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I have been threatened with legal action including paying court

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costs and damages. I may...
I have been threatened with legal action including paying court costs and damages. I may need to file bankruptcy as a result. Does bankruptcy 'forgive' the awarded damages or am I still liable?


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Country relating to Question: United States
State (if USA): Washington
Submitted: 5 years ago.Category: Legal
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Answered in 7 minutes by:
5/30/2012
Lawyer: TexLaw, Attorney replied 5 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Bankruptcy does not forgive any legally owed damages. However, it does "stay" (ie, halt) all claims from proceeding and prevents a party from suing you in any other court while the bankruptcy is ongoing. If the person with the claim wants to be able to recover on that claim, he has to file it with the bankruptcy court, prove it there, and then get in line with all the other creditors. Depending on the type of Bankruptcy you file, you could have the claim reduced dramatically, or you could have the Court set up a payment plan to allow you to pay out any valid claim over time.

If you have a large amount on the line, then it might be wise to get a bankruptcy attorney to assist you in filing your bankruptcy.

Please let me know if you have further questions.

-Zachary D. Norris
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Customer reply replied 5 years ago

The lawyer I first hired was a new graduate from law school and I have now learned that she should NOT have taken my case and accepted my $7000 down. AFTER she filed my case in district court, the police lawyers moved it to federal court, she then dropped me and I MUST go through with this case as I was wrongly arrested becasue the dispacter told police on duty I had a gun and was going to kill my own daughter. My god, I would never do that and I don't own a gun, am AFRAID of guns. I need to add the dispacher to my lawsuit and am having a difficult time in proper paperwork.

Can I just re-type an :Anednaded Complaint" and add the dispatchers name to it? Do I need to serve her through a processor server or can I hand it to her? To the lawyers that are handling the police side? The lawyer has told me that they WILL sue for damages for their costs and fees for time and monies spent. This is a mess. What do I do? I have been told by other lawyers to drop the suit, but I have to live with this and what it has done to me and my husband. The police are denying that they made me urinate on camera and saying they were justified in putting a gun to my head, calling me Hispanic names, {i am not Hispanic} I am a white 60 year old handicapped female

Sorry to taqke up your time, but what do I do? How do I find a lawyer? Lawyer referral has no lawyers who can try a case in Federal court on file, so they can't give me a name. The good lawyers are all tpp busy with people maimed, comas or dead.

Lawyer: TexLaw, Attorney replied 5 years ago
Your case is hard. You have only a limited amount of time to add the other parties, and unfortunately, a federal complaint is not something that is easy to put together.

I do not honestly think you have time to get the Amended Complaint completed, file it, get a citation issued, and serve it on the new defendants. You cannot serve it yourself, it must be served by a certified process server. It is often an expensive process.

If you have spoken to many attorneys and no one is interested in taking your case, then this might be indicative of the strength of your case, and you should really consider whether it is the wisest decision (and worth the continued stress) to press on in this case (or attempt to add more defendants to the case) when it might not be a winning case.

I cannot truly assess the strength of your case in this forum, and this would only be something a local attorney could do for you.

That being said, there should be a section on your complaint called "Parties" where the defendants who are already in the case are listed. You need to add the new names of the new defendants...as follows:

"Defendant Jane Doe is a resident of ________county and may be served with process by serving her at her regular place of business ________-(address).

"The City of _________ is an incorporated city in the state of _________ and may be served with process by serving the City Attorney at ________(office address).

Then you have to have additional paragraphs which are separately numbered which detail the acts that the new defendants did which were illegal and why they are illegal.

In short, this is really a technical process and is extremely hard to do for a layperson with such short time.

Here is an example of an Amended Complaint.
http://www.scotusblog.com/archives/Schiavo.AmendedComplaint.tro.pdf

I wish you the best of luck. I would continue calling "Plaintiff's" attorneys or "civil rights" attorneys and try to find someone who will take your case. Even if you miss your filing date, it sounds like you have a lot of the parties that are probably responsible for what happened to you.

-Zach
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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