louiziana lawyer
#21
louiziana lawyer
I dont believe that people are sue happy, we expect to get what we pay for in a reasonable amount of time. when we dont it might seem that the only way to handle it is to sue.its the companies with the dont give a damn attitude that screws up your mind when your want to tcob.
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i think you missed my point. i wasnt calling anyone sue happy. its a term. i was merely answering the question and suggesting a way to go about it and that he sue if things didnt get done. after he said he really didnt want to but would if he had to. i agree with that, i would seek to sue too... this has drug on too long... but its his call if he wants to proceed. ive been in that predicament several times and had to get lawyers involved to get things done.
unfortunately, there are an increasing # of businesses out there that promise customer service and good products but too often fall short of all their good slogans and mottos...
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i think you missed my point. i wasnt calling anyone sue happy. its a term. i was merely answering the question and suggesting a way to go about it and that he sue if things didnt get done. after he said he really didnt want to but would if he had to. i agree with that, i would seek to sue too... this has drug on too long... but its his call if he wants to proceed. ive been in that predicament several times and had to get lawyers involved to get things done.
unfortunately, there are an increasing # of businesses out there that promise customer service and good products but too often fall short of all their good slogans and mottos...
#23
louiziana lawyer
well i had a talk with the california better buisiness beurrow and was told every state is completely different when it comes to consumer affairs. i was also told that no matter what happened whether i was awarded a judgement or not i would more than likely never see my money ever again if things go bad. they suggested that if the company does not take care of the problem to file complaint with the la bbb and try to gather up a bunch of people who have had problems with cp customs and file a class action lawsuit that way small claims can be avoided. at that point a lean can be put on his home , buisiness, cars motorcycles and dog . then i was told that the internal revenue service would get involved to see if there has been some cooking of the books and why there is no money in the buisiness. Im not worried about any of this becouse lowriderb from the other forum said he was gonna handal it 100%.
#24
louiziana lawyer
Originally posted by: 2BIG2BFAST
well i had a talk with the california better buisiness beurrow and was told every state is completely different when it comes to consumer affairs. i was also told that no matter what happened whether i was awarded a judgement or not i would more than likely never see my money ever again if things go bad. they suggested that if the company does not take care of the problem to file complaint with the la bbb and try to gather up a bunch of people who have had problems with cp customs and file a class action lawsuit that way small claims can be avoided. at that point a lean can be put on his home , buisiness, cars motorcycles and dog . then i was told that the internal revenue service would get involved to see if there has been some cooking of the books and why there is no money in the buisiness. Im not worried about any of this becouse lowriderb from the other forum said he was gonna handal it 100%.
well i had a talk with the california better buisiness beurrow and was told every state is completely different when it comes to consumer affairs. i was also told that no matter what happened whether i was awarded a judgement or not i would more than likely never see my money ever again if things go bad. they suggested that if the company does not take care of the problem to file complaint with the la bbb and try to gather up a bunch of people who have had problems with cp customs and file a class action lawsuit that way small claims can be avoided. at that point a lean can be put on his home , buisiness, cars motorcycles and dog . then i was told that the internal revenue service would get involved to see if there has been some cooking of the books and why there is no money in the buisiness. Im not worried about any of this becouse lowriderb from the other forum said he was gonna handal it 100%.
Can you imagine going through all that trouble over a chassis and $3500? lol Planet Sand is the place to deal with this. That Sandslingers forum seems to have leverage.
I predict you will never see a penny but you will get your chassis and it will be soon.
#26
louiziana lawyer
This is getting a little off of the subject. My experience with legal action to recover damages has led me to conclude the legal system is not there to serve the plaintiff. It is there to serve the lawyers and other members who compromise the legal system.
Without going into boring details I had a claim for better than hundred thousand dollars of back pay, retirement benefits etc. from a former employer. The law firms I contacted agreed that I had a valid claim and they wanted to take the case.
I had to agree to the following:
? If the case settled after they took it and before trial prep they got 40% of the amount recovered
? If the case settled after they did trial prep but before trial they got 45%
? If it went to trial and we won they got 50%
? If my employer appealed the loss then I was to negotiate a new rate with my lawyers. That meant basically that I would pay them for the hours they had already put into it at that point then agree to another 50% if we won the appeal.
All of that didn?t seem too unreasonable until I considered the following:
? Since this would not be compensation for physical injury the entire amount of any recovery would be taxable
? A recovery of $100,00.00 would put me in the top tax bracket
? The Federal tax rate on it would be 38.5%
? The MO tax rate would be 6%
? The total is 44.5% or $44,500.00
? That leaves $55,500.00
? The attorney?s fees are $50,000.00
? The IRS does not consider attorney?s fees in this kind of case to be tax deductible
? Best case scenario for me is $5,500.00 out of $100,000.00
? Worst case is nothing plus actually owing additional attorney?s fees
I went a different route. I got my money plus they agreed to up my monthly retirement for life. I paid no attorney?s fees but I got slammed pretty hard on taxes.
No offense to anyone from Louisiana but the chances of someone from out of state filing a legal action in Louisiana courts against a Louisiana resident and winning are zero.
Without going into boring details I had a claim for better than hundred thousand dollars of back pay, retirement benefits etc. from a former employer. The law firms I contacted agreed that I had a valid claim and they wanted to take the case.
I had to agree to the following:
? If the case settled after they took it and before trial prep they got 40% of the amount recovered
? If the case settled after they did trial prep but before trial they got 45%
? If it went to trial and we won they got 50%
? If my employer appealed the loss then I was to negotiate a new rate with my lawyers. That meant basically that I would pay them for the hours they had already put into it at that point then agree to another 50% if we won the appeal.
All of that didn?t seem too unreasonable until I considered the following:
? Since this would not be compensation for physical injury the entire amount of any recovery would be taxable
? A recovery of $100,00.00 would put me in the top tax bracket
? The Federal tax rate on it would be 38.5%
? The MO tax rate would be 6%
? The total is 44.5% or $44,500.00
? That leaves $55,500.00
? The attorney?s fees are $50,000.00
? The IRS does not consider attorney?s fees in this kind of case to be tax deductible
? Best case scenario for me is $5,500.00 out of $100,000.00
? Worst case is nothing plus actually owing additional attorney?s fees
I went a different route. I got my money plus they agreed to up my monthly retirement for life. I paid no attorney?s fees but I got slammed pretty hard on taxes.
No offense to anyone from Louisiana but the chances of someone from out of state filing a legal action in Louisiana courts against a Louisiana resident and winning are zero.
#27
louiziana lawyer
i am more about you will get what you deserve eventually.if i was to get ffffffff over on this deal sooner or later i would get what was mine. life has a way of biting you in the a$$ on deals like this. you can only get over on a person so many times before its time to pay the piper. if i would have lossed my chassis and my money so be it, but what do you think a person is gonna loose just by word of mouth. how would you like to show up to a race and have people badmouthing you and your buisiness, or even passing out flyers about the dealins that go on. and last but not least i was offered all my money back if i wanted it. you reap what you sowe , and im still trying to figure out where i went so wrong. i kinda thought i was a great guy.[img]i/expressions/face-icon-small-smile.gif[/img]
#29