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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3617
Experience:  Experienced in both state and federal court.
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WHEREFORE, X on behalf of the association, demands judgment

Customer Question

Does this provide X relief or just the association? WHEREFORE, X on behalf of the association, demands judgment against these Third Party Defendants, jointly and severally, in favor of the Association in an amount equal to the losses and damages directly and proximately caused by the tortious, wrongful and illegal acts of these Third Party Defendants, together with an award of punitive damages, pre-and-post judgment interest, and award to X for attorney fees and costs incurred in bringing these claimindividually and f/t/u/o meaning?

Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good evening. Thanks for requesting me.

TexLawyer :

Since it says "X on behalf of the association," it just provides relief to the association, since the wording indicates that X is only acting as the agent for the association, and not in his individual capacity.

Customer:

why in the world would that be

TexLawyer :

Why would that wording mean that?

Customer:

its a fraud charge ....which was X's main charge

TexLawyer :

I'm sorry, I don't understand what you are asking.

Customer:

The actions of these parties, and each of them, was willful and deliberate, and in
reckless and wanton disregard for the legitimate interests of the Association, the unit
owners of the Condominium, and others, and directly and proximately
caused the Association, the unit owners and others to incur losses and damages, for which
claim is made.
WHEREFORE, X, on behalf of the Association, demands judgment against these
Third Party Defendants, jointly and severally, in favor of the Association in an amount

Customer:

Im X and my attorney is seeking damages from 3rd parties for the association, he gets to collect fees and I get nada ... fraud was my major claim ....

TexLawyer :

OK. Was the association defrauded, or was the fraud directed at you personally?

Customer:

me and you can say the association

Customer:

but i suffered .. we are a building of 4 units ... I'm the only one who's not been on the board

TexLawyer :

Did you or the association suffer the loss from the fraud?

Customer:

so the 3rd parties are the association

TexLawyer :

If you and the association were defrauded and you both suffered a loss, you should both be included in the counterclaim.

Customer:

yes ... i was kept from selling my home twice due to a resale package not having information that could be verified

TexLawyer :

Unless I'm missing something, it really isn't any more complicated than that.

Customer:

ok my lawyer is doing the usual .. nothing ... this will get tossed ... my claims are all about negligent mental this and that .. the meet of our case was pretty much rico lite based .. then he ran out of time and this is what I get

Customer:

equal to the losses and damages directly and proximately caused by the tortious, wrongful
and illegal acts of these Third Party Defendants, together with an award of punitive
damages, pre-and-post judgment interest, and award to X for attorney fees and costs
incurred in bringing these claims, and such further relief as deemed necessary and proper.

TexLawyer :

Yes, that is frustrating. Keep in mind that your lawyer can file an amended petition, even if it is after the deadline.

Customer:

this was the end of it .. the association is named on a few counts as the plaintiff ....

Customer:

yeah but he knows what he's doing ....

Customer:

he's doing as little as possible .. the fraud charge is the most involved

Customer:

for the counterclaim .. it lists two counts ... are those the only responses deemed to challenge the complaint directly .. their are another 7 claims/counts .. but they fall under third party'

TexLawyer :

It may be, but he can still amend it to include you in the counterclaim along with the association. You can tell him to include you. If he won't, you need to find a new lawyer or fire him and proceed on your own.

Customer:

i mean its a tad odd right that fraud of all things would be something he'd be suing for the associations benefit, right?

Customer:

especially when he's not hired by the association .. i believe any settlement for the association would go back to the people who committed the fraud in the first place

TexLawyer :

If you were defrauded as well, yes, it is odd you would not be included in the counterclaim.

Customer:

well i was, the president and treasurer didn't make over ten k in rpairs caused by water damage from their unit ... they took the insuurance proceeds and spent them on a roof issue that wasn't a roof issue .. the president was moving and wanted a warranty .. so instead of me selling he did ... leaving no proceeds... he wanted to sell first due to an issue we both knew about ...he benefited greatly i hired a lawyer to remedy it ... :)

Customer:

we have all of this in detail .. it was obvious fraud and it's missing .... it was the issue that ran through the entire case until a week ago .....i cant believe he pulled this shit ... is a client suppose to catch this shit ? its a bit odd the association is being represented better than me ...

TexLawyer :

I'm not sure what I can tell you other than you have the right to tell him to include you in the counterclaim. If he won't, you will have to find a new lawyer.

TexLawyer :

Everything you are saying suggests you should be part of the counterclaim.

Customer:

X individually and f/t/u/o :
The Condominium Association, Inc. :
1

Washington, DC 20009 :
:
Third Party Plaintiff :
:
Vs. :
:
The Condominium :
Unit Owner’s Association :
:
Washington, DC 20009

Customer:

does this mean anything?

TexLawyer :

That suggests that you and the association are parties to at least some of the claims.

Customer:

it then lists all the third party complainants below

Customer:

i am just not on fraud or misuse of funds

Customer:

ok so its what i expected ... can he sue in the name of the association

TexLawyer :

Yes.

Customer:

one last question

Customer:

he is suing for the Condominiumn Association Inc vs The Condominium :Unit Owners association

Customer:

they are one in the same

TexLawyer :

Often times, they will name both entities just to be sure they covered everything. It is really nothing to be concerned over.

Customer:

you missed this question .. ill tip very well you'vebeen awesomefor the counterclaim .. it lists two counts ... are those the only responses deemed to challenge the complaint directly .. their are another 7 claims/counts .. but they fall under third party'

Customer:

there is not Inc :)

Customer:

Counterclaims two counts numbered 1 and 2 .. then 3rd party 1-7, can 1-7 be used as part of counterclaim, and not just third party

Customer:

that may make more sense

TexLawyer :

If the counterclaim is 1 and 2, and the 3rd party is incorporating 1-7 (which includes 1 and 2), then they are adopting the counterclaim, too. Does that make sense?

Customer:

no

Customer:

it doesnt include 1 and 2

Customer:

1 and 2 are dfferent in both sections

TexLawyer :

Then they aren't including the 3rd party in those claims.

TexLawyer :

I'm not sure I understand your question.

Customer:

counterclaims has its own seciton 1) fiduciary duty 2) Some lien statute from condo docs

Customer:

Under 3rd party numbering starts over 1) duty of care 2) Infliction of blah vblah

TexLawyer :

OK. Consider the counterclaims as a separate suit, but for efficiency, it is heard during the primary suit.

Customer:

so those claims are the only claims were submitting to counter the complaint

TexLawyer :

Yes.

Customer:

and the the other 6 won't and can't be used

Customer:

under 3rd party that is

TexLawyer :

If they are not included in the counterclaim section, not hey are not.

TexLawyer :

Think of them each as separate lawsuits.

Customer:

ok i need a new lawyer this is ridiculous i knew it

Customer:

they should not be

Customer:

especially when no case law supports the counterclaim'

TexLawyer :

Can I do anything else for you?

Customer:

find me a replacement lawyer in DC by tomorrow

TexLawyer :

Wish I could. :)

TexLawyer :

Remember, a new lawyer can always correct all of this by filing an amended complaint.

Customer:

:) thank you you've been great .. the judge usually will give me some time if i have a legitamate claim

TexLawyer :

It depends on the judge.

TexLawyer :

If there isn't anything else I can do for you, please remember to "rate" my answer. Good luck!

Customer:

i can correct them quite honestly ..well if i say my lawyer is incompetent how is that handled ...I guess he can always amend it

Customer:

i will .... thank you .......why would he be asking for legal fees when this is contingency case ... milk the association?

Customer:

:) i think i know the answer and it makes me sick

TexLawyer :

Yea, I think you know the answer...

Customer:

ok well im going to the bar .. he can file his counterclaim .. they supposedly can buy some time for me .... i cant believe what a jackass this guy is ... thank you .. you've been unbelievable

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3617
Experience: Experienced in both state and federal court.
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