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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss Wrongful use of civil proceedings in the CREDIT AND LEGAL ISSUES forums; I got this from Ripoffreport of all places. They have a link to follow for if you want to sue them.
Rip Off Report:Want To Sue Ripoff Report? Want To ...
05-21-2007, 04:17 AM
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#1 | | Member
Join Date: Jul 2006 Location: SoCal
Posts: 118
Casino Cash: $301609
| Wrongful use of civil proceedings I got this from Ripoffreport of all places. They have a link to follow for if you want to sue them. Rip Off Report:Want To Sue Ripoff Report? Want To Sue ED Magedson Founder Of Rip-off Report? Can I get false reports removed? Information you need to know before filing a lawsuit against Rip off Report or ED Magedson Tempe Arizona Internet First, Rule 11 of the Federal Rules of Civil Procedure, and each state court's rules, generally require that all pleadings, including initial Complaints, must be presented in good faith, after a reasonable investigation into the facts and the law, and not made for an improper purpose such as harassment.
What this means in plain English is that if you file a lawsuit which you know contains false claims, or if you sue without first conducting a reasonable investigation as to the law as it may pertain to the facts of your case ... you and/or your attorney can be subject to serious sanctions at the judge's discretion.
In addition to penalties a judge may issue, those who would threaten us need to be aware of another law which imposes civil liability on anyone who files a frivolous lawsuit. This claim is known as "wrongful use of civil proceedings" and it is defined by § 674 of the Restatement (Second) of Torts as follows:
One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings if:
(a) he acts without probable cause, and primarily for a purpose other than that of securing the proper adjudication of the claim in which the proceedings are based, and
(b) except when they are ex parte, the proceedings have terminated in favor of the person against whom
I've been searching through all the Cali civil procedure links, and can't fine the state equivalent to rule 11, and I can't find an exact defitniton of "Reinsatement of Torts" or where it comes from. |
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05-21-2007, 09:30 AM
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#2 | | HONORED GUEST
Join Date: Jul 2006 Location: Austin-area
Posts: 2,691
Casino Cash: $332200
| Sounds like he wants to huff and puff some people into backing down. IMO, if he truly felt he was doing nothing wrong, then there would be no reason to put common sense information on the site in that format....
__________________ I am not *your* attorney and you are not *my* client. Nothing in this post shall be construed as establishing an attorney-client relationship. Would you rather us tell you what WILL happen or would you rather have rah-rah bull-droppings from someplace else? |
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05-21-2007, 03:17 PM
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#3 | | Elite Member
Join Date: Oct 2006
Posts: 472
Casino Cash: $301150
| It's a form of "I'm not afraid of you" posturing. And "I'm going to make it expensive for you." |
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05-22-2007, 12:01 AM
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#4 | | Member
Join Date: Jul 2006 Location: SoCal
Posts: 118
Casino Cash: $301609
| He's probably tired of getting sued.
I was hoping to find a way to use it against a JDB who filed suit, when they never obtained proper verification. |
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05-22-2007, 02:07 AM
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#5 | | Elite Member
Join Date: May 2007
Posts: 291
Casino Cash: $402300
| Quote:
Originally Posted by BIG TIME He's probably tired of getting sued.
I was hoping to find a way to use it against a JDB who filed suit, when they never obtained proper verification. | NO NO NO!
ur going to argue this one by using the statute of repose on our poor pro-tem without ever using the word "repose"..
then it can be a case study for the rest of us... |
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05-22-2007, 03:41 AM
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#6 | | Member
Join Date: Jul 2006 Location: SoCal
Posts: 118
Casino Cash: $301609
| Huh?
I do plan on using that Supreme Court case about a SOR, but I'm also going to point out that that filing suit before they even tried to get proper verification is oppressive.
I want to use it to get their case dismissed, and try for punitive damages, which is hard to do. |
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