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Anonymous #60

Re: Ask a defense attorney [Re: Enlil]
    #19437990 - 01/18/14 01:53 PM (10 years, 11 days ago)

Hey Enlil, this is an off the wall question, but I'd love to hear your honest opinions.

Can a person sue a judge?
If so, would it be easy to find an attorney that would represent a case against a judge?
Have you ever heard of anyone filing a suit against a judge before?

This would have nothing to do with a criminal matter, more of a negligent ruling from a judge.


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Anonymous #60

Re: Ask an attorney [Re: Anonymous #51]
    #19741449 - 03/24/14 03:17 PM (9 years, 10 months ago)

Hey Enlil I hate to bother you, this is probably a stupid question, but Im out of patience with this place and am wondering if I have a leg to stand on....

So back in Sept 13 I took my truck to a garage to have my transmission rebuilt, and while they have my truck I asked them to look it over and see if anything else is wrong, they figure out the ball joints are shot, so I tell them go ahead and replace them. They give me a unlimited miles within a year for the warranty on the parts and labor. They have to take apart the front axle to do the upper and lower ball joints, quite a bit of labor, I get my truck back and about 3 weeks later the axle is leaking, so I take it back and they tell me they ruptured the seal on install and they repuplaced a new one again. About a month later the axle is leaking again, so I take the truck back and they say no worries its just leftover fluid leaking out and will stop. About another month later, still leaking, so I take it back, they tell me no worries its still leftover fluid. So I keep driving my truck and another 4-5 weeks later its still leaking really bad now, I bring it in for the fourth time now and they determine a ball joint is faulty, that's what causing the leak, so they replace it. Here I am another month has gone by and the axle is leaking again. By now I'm fed up with this garage and my patience has run out. I don't want to take my truck back there, I want to go to another garage where my truck will be fixed right the first time. And I don't feel like I should have to pay for it, the garage who can't get it right should have to pick up the bill.

Every time I take my truck in I lose a day or two of work and now my job is in jeopardy because I have to keep taking my truck in.  Do I have a leg to stand on if I take my truck to a different garage and give the first garage the bill? I'll get an attorney if I need to take the garage to court to pay for the bill. Or am I fucked and have to take this on the chin and still pay another garage to do the job right.?
,
I feel like I've been more than patient ans given this garage plenty of opportunity to fix their mistake, they just can't get it right. The axle never leaked before when the ball joints were bad to begin with, the axle never leaked till they worked on the truck. I just don't know what to do and I want my truck fixed like I paid for already.


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Anonymous #60

Re: Ask an attorney [Re: Enlil]
    #19742019 - 03/24/14 05:23 PM (9 years, 10 months ago)

Thank you so much Enlil !

Yeah it sucks about lost wages and I also have to pay to take a cab back home after I drop off my truck and pay again to get a cab to take me back when my truck is ready, but oh well, it is what it is.

I'm going to go with option #1

I hope they get it right this time.

Thanks again


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Anonymous #60

Re: Ask an attorney [Re: Enlil]
    #22307201 - 09/29/15 09:21 AM (8 years, 3 months ago)

So quick question concerning medical mj law in Michigan? At court with my brother yesterday for issue with his kids. His x wife is in court because the state took his kids from her for neglect and they are awarding custody to my brother (the father). But during the hearing the x wife tells the judge the father uses mj. Judge seems to have a real problem with that all of a sudden and shifts focus away from x wife neglect charge to now why does the father use mj and does he have card?  Yes he has his medical card and judge is upset about it, literally pissed the fuck off about that card.  The judge basically stops the hearing tells my brother to hand the medical card to his attorney and bring it to her so she can destroy it and cut it up on the spot!! Then the judge sends my brother downstairs of the courthouse to probation department to piss in a cup to see if there is any other illegal substances in his system and puts the hearing on hold until results come back in a little bit. Of course, he comes back clean with the exception of mj. Now the judge proceeds with the hearing that the children are now wards of the state until the father has gone for substance abuse assessment. His attorney is in complete shock at what just happened and believes the judge over reached her position as medical mj card is allowed by state law and literally has nothing to with x wife's neglect charge and has no bearing on the fathers custody rights or parenting skills.

The attorney explains to us after the hearing that she didn't want to make an issue of it, and is tip toeing around the judge for fear that somehow rocking the boat about the mj card is going to have negative impact on my brothers custodial right to the children.


So what do you think about what the judge did Enlil?  We have to go back to court again in a week and my brother has to take another piss test to prove he has stopped using mj, that the metabolites levels have decreased in his urine.

My brother is doing exactly as his attorney is instructing and stop smoking mj so as not to jeopardize getting custody of his kids.

But yeah, what do you think about how the judge is handling this Enlil? Is that judge violating my brothers civil rights. I myself, have never seen anything so bizarre as to the judges actions. The judge completely shifted her focus from a neglect charge to someone who legally can use mj for a medical condition as per a certified doctor evaluation. Fucking damn crazy .


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Anonymous #60

Re: Ask an attorney [Re: Enlil]
    #22322213 - 10/02/15 05:44 AM (8 years, 3 months ago)

Quote:

Vitalux said:
Quote:

Enlil said:

Whether or not the judge is violating civil rights is kinda irrelevant.

After all, MJ is illegal in every state in this country, so the judge is perfectly reasonable to consider a MJ user to be a criminal and judge him/her accordingly. 

Besides, you can't sue a judge for anything he does on the bench, even if it's illegal.






Not that I am questioning your answer, I appreciate your honest and frank answer.:yesnod:







Yeah, thank you Enlil. Not going to press the issue in court or anything, just trying to get the kids back in my brothers custody is the most important thing. That question was just for my own curiosity.


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Anonymous #60

Re: Ask an attorney [Re: Matt87]
    #22642755 - 12/11/15 02:10 PM (8 years, 1 month ago)

Enlil,
Hey I've been to court and got a tenant evicted off my property, but the tenant has left items/belongings behind. I've tried to contact the x-tenant to get their shit and they won't respond back. Sooo, can I throw their stuff away yet? If not how long do I have to wait and keep trying to contact them. They have been evicted and off the property since October of this year.


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Anonymous #60

Re: Ask an attorney [Re: Anonymous #129]
    #23233363 - 05/16/16 11:57 AM (7 years, 8 months ago)

Quote:

Anonymous said:
I'm married
wife had an affair
got knocked up
moved out

she says she wants my blood

Also, several illegal activities went on while living together, victim-less crimes and all
my house and body is 100% legal free now

Also, she has been stalking me, had to change my number, bank, and all other accounts

I'm just looking to get consistent visitation with my kids i.e. every other weekend

I should be talking to a lawyer in the next week or so
How do I protect myself from her? She is very good at lying
im worried she may use pictures or text messages or really anything to keep my visitation right away
What do I do?




You could be held responsible to pay for that kid, even though your wife cheated.

Now this is for the child you already have (your biological child) -  you're going to end up in family courts, you better get the best lawyer you can afford if you really want to be in your kids life. Family courts are no joke and heavily favor the woman no matter what. Here is a link to an article written by Stephen Baskerville, PhD. I suggest you read it so you know exactly what you're going up against in your custody/visitation battle. http://www.ejfi.org/family/family-66.htm
http://www.ejfi.org/family/family-65.htm#duty

Good luck brother, I hope you can remain a part of your kids life.


Edited by Anonymous (05/16/16 12:31 PM)


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Anonymous #60

Re: Ask an attorney [Re: Enlil]
    #23336411 - 06/12/16 01:32 PM (7 years, 7 months ago)

Quote:

Enlil said:
He can't be charged for perjury unless he's under oath, but he can be disciplined or even be disbarred for being dishonest to a court.  In fact, if a lawyer knows of a binding precedent that goes against the attorney's position, he has a duty to notify the court about it if the other side doesn't.  Failure to do so can result in discipline.




Do you think a bar association would take a complaint seriously and investigate? I've been considering for a long time filling a complaint against my brothers ex-wife wife divorce attorney. That snake mis-represented some things in their divorce to the judge and it's costed a lot of money for me to undo the mess that cock sucker created.

I've just figured it wouldn't be worth it because that divorce attorney would probably just deny fault and say that's what his client told him. I always thought it would be the attorneys job to verify what a client tells them? I know damn well I won't get any money back, that's not why I want to file a complaint. I'd like to report him and hopefully see him disbarred or not be able to practice for awhile. Maybe I could prevent something like what he pulled with my brothers divorce from happening to someone else.


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Anonymous #60

Re: Ask an attorney [Re: Enlil]
    #23391091 - 06/28/16 01:11 PM (7 years, 6 months ago)

Quote:

Enlil said:
Quote:

Anonymous said:
Quote:

Enlil said:
He can't be charged for perjury unless he's under oath, but he can be disciplined or even be disbarred for being dishonest to a court.  In fact, if a lawyer knows of a binding precedent that goes against the attorney's position, he has a duty to notify the court about it if the other side doesn't.  Failure to do so can result in discipline.




Do you think a bar association would take a complaint seriously and investigate? I've been considering for a long time filling a complaint against my brothers ex-wife wife divorce attorney. That snake mis-represented some things in their divorce to the judge and it's costed a lot of money for me to undo the mess that cock sucker created.

I've just figured it wouldn't be worth it because that divorce attorney would probably just deny fault and say that's what his client told him. I always thought it would be the attorneys job to verify what a client tells them? I know damn well I won't get any money back, that's not why I want to file a complaint. I'd like to report him and hopefully see him disbarred or not be able to practice for awhile. Maybe I could prevent something like what he pulled with my brothers divorce from happening to someone else.



That's not likely to be taken very seriously.  The bar takes complaints from clients very seriously, but when you file a complaint against opposing counsel, that's not nearly as important to them.

Sorry it took so long to answer.  I've been in trial for the last week and a half.




Right on. Hey no worries about reply times, I know you're probably busy all the time. Thank you though for answering me.

Another question whenever you have time, I'm fairly confident I can get a small claims judgement in my favor, but it looks like trying to collect on my judgement is quite a pain in the ass. What I'm considering going to court over is around $4200-4400, any chance you would walk me through the process of garnishing someone wages? That's if I get a judgement in my favor, which I believe I can because the x-tennant was bound by a divorce judgement to pay the rent/mortgage on my property and she got 6 months behind and I had to pay it or get my property foreclosed.  I have the divorce judgement and clearly says xXxX is responsible to maintain any and all costs associated with my property, which I'm pretty sure that would include the mortgage payments. I know I'm asking a lot if you'd walk me through the garnishment procedures.


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Anonymous #60

Re: Ask an attorney [Re: Enlil]
    #28611767 - 01/06/24 01:44 PM (21 days, 8 hours ago)

Question for Enlil


I sold my spare/secondary car to my x girlfriend and we made a contract that she would make payments to me for the car on the 1st of each month until  I am paid in full. We both signed the contract. The car is titled in my name and I hold the title until paid  in full to what we agreed

6 payments of $500 for $3000 total


I knew it was going to be a bad idea letting her take the car and make payments, but I did it anyways :facepalm3:


She has already missed the first payment





How long do I have to wait or how much more time do I have to give her before I go to small claims court? I would also be happy if I could take my car back, can I legally do that since she's missed a payment already?


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