Tuesday, November 27, 2007

Things Change *That* Fast:

No really. They do. BLAM. That fast.

***warning - this post is pretty disjointed since I'm typing as I'm thinking***

I woke up this morning being sued for $4.6 majillion canolis and I'll be going to bed owing zip.

Well, technically, I owe $2,000 paid in $200 monthly installments at 10% interest, secured by our house, and $10,000 due when/if we ever refinance or sell our house (if there's even that for a profit).

That's it.

Today was mediation day between us and the 'plaintiffs', along with their dicklicker San Fran attorney. Lemme tell y'all . . . he was in prime dicklicker mode too.

It was very awkward to meet all these people for the very first time, but you do what'cha gotta do.

It was a very long and draining afternoon.

These people's attorney must have painted a huge financial picture based on smoke and mirrors for the last 3.5 years, but today was his 'come to Jesus' time.

We don't have any money. At all. We never did. My FIL has done well in his life, but his money ain't ours.

This jerk lawyer had done zero research about me or The Mike. If he had, he would have seen that our house mortgage is $168,000 and the market is in the toilet for sellers. If he had, he would have noted that I earn less than $50,000/year and my husband has been unemployed for pretty much half of our married life. Our house is the only 'real' property we own outside of our two vehicles, both of which have zero equity between them.

We'd have to borrow two nickels in order to rub them together. We're so po' we can't even afford the 'or'!!

My husband, our attorney and myself sat at a large table while the other party was sequestered in another room together. They came to the table and sat down with their attorney. The mediator did introductions. Their attorney, decedent's elderly mother, his 36 y.o. daughter and her husband of 11 years, his 38 y.o. son (who was so very angry that you could tell as soon as he sat down) and his wife, then The Mike, my attorney, and ending with me.

They all talked about the decedent a little bit, and then I talked about how sorry I was for their loss (yadayada without getting into details and without discussing 'fault' on the advice of the mediator) and then Mike did the same. Then we were separated again.

Lots of sitting around and wondering what the hell the day was going to bring.

So, the first settlement offer was presented and it was $3,500 and a written apology letter from me, stating full responsibility for the accident. A *public apology* too, whatever the hell that means.

Nope. Not doing it. I didn't cause the crash. I have zero 'guilt' about the accident. I was not the one 'who had been drinking' and I was not the one 'wearing a fake helmet' and I was not the one that decided to pass a vehicle that had their left-turn indicator activated. I also was not the one who had a 'broken headlight at dusk' that day.

Round one was shot down.

I have to say, from almost the beginning, the mediator was very friendly to our party. He was not disrespectful of the other party by any means, but he was VERY clear in his dislike for Mr. Marin County Big Mouth DickLicker Attorney, Esq. and figured out immediately that the attorney was really the problem.

There was alot of sitting around on our end. The mediator spent the majority of the day with the plaintiffs. From what he said, and what he alluded to, he felt they just needed the opportunity to get it all out of their system - have their *day* as it were. He let us know that he explained to them the risk they'd be taking if they really wanted to go to court. He also let us know that he felt we had an excellent chance of winning our case in court.

But there we go again with the 'poor' thing. It cost us $10,000 to get our attorney on retainer. Borrowed money that we are repaying. That we can really not afford to pay back, but we have to because we know it's the right thing to do. To continue this case we would have to come up with another $5,000 to retain expert witnesses and professionals. We don't have it. We're one house payment from foreclosure as it is.

Towards the end of the long afternoon, I asked the mediator if he felt the family would benefit from knowing that I stayed with Mr. XX the whole time and he was never alone. He was given comfort and Someone (even if that someone is hated by everyone) Was With Him. He felt they should hear that and he called us all back together at the table. He spoke and then had me speak. I told them everything from the beginning to the end and as I finished, Mr. Bluffing Ambulance Chaser DickLicker, Esq. interrupted me to ask an obscenely rude and insulting question. Even the mediator jumped to his feet, let alone my attorney. We were asked to go back to our room and I could hear the mediator chewing out their lawyer. As I walked past the wife and son, I told them I was 'sorry' but I so wanted to finish that sentence and say 'that you have that man for your attorney', but for once I didn't 'say it like it is'. It just wasn't necessary. Those poor people got screwed royally when they hired that piece 'o shit.

So when it was all finally hammered out at 5pm, their attorney advised them to demand $12,000 that we don't have and they know we don't have. We made it very clear, via the mediator, that we will be persuing bankruptcy and/or foreclosure on our house.

If we do any of those things, it makes this settlement void.

They get nothing.

For three and 1/2 years, this shyster scmuck fuck has been selling them a bill of fake goods and today they finally saw him for who he is. An ambulance chaser who took them for a ride.

What a long strange fucking day it's been.

1 comment:

Anonymous said...

I hate the friggin legal system. How is it that people can sue with no merit to their case whatsoever???

I'm glad you don't owe 4 million dollars, but the fact you owe anything and had to pay for a lawyer etc makes me ill.