Help request ....can someone please look this over
- What state does your legal issue spring from? Tennessee
What are the facts of your case? Property Damage vehicle accident, no citations, neither party properly insured, damaged party brings suit under statute that does not apply and provivides deficient proof in support. the claim for damages is based on information submitted that is deficient under a statute that doesn't apply.
What research you have already done on your issue? probably not enough but 18 hour days as long as I could. tried to settle with claimant, copy of police report, TN statutes and civil procedures.
What you are thinking about doing and why? I want to dismiss with prejudice, request damages/award/costs and sanctions against claimant and attorney.
my teenager simply isnt capable of discussing these thigs and scared to death....broke and unemployed...I am trying and hoping that the paperwork stands on its own. I just dont want to file anything that will create or cause chaos or jeopardy. If he possible could be slammed for something I did trying to help...I couldnt live with it and would rather pay the guy and be done
if anyone can offer suggestions or study point, exclusions or additions...I am open
thanks in advance
I cant figure out how to attach this word doc and it looks a little scramble in this post window.....looks good here
GENERAL SESSIONS COURT
COUNTY OF RUTHERFORD
CASE NO: CV-177365
Lars Hall, Claimant v.
Justin M. Allen, Respondent, Counterclaimant
NOTICE: Information supplied by attendants within the Clerks Office, Room 307, suggested this written submission containing motions, orders, requests, acts, defenses, answers and claims is permitted to be added to the court record for review and to be heard as part of the instant case. Furthermore, that no time restraints, restrictions, form, template, format, language, white space, order, nomenclature, standing or lack thereof prohibits or vitiates this submission. "Just write it down and bring it in before Court". Every attempt was made to be accurate, concise and be presented in Good Faith to the best of my knowledge, ability and understanding while providing this submission in a format and structure suitable and appropriate to the court. Additionally, any impropriety may be struck by the court in the interest of Justice and lawfulness or as directed by the court, be corrected for the record and reconsideration.
NOTICE, ANSWER, AFFIRMATIVE DEFENSES, MOTIONS and COUNTERCLAIMS
Date: October 27, 2009 Place: General Sessions of Rutherford County
Now comes, Justin M. Allen, Sui Juris, accepting the oath of this court in and on the record and, not having sufficient knowledge or information to confirm or deny, answers the complaint filed by Claimant, Lars Hall, by the following:
1. Denies liability/claim to named Claimant
2. Denies liability/claim of Claimant's Attorney/Firm
3. Denies the character, amount, calculation and tabulation of amounts
4. Denies legal sufficiency of Claim, the claim for damages is based on information submitted that is deficient under a statute that doesn't apply.
5. Rebuts all presumptions, Reserves all Rights
8.03. Affirmative Defenses...When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, if justice so requires, shall treat the pleading as if there had been a proper designation.
Further the Respondent asserts in Good Faith the following defenses based on a limited and basic understanding of the Claim and Statutes considered and states:
1. Claimant failed to state a claim upon which relief can be granted. The Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Respondent for which relief can be granted.
2. Claimant bases this action on but fails to comply with the requirements of TCA 24-5-114 Repair Bills and relevant sub-sections, on which action is brought. And further, TCA 24-5-114 appears to pertain to service or repair providers and disputes resulting from those repairs between contracted parties. Additionally, this action is brought on the fraudulent or mistaken claim that Repair Bills are attached to, and included with, the Civil Warrant as required in support of this claim.
3. Claimant's action is barred by estoppel, failure to provide valid proof of claim in the form of a True Bill or receipt.
4. Claimant acts in bad faith by attempting to represent estimated projected costs as a True Bill and provides no additional evidence in support of claim.
5. The complaint appears fraudulant or mistaken and voidable even if allegations in complaint are accepted as true thus creating a false and abusive prosecution and deceptive practice. Maxim: fraud vitiates every transaction into which it enters.
6. Respondent claims Lack of Privity as Respondent has never entered into any contractual or debtor/creditor arrangements with the Claimant.
7. Claimant's action is not timely, action of claim and the deficient supporting evidence of damages arise 19 months after alleged incident, and Claimant has continued use of vehicle during this period and has not proven that additional damages have not occurred during that period.
8. Respondent claims that negligence, negligence per se, or the lack thereof, has not been established by Respondent or Claimant.
9. Respondent alleges the granting of the Claimant's demand in the Complaint may result in Unjust Enrichment, as the Claimant would receive more money and award than Claimant is entitled to receive in that a possibility exists Claimant may have already been compensated for any verifiable loss.
10. By permission and continuance of this action granted by this court on August 18, 2009, Respondent, by mediation, has contacted Claimant and through a series of negotiations has made substantial and equitable Good Faith offers in compromise, settlement and accord. As of ___________ no response by Claimant leaves Claimant in dishonor, Respondent rescinds all offers at Respondents discretion.
11. Respondent reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.
COUNTER-CLAIM/CLAIMS and MOTION
8.05. Pleading to Be Concise and Direct -Statutes, Ordinances and Regulations -Consistency. Each averment of a pleading shall be simple, concise and direct. No technical forms of pleading or motions are required.
WHEREFORE, Respondent, based on a limited understanding of the action, the respective statutes and requirements and by determining the action of the Claimant's Counsel and in part, Claimant, knowingly brings the action baseless and absent of a sworn statement, documented evidence or material issues of fact that are required to prove the claim, and if these determinations are correct in any part, Respondent Claims and respectfully asks that:
1. The court enter an order dismissing case# CV-177365 with prejudice,
2. Respondent be awarded the costs of this action,
3. The court enter an order of Summary Judgment and/or Respondent be awarded Damages from Claimant in the symbolic amount of One Dollar payable in a single pre-1932 Liberty Silver US Dollar Coin,
4. The court on it's initiative or compelled by motion, to enter Sanctions and an order of Summary Judgment and/or Respondent be awarded Damages from Claimant's Attorney, Dinah Michael, Esquire, in her personal or professional capacity, the amount of One Thousand Dollars Exactly for abusive, false and malicious prosecution, emotional pain and suffering, abuse of civil process, fraud in the inducement, making a false and deceptive claim, no verifiable loss, fraud on the court and wrongful use of civil proceedings, RE: Dragonetti Act.
5. The court on it's initiative or compelled by motion, to enter Sanctions and an order of Summary Judgment and/or Claimant (Hall) be awarded Damages from Attorney, Dinah Michael, Esquire, in her personal or professional capacity, the amount of Two Thousand Dollars Exactly for including Hall in an action of abusive, false and malicious prosecution, abuse of civil process, fraud in the inducement, making a false and deceptive claim, no verifiable loss, fraud on the court and wrongful use of civil proceedings, RE: Dragonetti Act, as Respondent believes Claimant is also a victim of this fraudulent action.
6. The court on it's initiative or compelled by motion, to enter Sanctions and an order of Summary Judgment and/or Damages and award and direct anonymously from Attorney, Dinah Michael, Esquire, and respective Firm/Bond/Insurance in the amount of Ten Thousand Dollars Exactly for abusive, false and malicious prosecution, abuse of civil process, fraud in the inducement, making a false and deceptive claim, no verifiable loss, fraud on the court and wrongful use of civil proceedings, RE: Dragonetti Act.
Payable by Anonymous Donation to the Non-Profit Organization and disinterested third-party:
Domestic Violence Program, Inc.
P.O. Box 2652
Murfreesboro, TN 37133
7. The court conduct such other and further Sanctions the court considers proper.
8. The court grant such other and further relief the court considers proper.
All/Any Content Void Where Prohibited By Law
Notice to Court: Respondent requests that any erroneous defects or errors be allowed correction for accuracy and lawfulness under the courts recommendation and guidance. A defect or error causing any claim or defense to be determined void does not affect any other section, claim or defense collectively. And, in the interest of Justice, the court may strike, modify or allow to be modified any content herein.
Respondent/Counterclaimant declares, all conclusions and statements are true and factual to the best of my belief and knowledge, or lack thereof, and based on available information and Respondents level of understanding are made in good faith as to accuracy and lawfulness without malice.
"All Rights Reserved"
By:______________________________ Dated __________.
Justin M. Allen
449 East Main Street
Presented to Claimant Lars Hall and Attorney Dinah Michael, Esquire in person on _________________ by_________________________________