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GraciesMom · 05-13-2009, 07:43 PM

One of my attorneys told me that if I had an umbrella policy, it would cover lawsuits no matter what the origin. I haven't checked into it yet - it might not be the case but I will definitely check into it when I get the next rig.

RVDude · 05-13-2009, 07:51 PM

Those umbrella excess liability policies are about $150/yr for $1m in coverage. Don't leave home without one.

Johnny · 05-16-2009, 11:57 AM

Quote:

Originally Posted by Lorna

I think I would make sure the RV couldn't be moved before I let the jerk get it.

I'd set it on fire.

Johnny · 05-16-2009, 12:00 PM

Quote:

Originally Posted by Jim Stewart

I would just have the SOBs legs broken, but then again, that's the type of Guy I am! In New Mexico, it's not that hard to find someone to do it for you!

I'd do it myself. Well, unless my wife found him first (in which case she'd take him apart piece by piece until he was begging her to kill him).

GraciesMom · 05-20-2009, 03:57 PM

LOL - only in my dreams. Not worth going to jail over.

KIX · 05-20-2009, 05:23 PM

Maybe you should consider legal action against the attorney that advised you to not pay the judgement and just forget about it. Seems like he gave you bad legal advice. Just wondering if he has an Errors and Omissions policy.

GraciesMom · 05-21-2009, 07:21 AM

It's a "he-said, she-said" deal. No proof that he told me that. And he was right about my rig and car being exempt in that state. Unfortunately, I don't live in that state and left the protection it provided.

There are bigger issues at play here - bigger issues that not only affect me but could affect others. Like the Foreign Judgment act in itself. If you are sued in one state, the judgment can be transferred to another state, and the laws of THAT state take precedence. That's not right. If you were sued, lost, and had a judgment filed against you in one state - if another state is going to help collect it, they should be bound to the same laws as in the state where the judgment was levied. PERIOD. What this law does is allow "shopping" for states where the laws favor your case. And as I stated in a previous email, for people who live in their RV's full time, laws must be changed to protect their homes from judgments or tax liens. We've all heard horror stories of how one little goof in your tax returns calls in the wrath of the IRS. Whether it's your goof or your accountant's goof.

Several of the RV associations are working in Texas to get their laws changed. It's a long, arduous process. It should be a nationwide movement. Every state that doesn't honor an RV'ers rights as a homeowner needs to get with the program. Unfortunately, instead of seeing this as a basically economical way to live - especially for retirees - they see this as a luxury lifestyle. Ha!! It honestly never occurred to the judge in New Mexico that people might do this because it's an inexpensive way to live. Never heard of boondocking.

As ridiculous as the lawsuit against me sounds to anyone else, it happens. We live in a litigious society. When someone can sue McDonalds because they were stupid enough to put a cup of coffee between their legs while driving a car and got burned when it spilled . . . when someone can sue Victoria's Secret because one of their thongs cut her rear end (duh!!

). . ANYTHING can happen. Especially in small claims court. You can't have an attorney, time is short, the judges want a quick in-an-out. Oh, if all judges were as tough as Judge Judy! LOL!!

I have a great attorney now - so I'm letting him do the worrying about my case and I'm working on changing the law for everyone.

GraciesMom · 09-08-2009, 07:40 PM

I'm posting to update those of you who have been so gracious in keeping in touch with me and keeping me in your prayers. I found 3 fantastic attorneys in New Mexico - a hearing was FINALLY held in July at which time my attorneys presented evidence of fraud in the California lawsuit against me as well as several violations in procedure by the plaintiff's attorney - such as abuse of process in filing the foreign judgment, not sending motions and other documents to me . . . claiming that he didn't have a valid mailing address or a verifiable email address. Fortunately, I'd saved all of his correspondence and emails to me so we could show that he was flat out lying and in violation of the legal process.

We were granted 30 days to prove fraud in California, so I found an attorney in California who has filed a motion to vacate the judgments based on fraud, res judicata, perjury and that hearing is September 18th. After that, there's an evidentiary hearing in New Mexico on September 30th. Then I will know the fate of my RV.

I have another attorney in New Mexico that is looking into filing a lawsuit against the plaintiff's attorney in New Mexico, and the attorney in California plans to move forward with lawsuits against this psycho that sued me, (whether or not we prevail at getting the RV back), based on fraud, perjury, abuse of process, etc.

Bottom line, the original lawsuit was all based on perjury and fraud, the second lawsuit was the same lawsuit filed in another county which is barred by California law. If he wins, it's because the time limit for an appeal has passed and the court won't/can't look at the res judicata (filing identical suits) issue. So I screwed up big time by not fighting it to start with. IF there is justice, both lawsuits will be thrown out on the basis of fraud and abuse of process, as well as the fact that he's used a foreign court to attach items that were exempt in California . . . which kind of thumbs the legal nose at California law.

But I can't get my hopes up about anything - it's been an insane roller coaster for five months now . . . . and by the time it's over I will have spent more on legal fees than I would have on just getting another RV . . . . but it's the principle of the thing. I have to do everything I can to fight the rat!!!!

In the meantime, he sent me an email, demanding full payment for both lawsuits and threatening me (civil extortion) even though he knew he'd committed fraud in obtaining them. And he informed me that he had all of my personal information and could "hunt me down" wherever I go. Now, if he got my RV therefore "paying" him what he wants, why would he feel it necessary to continue to track me around the country? Because he's nuts, that's why.

The good news is that if I win, he has to forfeit his $15k bond and that will go a long way in paying legal bills! The bad news is, if I win, what's this nutcase capable of doing next??

I would appreciate prayers, thoughts, positive energy, (whatever you do) on September 18th . . . and every day until then for that matter! Can't get enough prayer in my book, right now!!

Jim Stewart · 09-08-2009, 08:50 PM

I have led a mostly good life but just in case, I was saving my best prayers in case I might need them for me. Looks like I can spare a good one for you. You got it!

cowboy2 · 09-08-2009, 09:31 PM

this is the sadist post i have ever read, am a canadian and was just thinking how this would go for us, much worse i suspect ,good luck at your next court case

georgetown350 · 09-09-2009, 08:55 AM

Gracie why and what was this con man suing you for?

GraciesMom · 09-09-2009, 10:10 AM

Georgetown, I sent you a PM.

BigSkyBob · 09-09-2009, 10:49 AM

GM, I fired up my positive energy generator and directed the beam towards you so that might help a little. My prayer group is doing an extra effort on your behalf as well. Good luck in beating down this creep.

RayJayco · 09-09-2009, 02:09 PM

Hey GM,
Unfortunately, the law doesn't mean that it's right or wrong, it just means that it's the law...

Our judicial system, along with most other government aspects, have become so tainted by special interests and greed that it is truly becoming laughable. After all, we are a Republic, governed by our laws, not our people. The downfall is that the laws are written by a few select people and are so vague that the interpretations are limitless...

Sorry to hear of your plight. Wishing you the best and a favorable outcome.
Ken

As a side note, I just noticed that I now have a campfire! WOOT!!!!