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Hawai'i Underground >> Please HELP! need LOCAL Civil Attorney ASAP
| 12/26/12 5:33 PM | |
Rumblefish
Member Since: 8/5/03 Posts: 14739 |
hey guys-- long story short---I got srved papers...being sued by someone I was involved in a bar altercation with 2 years ago when I lived there. So far-- I've called a few attorneys, and was told they couldnt help me. I even called one that THEY referred me to..no luck. Anyone know anyone? Thanks |
| 12/26/12 6:48 PM | |
FCTV808
51 
Member Since: 10/1/03 Posts: 61083 |
david hayakawa? |
| 12/27/12 2:02 AM | |
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TheAlchemist
4
Member Since: 4/4/03 Posts: 10920 |
Michael Green |
| 12/27/12 4:11 AM | |
JIMMYNAKS
43
Member Since: 9/18/05 Posts: 22417 |
+1 for David Hayakawa |
| 12/27/12 4:17 AM | |
Sgt. Slaphead
14
Member Since: 1/1/01 Posts: 8654 |
7.62x51mm?? |
| 12/28/12 3:24 AM | |
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jjmtg
8
Member Since: 3/30/08 Posts: 1577 |
Rumblefish - hey guys-- How did they serve you? Personal service or certified mail? Personal service you got to appear. Certified mail is different. But lets take each way. Personal service by a professional process server - you go to court and enter general denial to the law suit. That will buy you about one month to hire an attorney. Certified mail - fuck them, you never got shit. Somebody claiming to be you just accepted it with a forged id. In either case, what is the amount requested? If its under $1,500 just pay it. A private civil attorney is going to cost you a $5,000 retainer fee that you will never see again. More like $8,000 - $10,000 by the time its over. Civil attorneys that are good are expensive and you just barely break even. Any attorney that is decent will be able to fight a basic bar fight, if it involved a death or use of your car you might want the best but if its just general damages and pain and suffering, ask for arbitration and drag that bitch out for years. If you don't know the amount being requested just got to Court at the appointed time and ask them on the record what they asking for, under $5,000 you might want to pay it. Anything over that tell them fuck that, you deny any obligations to pay it. If you look like you're an immigrant and you actually speak a foreign language well, make like you have a mental problem and scratch your head and speak the language you know well, they will continue it until they get an interpretor. If you made a statement to police in writing or verbally, it will be used against you in the civil case. If you still need names of attorneys after all of this, let me know and I can dig around. Its not actually my expertise but I can ask around if you give me more details. |
| 12/28/12 5:35 PM | |
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junon
7
Member Since: 11/30/02 Posts: 21078 |
love this guy. |
| 12/28/12 7:07 PM | |
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FCTV808
51
Member Since: 10/1/03 Posts: 61089 |
this is why you needed to kill him and destroy the body. thank you |
| 12/29/12 2:28 PM | |
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Rumblefish
Member Since: 8/5/03 Posts: 14741 |
jjmtg -Rumblefish - hey guys-- thanks, Fren. I'm living back in Florida now. They served me through certified mail. I contacted an attorney on the island-- and was bounced to 3 diff ones before I talked to one that was actually willing to help me. He suggested I contact my Homeowners Insurance company, as they should/might provide legal services. I've contacted them, and they ar eon it (for now). She said she needs to verify that this will be covered, based upon the specifics of the case,w hich they are gathering, but she already contacted the prosecuting atty in Hawaii. **** HERES THE KICKER-- the papers did NOT specify an amount they are suing for. Just listed pain, suffering, mental anguish, blah blah blah. Anf the are suing me AND the bar it happened in. The bar sent back their rebuttal papers (or whatever theyre called) claiming their lack of responsibility in all this, and pointing all fingers at me. The attorney I spoke with said this is common, and tht a lot of times the plaintiff is really after the bar, because they have deeper pockets. PLUS- if I was hammered, and they kept serving me, and didnt provide adequate security...yada yada yada. Will keep yall posted. |
| 12/29/12 2:29 PM | |
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Rumblefish
Member Since: 8/5/03 Posts: 14742 |
FCTV808 - this is why you needed to kill him and destroy the body. about 4 huge Samoan Gorilla Bouncers prevented me from doing so, as they bounced my head on the floor, fren. |
| 12/29/12 2:30 PM | |
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Rumblefish
Member Since: 8/5/03 Posts: 14743 |
Sgt. Slaphead - 7.62x51mm?? bingo |
| 12/29/12 5:18 PM | |
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fake808sports
Member Since: 12/20/12 Posts: 0 |
First Post. Having experienced the same situation I agree with the "you might want to pay" if it is <1500. A retainer can run you anywhere between 2000-8000. Thats a lot of money to eat and you might not even win. If your job situation or occupation is affected then it might be worth to fight. |
| 12/29/12 8:01 PM | |
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FCTV808
51
Member Since: 10/1/03 Posts: 61100 |
welcome to the hg fake808sports! it's been a while since we got a new poster. |
| 12/30/12 3:17 AM | |
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jjmtg
8
Member Since: 3/30/08 Posts: 1579 |
RF, Sounds like you are dealing with two different type of cases. Civil and Criminal. Civil: Civil I am not the best to ask about but again, if you got a attorney, the best thing to do is let the attorney handle it. But the first rule of law is to deny until you die. Meaning unless its a good deal, the longer you delay the better the deal you get. Let the attorney enter general denial to all obligations/liabilities and hash out a settlement for you that may include dropping the criminal charges. Criminal: Same as above, deny. Fuck them. Ask for jury trial. Unless you get a sweetheart deal. You could always do a plea by mail and request a Deferred Acceptance of Nolo Contendere Plea. Basically, a Deferred Acceptance of Nolo Contendere Plea means you enter a plea of no contest (nolo contendere) but it is Deferred or put off for a time period between one day and one year for misdemeanors (assault III) or five years for felonies. The Deferral pretty much means that if you comply with orders of the Court then at the end of the supervision time period (one year/five years) you would have one last court hearing and the Court (Judge) will dismiss the crimina charge against you and a year later you can apply at the Hawaii Criminal Justice Data Center to expunge the crime from your record. You would then get a letter from the Attorney General saying that you can legally say you have no criminal record. Keep the thread alive with more info when possible. |
| 1/2/13 11:59 AM | |
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Rumblefish
Member Since: 8/5/03 Posts: 14748 |
jjmtg-- the CRIMINAL case was dealt with back at that time. I went to court, it was reduced to a midemeanor of Harrassment. I paid the fine to the state of Hawaii. and that was it. THIS is the civil case from the other party involved.. |
| 1/2/13 12:14 PM | |
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FCTV808
51
Member Since: 10/1/03 Posts: 61124 |
sounds like that fucker needs more money for his meth habit. wheretf is dog when you need him? |
| 1/2/13 12:35 PM | |
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jjmtg
8
Member Since: 3/30/08 Posts: 1580 |
Rumblefish - jjmtg-- Gotcha, Well, let the attorneys sort it out. Not sure if this applies in all cases but most cases I see like this seems that your conviction in the Harassment case means you pretty much have a uphill road with the civil. By pleading to the criminal case you pretty much gave the civil case all in needs to prove liability on your part, regardless of the reduction in charge. Thats why most attorneys will plea no contest but ask for the Deferral so it wouldn't be able to be used in a civil case because there is no adjudication of the case. The no contest plea was just put off but not entered as a guilt to the charge. If the criminal case is on your criminal record no matter how reduced it is it can be used for the civil case to prove liability. Trouble the civil side is going to have is the "collection" of whatever award they actually receive. I mean you are in Florida, so long as they don't know where you work or live you should be ok. If you get another driver's license or car register it to a po box and never sign for certified mail after the award is ordered. But again if the amount is small you always go back to is it cheaper to pay it than deal with it type of thing. On the plus side, if the bar drags it out then bonus. But if they settle or go bankrupt then the civil side can focus all their attention on you which sucks. If you get a free attorney for any reason just hear them out and make sure this is the last time you hear from the claimant. |
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