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Question

I live in Florida. Is it legal to sue myself? What are the statutes or case law saying that it is not legal to sue myself? The reason I want to know is this: My home is in foreclosure. My mortgage company is CitiMortgage, one of the companies owned by Citi Group, which received "bail out money". According to a July 31, 2009, US Treasury Report, Citi Group received 54 Billion + funds as "bailout". The US Government was given shares of common stock in Citi (as well as promises of future monetary paybacks and interest) in exchange for that bailout. According to CNN Money, July 2009, the US Governemnt now owns 34% of Citi Group, including CitiMortgage, which breaks down to 25 shares of Citi stock for every taxpayer in America. So my question is , "If the Us Government owns a sizeble share of Citi, and I am the government (per our Constitution that states"for the people and by the people), I own a szeble chunk of Citi--How can I sue myself for foreclosure?

Submitted: 17 days and 22 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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State/Country relating to Question: Florida

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Law libraries, "free" consults with a local lawyer who thought it was interesting but didn't know the answer, and other forums across the web

Posted by D. WINOGO ESQ. 17 days and 22 hours ago.

Answer

The government is permitted to sue its citizens. For example, if you owe money in the form of taxes, the IRS can bring both civil and criminal actions against you for unpaid taxes. In every criminal case, the caption of the case is typically "The People of the State of ____ vs. John Doe". Presumably, "John Doe" is one of the "People" of the state.

 

Therefore, if you owe a balance to Citi, then you necessarily owe a balance to the government and hence, you can be sued. Ultimately, Citi is or should be beholden to you and the rest of the tax-paying citizens of the United States so that as a shareholder, you get a return on your investment. If they do not attempt to recoup their investment in a homeowner to whom they have loaned money, then Citi ostensibly could be sued by any such shareholder.

17 days and 21 hours ago.

Reply

So, I owe a balance to myself and can sue myself for that balance? My loan is now to myself. It is not "taxes". If I had homeowners' insurance and fell down and broke my leg, I cannot sue my self for injuries because I am the owner of the policy and would be suing mysef. My insurance agent told me this. What are the statutes/constitutional amendments/case law that say if I own the company, I can sue myself?

Accepted Answer

I don't know if you are familiar with shareholder derivative actions. That is where, in corporate law, a shareholder (who technically is an owner of the corporation) sues the corporation for some malfeasance. And in your insurance example, although you could not sue yourself, you would be able to file a claim for your broken leg against your insurance carrier, and if they denied your claim, you would be able to sue the insurance company. There are no statutes or caselaw stating that you can sue youself, because in this case, there still is a division between you and CitiGroup, as it is two different entities, which is legally permissible.

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Expert: D. WINOGO ESQ.
Pos. Feedback: 98.5 %
Accepts: 
Answered: 11/4/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

17 days and 21 hours ago.

Reply

Thanks so much for answering me, even though it was not the answer that I wanted. I cannot tell you how many attornies that I have spoken to here locally who did not know the answer. They all just said that although it was an interesting question, it was silly to think that I would sue myself.

Posted by D. WINOGO ESQ. 17 days and 21 hours ago.

Info Request

I'm sorry that I was unable to provide you with different information, but it is what it is. It is a difficult system under which we live nowadays, and the government and the corporations are not making things any easier. I wish you the very best of luck in your endeavours moving forward.

17 days and 21 hours ago.

Reply

Thanks anyways!

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