitit:
SexyLxy
05-22-2008, 11:05 AM
9:54AM - Ok, Sean just called and said that he is on his way home. The lady did show up (all the way from SD) and the judge looked at the pictures and basically in short said I'm going to have to review this is more detail and get back to you via mail in a few days which is standard procedure.
When Sean presented his evidence (packet-o-crap that i made for him) the judge looked at the pictures and the other lady came back with well that isn't the same color on my car. The judge looked again and was like (are you kidding)...that is the same color. The judge then asked well where did the damage come from. The lady stated that she talked to her husband and he said he hit a tree. The judge then came back with "well then how do you explain the paint transfer on your car?"
What else did he tell me. Sean will be on later to update what I have missed.
Um, the lady didn't drive the vehicle involved in the loss to court but an SUV (gas guzzler...that alone is a zing for gas and she probably had to get up at the ass crack fo dawn to get her at 8am).
Oh, our notorized witness statement will come in handy b/c Miss Jessica heard her admit fault after the loss and the judge was taking a long look at the statement. The judge did question our demand fees a little bit but after further explaination she understood. If we get 500-1000 out of this we'll call it a day.
The other lady did question the height at which the damages were at and said they don't match up. Sean came back with, well went to measure another stock Lexus and we have pictures to prove it that they do match up.
I think we totally got her but for what amount is still unk....We'll just have to wait and see. I'm so stoked that the B!@#$ got what she deserved AND if we win her insurance will still have to pay for our damages AND her premiums will go up. YAYAYAYAYAYAYAYAYA! What goes around COME AROUND bitches!
Back to dealing with more accidents like this one. :)
johnadams11
05-22-2008, 12:46 PM
I'm pretty sure the judge will side with you. However, I doubt it's going to be the full amount you were asking for.
The notarized statement really helped.
Too bad she just didn't show up. At least you ruined her day, lol.
enkeivette
05-22-2008, 01:17 PM
Yeah she's toast. What did you ask for other than the premium?
johnadams11
05-22-2008, 01:28 PM
This is something else they asked for... I'm a private investigator, and I charge $500 to investigate most accidents. Typically, it's recoverable by the party if you prevail and if you explain why you needed an investigator. For example, the other party gave you bad or inaccurate information at the scene of the accident. Or, your friend or regular process server was unable to find them to serve the lawsuit.
A private investigator can really help any case. You never know who you are dealing with. All of this information can be used in court or before the proceeding to influence a quick settlement. We do the following:
1. Run the subject's driving record. Do they have any tickets or accidents?
2. Run the subject's vehicle. Do you need to add a second name to your lawsuit? You do if the registered owner is different. This also helps identify if there's a lien holder on the vehicle. (If not, you can attach to the vehicle if they don't pay the final judgment. It's sold at auction and you get the proceeds.) Also, we identify unpaid parking violations. The vehicle can be towed if we find it parked on the street and it has more than 5 violations outstanding.
3. Background check on the subject. Where do they live? How long have they lived there? Do they own the property or rent? Have they been involved in criminal activity? (DUI, drugs, or a history of bad judgment helps your case) Do they have a history of alcohol or drug abuse? What type of work do they do? (We can serve their manager at work, that counts as a legal service. This also helps when we are later trying to collect on an unpaid judgment)
4. Detailed background check. (This costs extra) In person visits of neighbors, family, friends for detailed information about their driving history, personal history, financial standing. Once the message gets back to them that a detective is looking into them, they might start taking a settlement seriously.
5. Surveillance. (This costs extra) Do they claim they were injured? We will conduct surveillance on the subject. Watching from a surveillance vehicle, disguised as an ordinary car or van, all movements of the subject are monitored. The subject will have no idea any of this is going on, while he plays sports, does repairs around the house, or is doing a daily workout routine. This not only eliminates his injury claim, but may even send the subject to JAIL for a false insurance claim.
CorruptCulture
05-22-2008, 02:15 PM
This is something else they asked for... I'm a private investigator, and I charge $500 to investigate most accidents. Typically, it's recoverable by the party if you prevail and if you explain why you needed an investigator. For example, the other party gave you bad or inaccurate information at the scene of the accident. Or, your friend or regular process server was unable to find them to serve the lawsuit.
A private investigator can really help any case. You never know who you are dealing with. All of this information can be used in court or before the proceeding to influence a quick settlement. We do the following:
1. Run the subject's driving record. Do they have any tickets or accidents?
2. Run the subject's vehicle. Do you need to add a second name to your lawsuit? You do if the registered owner is different. This also helps identify if there's a lien holder on the vehicle. (If not, you can attach to the vehicle if they don't pay the final judgment. It's sold at auction and you get the proceeds.) Also, we identify unpaid parking violations. The vehicle can be towed if we find it parked on the street and it has more than 5 violations outstanding.
3. Background check on the subject. Where do they live? How long have they lived there? Do they own the property or rent? Have they been involved in criminal activity? (DUI, drugs, or a history of bad judgment helps your case) Do they have a history of alcohol or drug abuse? What type of work do they do? (We can serve their manager at work, that counts as a legal service. This also helps when we are later trying to collect on an unpaid judgment)
4. Detailed background check. (This costs extra) In person visits of neighbors, family, friends for detailed information about their driving history, personal history, financial standing. Once the message gets back to them that a detective is looking into them, they might start taking a settlement seriously.
5. Surveillance. (This costs extra) Do they claim they were injured? We will conduct surveillance on the subject. Watching from a surveillance vehicle, disguised as an ordinary car or van, all movements of the subject are monitored. The subject will have no idea any of this is going on, while he plays sports, does repairs around the house, or is doing a daily workout routine. This not only eliminates his injury claim, but may even send the subject to JAIL for a false insurance claim.
Sounds like a dream job of mine.
Do you do all of your investigation in legal ways? I could probably find all the information that you just named, just in illegal ways involving computers. You probably have connections huh?
johnadams11
05-22-2008, 03:00 PM
Sounds like a dream job of mine.
Do you do all of your investigation in legal ways? I could probably find all the information that you just named, just in illegal ways involving computers. You probably have connections huh?
Everything we do is legal. It's also the best job I've ever had.
PI's get access to DMV for specific reasons. We have multiple reasons authorized, including the investigation of anticipated court actions.
PI's also have access to commercially available background data. The information is compiled from credit reports, utility companies, mail orders, magazine subscriptions, and hundres of other sources into a single database that I cannot name.
Getting access to DMV data without authorization is a felony.
motochi
05-22-2008, 03:24 PM
Rock on! Stupid lying B&^%$ got what she deserved! I laughing my ass off spitefully at her!:laugh:
Vettezuki
05-22-2008, 04:58 PM
Rock on! Stupid lying B&^%$ got what she deserved! I laughing my ass off spitefully at her!:laugh:
That's going to cost you some Karma points. . . which I really don't think you can afford right now. :nutkick:
keithc
05-22-2008, 10:21 PM
Awesome, I'm glad you guys got her for it. Too bad we didn't get to use some of our creativity though...
SexyLxy
05-27-2008, 10:58 AM
Hello All,
Ok so I just called the courts and the lady read me the judges remarks (and mentioned that the notice has not been sent out yet).
They have awarded Plunkett the full amount + $550. I questioned the lady and asked is that $5.50 or $550. She said $550. Then I questioned what that was for? She said it still has to be reveiwed by the clerk but we are totally confused. We only took her to court for $1924.24. She couldn't answer our question as to what it was for so we'll have to wait and see if it says in more detail later.
So, if all is correct we are in good shape and have totally made our point.
I'll keep you up to date when we get our notice in the mail.
Leedom
05-27-2008, 11:07 AM
Karma is a bitch. I am just waiting for people to have it come around on them. Not talking about anyone in particular, or am I? Glad you guys won and got a little extra for your troubles as well!!
SexyLxy
05-27-2008, 11:19 AM
We'll have to wait and see on the "extra." I don't know what it is for yet. :)
bgn8711
05-27-2008, 11:37 AM
...If you guys infact win an extra $550 it is only fair that it go back into the cobra as new sticky tires or pullies and a tune :bigthumbsup:. It will be that much funnier when Sean runs 14's.....:laugh:. All kidding aside congrats bitch got what she deserved.
Brian
johnadams11
05-27-2008, 12:05 PM
It's probably the full amount ($1924.24), plus the cost listed on the proof of service. The fee for the proof of service was $500, and the court's filing fee was $50.
Hopefully that's what your judgment says. She has 30 days to pay from the MAILING DATE of the judgment, then we suspend her driver's license. In California, licenses can be suspended at the plaintiff's request in car accident cases where the judgment is not paid.
SexyLxy
05-27-2008, 12:25 PM
But the proof of service and court fees were all included in our demand. I don't know, so confused.
johnadams11
05-27-2008, 12:29 PM
But the proof of service and court fees were all included in our demand. I don't know, so confused.
The judgment is the only thing you can actually enforce. Nothing matters until you see that.
I had a court case at the same courthouse. I have a copy of the minutes that actually say "full judgement for me + costs". It turns out, the minutes were later modified to say "half judgement for me + no costs", and then the judgment was mailed out. I thought I had won my entire case for a week, but the judgment that came in the mail said otherwise. The court explained it as a clerical error that was later adjusted, then the judgment was mailed out.
If that's not what happened to you, the "process service costs" and the "investigation costs" were paid to you seperately, so you may be making $1000 for your investigator's work.
Wait until you see the judgment in the mail.
SexyLxy
05-27-2008, 01:27 PM
Whoot whoot if so - Yeah we'll just have to wait and see - I'm not counting my chickens until they are hatched. :)
CorruptCulture
05-27-2008, 03:32 PM
I'm glad you guys took her to the cleaners. Would have been way cheaper had she cowboyed-up and taken responsibility.
motochi
05-27-2008, 04:56 PM
It's the "I'm a lying sack" penalty.
SexyLxy
06-02-2008, 01:27 PM
Sean rec'd the letter and it's the full amount plust $550. We're calling that the pain in the ass fee. Now comes the fun part. Waiting for the money....tick tock tick tock.
Vettezuki
06-02-2008, 01:34 PM
Sean rec'd the letter and it's the full amount plust $550. We're calling that the pain in the ass fee. Not comes the fun part. Waiting for the money....tick tock tick tock.
Keep in mind the resources you have available. johnadams11 said:
. . . . She has 30 days to pay from the MAILING DATE of the judgment, then we suspend her driver's license. In California, licenses can be suspended at the plaintiff's request in car accident cases where the judgment is not paid.
enkeivette
06-02-2008, 02:05 PM
...If you guys infact win an extra $550 it is only fair that it go back into the cobra as new sticky tires or pullies and a tune :bigthumbsup:. It will be that much funnier when Sean runs 14's.....:laugh:. All kidding aside congrats bitch got what she deserved.
Brian
:iagree:
SexyLxy
06-02-2008, 03:22 PM
:iagree:
Yes Sean already has mental plans......I agree with him but not in the order of his plan. Yes the money is all his, as this has been all about his car.
This is the SEAN plan:
Pullies, Subframe, repaint of the mis-matched rocker panel
This is the ALEXIS plan:
Pullies, tune, tires
(later xmas time, subframe, and paint)
Who knows I could be smoking something but it makes sense if you are going to put on the pullies that you might want to get traction. I said if you aren't going to race at the track then go your route but if you are going race, you need tires.
Any thoughts?
Vettezuki
06-02-2008, 03:57 PM
Yes Sean already has mental plans......I agree with him but not in the order of his plan. Yes the money is all his, as this has been all about his car.
This is the SEAN plan:
Pullies, Subframe, repaint of the mis-matched rocker panel
This is the ALEXIS plan:
Pullies, tune, tires
(later xmas time, subframe, and paint)
Who knows I could be smoking something but it makes sense if you are going to put on the pullies that you might want to get traction. I said if you aren't going to race at the track then go your route but if you are going race, you need tires.
Any thoughts?
As for performance mods for the strip, bar none, the best first thing is a set of DRs. It's cheaper than all that other stuff and will put him into the 12s . . . well, it'd put most Cobra drivers into the 12s. :smack: Then pullies, then subframe. So I agree to the Alexis plan. Unlike tearing an engine apart, where you want to get as much done at one time as possible, there's no inherent requirement to do these things all at once. I'd just do them piece by piece, get used to them and record the improvements as each new item is added. Could be educational. :thumbs_up:
enkeivette
06-02-2008, 09:33 PM
I'm all for the subframe connectors, especially before you run DRs. But if you're going to add weight Sean, you need to junk even more weight to offset the difference. I'd probably get the pulley first. And personally, I wouldn't spend any money on tires unless I needed them. But then again, I'm not really into drag racing like Sean and Ben. I'm only interested in street performance. I'd take a set of 305 street tires over DRs any day.
Leedom
06-02-2008, 09:48 PM
I am going to agree with Alexis' plan. DRs first to hook up beacuse if any of you have seen Sean lanching it is pathetic (Sean will probably be able to talk $hit after my first day on saturday). Then go pullies and tune next. What good it power if you can't hook it up. Sub frames would be nice too when $$ comes. I do not understand why these cars did not come with them in the first place?! Machs and the Bullets have them stock!?
SexyLxy
06-05-2008, 12:09 PM
Ok, so I got this 858 area code phone call about 5 minutes ago while at my desk. I hesitantly picked it up and answered. Long behold it was Farmers Insurance Jeanette speaking.
She informed me that she got a copy of the court judgment hearing and needed to know if it was ok to send over a release to sign off on issuing the payment. I was totally confused. I thought for sure Farmers was not going to take care of the damages for her and she was going to have to pay out of pocket. So I provided my fax number so and so on and then questioned if Farmers was actually going to be cutting the check. According the Jeanette, her answer was yes. I also advised her that the court judgment didn’t include any damages that Mercury paid out and should be seeing a subrogation demand or arbitration paperwork shortly. She was unaware that the judgment didn’t include anything that Mercury paid out and thanked me for informing her so that it wouldn’t look like we were double dipping.
This might work out better for us. The check would be coming from a corporation (secure check) and we at least have someone to contact regarding the check status. We don’t have to play the guessing game if she is actually going to pay, no pay, or appeal.
Sean was slightly bummed that she wasn't going to have to pay the amount out of her pocket but once he realized that the accident is now going to be considered chargeable or her fault and her rates are going to increase, he couldn't have been more happy.
I’ll keep you posted on when/if the check arrives.
Leedom
06-05-2008, 12:49 PM
That is so great. Love karma.
johnadams11
06-18-2008, 12:56 PM
So where's the money? :sm_laughing::sm_laughing:
SeanPlunk
06-18-2008, 01:38 PM
So where's the money? :sm_laughing::sm_laughing:
The insurance company sucks ass, but said they finally but the check this morning - 15 days after I sent the authorization.
johnadams11
06-18-2008, 01:42 PM
Probably has to go for a signature now... if you haven't received the check by 30 days from the mailing date of the judgment, lets file to suspend that lady's drivers license.
SeanPlunk
06-20-2008, 05:18 PM
We finally got the checks today. I guess the whole thing is over :bigthumbsup: Even though my paint is far from ideal, I guess I got free pulleys and subframe connectors out of it.
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