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Posted by 9-11 Was An Inside Job on April 6, 2007, 10:09 pm
Learn how to read sh!t for brains. Read it again over and over until it
sinks in.
Furthermore, you obviously have no experience in the real world or you would
not have to assume and you would already know there aren't going to be any
damages awarded unless it can be shown the old guy hit himself on the head
on purpose to avoid his responsibilities.
As I said -- in general -- the plaintiff can file for peanuts. Any
meaningful expenses are going to be coughed up to pay the blood suckers to
plead before the court so the procedural concerns are explicitly managed. I
didn't want to start soundling like I was giving advice because we live in a
police state with no freedom and no liberty but the son is going to be told
to have his father declared indigent by divesting himself of all personal
property. After proving the father is still of sound mind -- which will
require hiring another blood sucker -- the son can then be appointed as his
father's guardian and file for bankruptcy in his father's behalf.
There's twists and turns but that is the future of this father and son who
have met misfortune.. For example one twist is a federal law that forbids
divesting one's self of all property for any reason when a commerical debt
is incurred. If any projects were in another state than the state where the
father pays taxes there will further complications which will result in
paying a different group of blood suckers.
So why not just shut the ol' pie hole and pay attention?
> wrote:
>> No, the short answer is your father can be sued by anybody that cares to
>> sue
>> at any point in time and for any damn reason. According to your story he
>> can
>> and probably will be sued and he will lose his @ss for not being insured
>> and
>> bonded.
>>
>> In case you don't know there are several types of construction bonds
>> which
>> are sold as a form of insurance. The performance bond guarantees the
>> insurance company will hire somebody to take responsibility for all unmet
>> obligations when a debilitating injury occurs to somebody like your
>> father.
>> Unless your father had a bond he will lose his @ss should anybody choose
>> to
>> sue for non-performance. There is no question about this.
>>
>> Now it probably won't matter if he looses his @ss anyway since he's lost
>> his
>> mind already but what I just told you are the facts of life and I'm sorry
>> to
>> learn about this but one way or another its going to be costly in time
>> and
>> perhaps money to cope with his unmet obligations..
>>
>> If your father is not bonded I urge you to listen to me and at least get
>> started by doing exactly what is being said. Get all of his papers and
>> all
>> records he may have for every job he was involved with over the last
>> couple
>> of years. I mean all paper work he was involved with before becoming
>> injured
>> too. If he gets sued he will need the documentation anyway.
>>
>> Document exactly what happened to him going to the point of printing out
>> helpful articles with pictures or diagrams from the web that explain how
>> his
>> type of injury is serious and so on and so forth. You have to show
>> credibility and prove he is really suffering okay?
>>
>> Meet with each and every customer who has unfinished business and explain
>> to
>> them what is going on. Ask them not to sue and if possible have them put
>> it
>> in writing too. This is going to be very very difficult for you and I
>> wish
>> you the best but again, if he is not bonded a good faith effort is about
>> all
>> you have going for you right now.
>>
>> Generally speaking, there won't be any costs to speak of for a plaintiff
>> to
>> sue. Its the defendant that is burdened with excessive costs when lawyers
>> find out he wasn't bonded as it will be the lawyers that will make sure
>> they
>> get paid first. I mean what the f*ck? You don't get it yet? You're not
>> from
>> the jewnited states or what? We don't have a humane justice system here.
>> What we do have is insurance companies, lawyers and the courts to
>> determine
>> who gets paid.
>>
>> Wake up and get to work. Wish you both well...
>>
>>
>>
>> >> My father is a self employed and sole employee of a small electrical
>> >> installation/repair company in Ohio. Recently he had an accident and
>> >> sustained a serious head injury-one that has impaired his memory. We
>> >> don't know when or if he will recover completely. He is 63 yo and we
>> >> suspect this is a career ending injury. At the time of his accident,
>> >> he had a few contracts for jobs that have either not been started or
>> >> have just started. My question regards the legality of terminating the
>> >> contract before work fulfillment. Can we just walk away from the
>> >> contract without consequences? There isn't any language in the
>> >> contract regarding termination at either of the party's discretion.
>> >> Thanks
>>
>> > The short answer is that he should consult an attorney. Technically,
>> > if whoever had hired him incurs additional expenses because your
>> > father breached the contract, then he is liable for for the additional
>> > expenses. In reality, he or you should just call the parties involved
>> > and tell them what's up--hard to imagine anyone suing for breach of
>> > contract in his circumstances. Especially since the cost of a lawsuit
>> > would likely exceed the damages. Also hard to imagine a judge, jury,
>> > or arbitrator deciding against a brain injured 63 year old. I think
>> > you can rest easy.
>
> assuming he is not a big commercial contractor, the cost of a lawsuit
> will exceed the damages. get real.
>
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