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Question

If I file a writ of summons and a statement of claim with the court, is there still a possibility, that the case can be settled out of court? If the defendant is willing to settle without a judges' ruling?

Submitted: 427 days and 12 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Southbank,B.C., Canada

Already Tried:
I got the advise by one of your experts to file the papers against a big company. I cannot find a lawyer who is willing to take the case without a huge advance. I am thinking of going the way on my own. But I need to know what will happen, once I file the papers with the court.

Posted by Steinlaw 427 days and 11 hours ago.

Info Request

Hi . Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-Could you explain your situation a little more?
-What state are you in?
-What is your case about generally?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

427 days and 11 hours ago.

Reply

We bought a new truck to go to work with in logging and oilfield deliveries, such as hauling logs and transporting pipes and mats to the fields. All of it requires highway-driving in order to deliver to and from. The DOT parked the truck permanently for being too heavy on the steering axle for use on the highway. The truck is illegal on the highway as is. It can't get permitted for higher weight, unless heavy equipment is attached permanently, thus reducing versatility and adding heavy costs to do so. The seller refuses to take responsibility for having built the truck too heavy. After seven months of being grounded,(and us having paid a lawyer $5000 and having a huge loss of income) the seller offers nothing else but selling us another truck and taking the one in question as a used trade-in. It being illegal reduces the value even further and we still have to pay the 250'000 dollar original price to the finance company or even on top of it. We want the dealer to buy the truck back from the finance company, thus releasing us from the contract and reimburse us the payments made to the finance comp. Lawyer agrees but doesn't do anything, except having us stop making payments and now the finace comp. wants to reposess, which is what the seller is waiting for to happen. I consider to go the way myself.

Accepted Answer

It can be settled out of court. However, for this much money, find a new attorney. And look for one who will handle this on a contingency basis. This is the type of case that would be great on a contingency basis.

You can find one at www.avvo.com.

Good luck.

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Expert: Steinlaw
Pos. Feedback: 99.3 %
Accepts: 
Answered: 9/21/2008

Attorney

8+ years as an insurance adjuster, 5+ years as a personal injury and consumer law attorney

427 days and 10 hours ago.

Reply

Sorry for bothering you once more.Are you still on there? Those lawyers at www.avvo.com are all in the States, but I am in British Columbia, Canada

Accepted Answer

Ah. In Canada, try www.solosez411.net or www.martindale.com.

Good luck.

Picture
Expert: Steinlaw
Pos. Feedback: 99.3 %
Accepts: 
Answered: 9/21/2008

Attorney

8+ years as an insurance adjuster, 5+ years as a personal injury and consumer law attorney

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