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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27092
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I have a woman who sued my 18 year old daughter in small claims

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I have a woman who sued my 18 year old daughter in small claims and won for an accident that she was involved in with her in 2012. It was my daughters fault. She took my vehicle to go to school, no driver's license and my insurance did not cover it. I paid for the damage to my car and had to pay the ladies insurance company back for loss and damages to her car and several fines. After paying many thousands of dollars out, the woman decides to take my [now 19yr old] daughter for more money in small claims and ultimately won a $5,700 settlement. My daughter is a full time college student now, no job, no money and lives at home. The woman has filed to suspend the license of my daughter and demanded she pay in full. She has no money. So, my daughter agreed to $50 per month until she can get the rest paid. The woman again, denied it and did a full background check on my wife and I and all of our history and assets and is demanding that [we] can afford it and is pressing the courts to force us to pay up for our [adult] daughter.
This sounds like a clear case of extortion from this woman. In my opinion; the woman should have filed a lawsuit against my wife and I when our daughter was a minor. Now, as an adult, our daughter is responsible for her affairs, although we do support her while she's in school.
The cruel intentions of this woman are calculated and aggressive and she is typical of many in her culture that know the system and sue at a moments notice. Coming after my wife with written words to the court seems unlawful and immoral.
fyi: The woman has enlisted the help of a local Latin legal aid counselor who is assisting her in her every move. At this point; we are waiting to see if the judge is going to see my daughter and hopefully, make a payment arrangement stick, but, is there anything I can do now to sue her for trying to extort my wife and I? Please help. Jim
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Unfortunately, you can't sue her for this but it is unlikely she can recover from you and your wife at this point.

Dwayne B. :

While she may have been able to sue you in the lawsuit against your daughter, at this point she wouldn't be allowed to bring another suit based on the same facts as the original case and, in addition, since your daughter took the car without your permission you wouldn't be likely to be held responsible anyway.

Dwayne B. :

Since you weren't sued in the original case there is no way to impute that judgment onto you adn yoru wife. That would be a due process violation.

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer:

My daughter has file a form S105 with the court asking for the judge to hear the case again so the court can make the determination of the monthly payment agreements.

Dwayne B. :

I'm here.

Customer:

Since she has filed this submittal, it's taken quite some time to get a response from the court. The woman responded already and again asking the judge NOT to accept payments but, to receive payments in full. Is there any way to get information from the court if there will be a hearing soon?

Customer:

Welcome back.

Dwayne B. :

She can call the court coordinator and see if there is a setting or when she can expect one, that's the most effective way to find out.

Dwayne B. :

The woman is kind of hurting herself because if the judge doesn't allow payments there is realy no way to collect it all at one time.

Customer:

I figured that was the case. The "800" number they have for the courts is a joke. You get put into the grinder of recording after recording. Is there a simpler way?

Dwayne B. :

No, the court will have a number, you may want to go to this site and see if a direct number is XXXXX You have to register to access the data but they don't spam you or sell your info and there is no charge.

Dwayne B. :

Many court don't list direct numbers any more. She could also just go to the court and ask.

Customer:

Okay. Thank you, Dwayne.

Dwayne B. :

But it works to her advantage not to have a hearing set. The longer she waits the more chance something happens.

Dwayne B. :

And you're very welcomee.

Dwayne B. :

welcome.

Customer:

I realize it does however, my daughters drivers' license is suspended now because this woman filed for it.

Dwayne B. :

Ah. She can get a lawyer and apply for an occupational license. That will allow her to go to wor, school, etc.

Customer:

So, I'll need a lawyer to file this?

Dwayne B. :

Did you not have insurance on the vehicle or just not have her insured?

Customer:

I do have insurance and she was not licensed at all. So, they didn't cover her.

Dwayne B. :

I'm not sure that the license suspension counts in that situation. I've never done the research, but I seem to recall something about it not applying if they are a minor or if the vehicle is insured and she just wasn't a covered driver.

Dwayne B. :

You may want to challenge that through the appeal process.

Customer:

Can you help us apply for an occupational license for her?

Dwayne B. :

Without being able to do that then a lot of the woman's leverage no longer exists.

Customer:

I agree.

Dwayne B. :

Have you discussed this with a local lawyer yet?

Customer:

Not yet

Dwayne B. :

You may want to invest the time. Most lawyers won't charge just to talk with you about this, I never did, and it may pay off.

Customer:

Thank you, XXXXX XXXXX type of attorney should I be looking for on this?

Dwayne B. :

Look for one who does Civil Litigation. You can find one at www.lawyers.com.

Customer:

Thanks again. I'll go to that website now and find one. Can you give me an idea of how much this should be? I know everyone is different but, anything helps.

Dwayne B. :

If it is just an appeal to the state probably $500-1000, but CA is more expensive than most states and it could be more or less.

Customer:

You were very helpful and I know you've given me a bit of solace tonight. I appreciate it.

Dwayne B. :

Great, glad to be of assistance. Anything else before I exit to help others?

Customer:

Not yet

Customer:

Not yet.

Customer:

Sorry. Hit send too many times.

Dwayne B. :

Not yet, in that you don't have anything else or not yet as in don't exit yet?

Customer:

Sorry. Did it again. I'm done. We're done. And, thank you again for your help. You were sure worth it.

Dwayne B. :

You're very welcome and best wishes to you and your daughter (and spouse). Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

Done!

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27092
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 9 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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