Understanding: winning a lawsuit (getting a judgment) vs. getting paid
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- เผยแพร่เมื่อ 2 ธ.ค. 2024
- The purpose of a civil lawsuit to enforce the Form I-864, Affidavit of Support is not to win. The purpose is to recovery financial support that you deserve. While a Court can award money to you in the form a "judgment," securing this victory not the same as actually being paid. After judgment is entered against a defendant, a separate legal process can be needed to collect money from them if they fail to voluntarily pay. Understanding the difference between merely getting a judgment and actually getting paid is one reason that it si very important to pursue voluntary case resolution through settlement whenever a good result can be obtained for a client.
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Greg McLawsen
The Affidavit of Support Lawyer™
Licensed in Washington State
Admitted to: U.S. Supreme Court | Ninth Circuit
F.D.C. for District of Columbia | E.D., N.D., SD. & W.D. Texas
W.D. Washington | E.D. Washington | W.D. Wisconsin
Sound Immigration (www.soundimmigration.com)
113 Cherry St. ECM# 45921 | Seattle, WA 98104-2205
greg@soundimmigration.com | 1-855-809-5115
![The Stages of a Lawsuit [Explained]](http://i.ytimg.com/vi/uexj2QK7hLg/mqdefault.jpg)
I appreciate you making this video. I think also you and people in powerful positions should put energy into fixing this problem of protecting the con artist and criminals. Let's protect the law abiding people. Let's put accountability back and shame. It happened to me.
Anyone can issue a "Constructive Conditional Acceptance" along with an "Affidavit," and provide a "Remedy to Cure the Situation." This involves allowing the opposing party to present their case before a "Sheriff common law jury" to disprove the claim or to settle by paying the amount owed. If we send them three notices before this step and proceed with the "Constructive Conditional Acceptance," it may not reflect well on them in court. A judge is unlikely to view favourably those who disregard a man or woman's claim against them.
Lawyers were invented buy thugs. They are like insurance companies they extort money from you and then when it comes time to pay out they find every loophole there is, this is where the lawyers come in. So you pay every month your insurance premiums on your car and on your property your house and your business and then when it comes time for a claim a legitimate claim. The lawyers find all the loopholes. So all the money that you've been paying in for many years in some cases without making a single claim for let's say 15-20 years. That insurance company was able to invest that money and use that money so they want to keep that money. Lawyers are blood sucking leeches.
Now *that* is an articulate and nuanced criticism of our legal system. Well, done.
~Greg
can i set aside post judgment default order which entered like 10+ years ago without my knowledge and if that happens will "statute of limitation" effectively applies for the case in case if the plaintiff(collection agency) decides to continue with the case ?
I am not giving any advice but:
I think it is possible if judgement cannot be collected you can write it of on your taxes over period of few/many years until the amount from the judgement is satisfied. I think what is needed to do this is just to prof that the defendant cant be collected on (e.g. if he filed bankruptcy, if he does not have high enough income or property to collect upon etc..).
Only if you own a LLC you can claim business loss
I have a multi million default judgment against an assailant who has a trust worth upward of 600m… but he’s disappeared because of another criminal case for burglary and a potential manslaughter charge. We’re trying to get a trustee into court because like I said, that beneficiary is on the run from bench warrants and PIs right now. He and his people have just ignored the civil case to the point where he can’t even appeal it now (the six months have passed) so what do I do? The trust has the money, it’s not a spendthrift trust… we have the judgment and the trust can afford it. What do I do?
Thank you so much.
You're welcome!
Pursuing the collection on the judgment, is this something my attorney can do?
I’m excited that my pro se complaint that was accepted into case in forma pauperis by a US District Judge. And now after the defendant was served by US Marshal, the summons has went unanswered more than 21 days. I am preparing to enter request to enter a default against him (he is a police officer lone defendant in a 42usc1983 claim) so now I’m wondering how I will be able to receive compensation. I had originally requested that the amount be decided through magistrates, but now want to enter a demand for relief. I see that I now need to wait until after the clerk enters default and then apply for default judgement. Should I set a relief amount of my own calculation? Oh boy thank you for your video it’s been very helpful
Can I lien on license or business license?
Thank u for xplain good
Going through this now. Paid for a head stone for my grave and it was never delivered. Now the company closed and I’m trying to get my money back. I have all my paperwork where I paid and emails from them telling me they would send my refund check before they closed. I’ve since talked to the owner and he tells me that he has closed the business and has nothing to do with it anymore. I sent him a registered demand letter with a copy of all my documents. No contact back. Had him served through civil court. They couldn’t find him. I’m at a loss.
If it was a LLC you can’t hold the owner responsible. The LLC probably went bankrupt and you’ll never get your money back.
After I get a winning judgment, what do I file to make them have to pay to where I can seize whatever? Because that’s where I’m at, and that’s what I can’t figure out from anyone and it’s not enough to even pay a lawyer, but they are refusing to pay me back and I have done it all by myself and I won, but now the court will not tell me what it is that I need to file to have the judge give a writ to give to Sheriffs to seize assets from the dealership
Best of luck with that, that sucks. Get in touch with the law society in your area
As long as the judgement is done with the client I’ve copped the judgement without knowing there was gonna be a judgement so that’s illegal. Now they want me to pay money.
Interesting and well explained. However, you didn't touch on the matter of the legal costs involved. That is, fees for filing a claim, etc. and of course one's attorney's fees.
While I know that the costs of launching a civil suit to completion can vary widely, I recently read that the average cost of a civil suit is about $10,000.
It's no wonder that ordinary citizens rarely follow up on their threat to sue when the actual process is fraught with uncertainty. There's the question of whether one will get a favorable judgement, whether that judgement will award the plaintiff to cover their legal costs and as well, whether the plaintiff will be able to collect the funds awarded in the judgement.
Thanks for posting.
Hi, Captain. See below for my seperate video on legal fees in these cases. The plaintiff has the right to recover fees and costs from the defendant per 8 USC 1183a(c). I do virtually all of my work in these lawsuits on contingency, so there is no out-of-pocket charge to the client. Civil filing fees are $402 in federal court, but that can be waived for low-income folks, and is routinely done in these cases. I would never send out a demand letter in one of these cases unless I was prepared to see the litigation through. And I don't know where you saw the $10,000 figure, but fees in these lawsuits range from $15,000 to over $200,000.
~Greg
th-cam.com/video/RyEL7OHkS3Y/w-d-xo.html
I'm in the middle of a fed fraud civil case right now for over $5m. I'm in right now at a tick over $200k in attorney fees and we haven't even reached a settlement conference yet. Prob gonna cost me another $100k to see it all the way through. Price to pay to go after your money.
@@MakingItHappenMWC Interesting. I'd like to read more about it. What court is it filed in and what is the case #.
@@priayief Do u have a PACER account?
just google scott been vs active world holdings. its southeast PA fed court.
Well I was paying attention to everything you were saying in good details,
Well I just opened a small claims case on a friend of mine , i loan her nearly $10,000 little by little in a 2 year span n the transactions are clean and clear so is a text messages that she promised to pay back. It turns out that she lost her job but on that two year span she was paying her parents mortgage . A little advice
what if there is more than one being sued? Do you take each one to civil court or all at once?
Normally we would include all defendants. At most this is typically three people (visa petitioner, joint sponsor, and a household member of the joint sponsor). I've never had a case with more than three defendants. Sometimes we will exclude one f the defendants if they cannot be located.
Greg
I am a Plaintff, Pro Se litigant, I served the attorney, as requested, and he did not respond within thirty days. He responded 5 days late. I filed An affidavit of service and then I filed a default judgment along with other required documents. What motions can he file to contest my default judgment? thanks
Unless you had a written agreement from the attorney to accept service, personal service on the attorney instead of defendant would be improper. If the court does grant a default and default judgment (those are different things), the defendant can ask to have the case reopened if they want an opportunity to defend. Such requests are very liberally granted. -Greg
Yes, but big business needs to do what they say are going to do, and hopefully the judge be disbarred as well for allowing this judgment
Is this the comment section? Or is there a shortage of lawyers?
Is there an attorney that practices in Indiana, I have a slum lord that deceived my family into moving into a house that is full of black mold, the city inspector actually called cps they came and said we are trying to remedy it but now we have to move and this guy wants to sue me. We have pictures from cps and us from we moved in( maybe video also) but hundreds may want to hop on as a class action suit, this guy owns lots of properties and the city is aware of him. Contact me if you think you want to join or represent
I know when harassed,but reason unknown for unusual harassment and gang stalking, winning case for sure paid in full after the case
This is garbled babble
I think documentation and the black box on your car as well as audio a visual recordings which is know you have already won .
Never give up the life GOD gives you!!!!!❤
Keep fighting and protect yourself and wear the armor of GOD!!!!!!!!
What happened if the company goes before the judge and lie to get the judgment, there workmanship is the worst, I paid them up front $3650 to change out 3 septic pipes, and now when I turn on the hot water, I get cold water thats in both bathroom, when you flushed both toilets, you get feces inside the shower floor, that I have to cleaned out ever time, then they wanted me to pay them additional $6000, not going to happened, tell me, they are not going garnished anything, I am disabled veterans, and the government is stating that I need to sued them.
You can make a court order to take away their belongings. I would go for work tools. Can't run a buisness without them?
You need a mic
I can hear him just fine
Bin to divorce court seen it ALL
I am praying that this company be shutdown, because of the poor workmanship they have performed?