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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111659
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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On the case we have been talking about we talked to our

Customer Question

On the case we have been talking about we talked to our Lawyer Yesterday and he told us the Judge had Both Lawyer in chambers and She the Judge as them if they had tried to come to an agreement? And the other lawyer told her his client did not have any money to offer.
Why would the judge not throw a fit for someone tying up the court and knowing they can not pay?
All this has cost up probable as much as 12,000.00 and I just do not understand how something like this can happen over a 70,000.00 bill ?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Maverick replied 4 months ago.

Unfortunately, this happens all day long in our court systems as the defendants use what little money they have to defend themselves in the case and hope that the plaintiff will become weary and give-up after paying tens of thousands in legal fees. The defendant leverages time against the plaintiff because the plaintiff bears the burden to prove his/her case. It would be best if your lawyer could find a way to shift his legal fees to the other-side. Then the dynamics might change. Also, it is wise to do some sort of asset search before even filing suit to get an idea of what the defendants are worth; even if that means spending $500.00 right upfront to hire a private investigator and/or to do background searches.

Customer: replied 4 months ago.
We are the defendant . He sent us a car for a down payment of 25,000.00 then he did not have a title. So when we demaned he pay up he sued us. we counter sued. And he trying to get everything free.
Also we have his car we did the work on and the car he sent for the down payment in storage for around 14mo. How much storage can we get for this. we charged 25.00 a day but some are saying all you can charge for is 90 days.
Expert:  Maverick replied 4 months ago.

I am not finding anything about this 90 days. I will have to let another expert try...

Customer: replied 4 months ago.
This man that owes us the money shipped a car to us from CT. that he never titled in CT. which is Fraud.
Now he got his TN. Lawyer to title it in TN. and in Tn you can not title a car unless you have a residence.
The Lawyer titled it in the man name and Used his po box (the Lawyer Box) Now the Lawyer new it was against the law in Tn to do this so what can he be charged with?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the attorney participated knowingly in a fraud or illegal act they can be disbarred and you need to file a complaint against him with the state bar association office of disciplinary counsel. As far as damages, if the man does not have the money and cannot provide valid title, the court can order valid title be granted to you and can give you a lien against the other party's property for the money damages he owes you.
As far as storage, the law does says:
55-23-103. Fee for storage beyond 60 days -- Consent or notice required.
Persons engaged in the business of towing motor vehicles by wrecker or otherwise and the storing of these motor vehicles for any type of remuneration, whether as the principal business of those persons or as an incidence to the persons' principal business, shall not charge the owner or lienholder of any such motor vehicle a storage fee for a period exceeding twenty one (21) days without the consent of the owner or lienholder, except as provided in § 55-23-104.
55-23-104 was amended to 21 days as the maximum time and after that time you need to give 10 day notice of intent to charge storage beyond 21 days.