I'm American litigation experience, I am not a lawyer. - reprinted
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/Author:
Aaron Lewis
Always wanted to write this experience, even the subject thought, Bo Xilai lady to borrow, called "win in American", Ha ha ha, make fun of.I sincerely write my experience.
First of all, I'm not a lawyer, this article is not professional advice, just chatting for entertainment, I do not assume any Responsibility.You have a legal issue, please consult a professional.Don't ask me.
Carve machine I write this article is often see the class many people obviously hurt, but do not understand the legal system to protect the best in the world since the Oneself.In Chinese I encountered class Similar things, but I wouldn't like USA such operations. Every time on the court, almost do not see Chinese, all black and whites.
Who can use the money to resolve the matter, I will not be angry, will see it as a business, how much, how much return, risk How much less, the probability of success, then make the judgment.
And the judge communication, suit and tie, without emotion, clear understand the story, occasionally a little bit suitable opportunity sensational.Method Officer is not interested in this small case to see you tears, snot out.
Yesterday for the friend in Costco was hit by a car, the ambulance call.I must tell.I wrote this article for him, he Ask me, not how to do?The police not to report how to do?Costco not to do video? I almost want to say, you deserve it!You this kind of person is supposed to be bullied. You see my case, how many have evidence? Usually develop the habit of collecting evidence.There is no evidence can also engage in a lawsuit, but was in front of the judge you said he said, see the judge believed Who.You look like a victim in Western dress and leather shoes Fair, soft spoken clearly, there he rude Molina, you say, phase Who is the possibility of relatively large?Besides, if I were you told Costco.The man was the person directly responsible, some people, even if you Gaoying Now, don't get the money, then don't waste time and money.Costco is indirectly responsible person, the person directly responsible not to find their own Not willing to watch video tapes, then they are responsible for the money. You call the ambulance will not record?Go to the hospital. Your friend has no broken bones or even die, this case is too small, barrister is certainly not connected.To my report.
Have a look at this youtube, small claim court is set up specifically for the small case.You don't need a lawyer can dimension Protect your interests.
Medical accident, accident, car lemon lawyer, you generally don't have to pay the lawyer's fees. Can't win they will b. To win their 3 general points of. So they are sure to win to take. If they don't answer, you are unlikely to win.But you still can tell. In some cases, if you are not right, lost may be sued the attorney's fees, the risk to clear. You must carefully read, and understand the agreement between you and lawyers signed. Don't understand, can ask lawyers in accordance with your spoken, written, in any case can not charge you fees.
In America before, heard a great reputation of McDonald's Coffee burn the old lady, lost 6 millions of news, feel beautiful Judicial really amazing.I was in several European students speak of this, also think American ridiculous, amazing.
This is not, then I will come American, behave yourself, honest work, do what the green card.
Half a year later, here comes trouble.The mother-in-law to visit, rent apartment window had suddenly fell, hit her on the head.Hurriedly Sent to hospital, but no life danger. The doctor also very curious about us Yunnan Baiyao is what, she is Africa is a doctor, is very interested in Chinese herbal medicine, I To explain to her in a pass. After coming home, the landlord had been sent to repair the window, says it is willing to bear the medical expenses.We decided to find a lawyer to ask Ask.Soon the small lawyers willing to take this kind of small lawsuit, lawyers suggested that we see a doctor, we first lawsuit, not Like too black, not quite sure, plus the hurt does not serious, just 2 times to see no see.Finally, settle .We see a doctor to spend $1500.The landlord with $4500, 1500 lawyers took, 1500 To the hospital (hospital, to avoid some), 1500 for my mother-in-law.Then you think, if the medical expenses of 10000 You can lose 30000, estimation.But I have to be honest, not greedy small cheap.Happy, the first lawsuit over.
Next, is not the case, do a green card, and several immigration lawyers, finally found the immigration lawyer is the sales personnel, money Get the case over to the Secretary, the Secretary Office of immigration law, haven't I know well.National interest waiver Don't run down, the advance payment is not back.Immediately wrote a very polite politely threatening letter, dear lawyer, thank you Help, etc., If you don't refund money, I will go to the bar complaint against you.The lawyer will get the money back. The next H1B, green card, citizen, I all do their own, is not in accordance with the instructions to complete it.No lawyer than your fill Well, filled to the correct.
The lawsuit came again, buy a luxury car (according to the settlement, I can't say their name), very love, But in the open 65mph, the steering wheel feels a little vibration, the vibration according to the ordinary vehicle standards , is completely negligible.Let it be a luxury car, expectation is very high. Next, several times, to drive the sudden smell of burning rubber smell.Get dealer to check a few times, did not check at Any problem, I changed back to the new tires, free of charge.The drive shaft has changed.I decided to ask a lawyer.Yes Lemon lawyers are happy to accept my case.Our requirement is to return, I opened 1 years, according to each mile10 Penny count to dealer, dealer, minus the $2000 (open 20000mile) back to us .Dealer lawyers and our lawyers to battle a few back.Also let me to do deposition, I swear, speak The whole truth, accept them.I see is good ah, 2 luxury cars bought their brand, never Looking for their trouble, also has praised their car.But the car really is an exception. Finally, settle, lost 15000, lawyers get 5000, I get 10000 compensation, car reservation, very full Italy. Then one day, I smelled the familiar smell, next to the American colleagues say, oh, skunk.Ha ha ha ha ha ha ha ha ha ha... ..
Then hit a big company, spent a great lawyer fees, miserable, lose money, house, luxury car, there are more valuable, lose The light.The experience is the lawsuit is best not to ask a lawyer, and judge their effect should be better.
Back to the house, moved, the landlord turned deposit buckle, replace the carpet, repair of walls.Also say I owe him hundreds of.I moved In, out, are take Photo, usually every 2 weeks is a company to clean the house, the landlord to the wrong person.Tell him, small claim Court, the first day of the court hearing, specify a mediator, the mediator, the two sides exchanged evidence, the landlord sent a lawyer To.Settle, put the deposit back to me.
The move, to another state, with 10 years of mobile phone company (again, according to the agreement, not to disclose their names), in this A new city, the speed is very slow.Replace ATT.The mobile phone companies have charged me $2000 for early termination Fee.I am looking for several times manager, talk to them, I was their best customers, really can not stand the speed change to a more Your ATT.Some manager are nice, some are rude, but don't give me relief ETF. Tell him, a report, a email to them, their corporate immediately to the phone, this time into my strong, not only The report, I will see you in court.Corporate's nice, before the court session a week, offer and I all free of charge, even the last A month's phone bill for free. This group of people, really cheap.Have a good talk they don't listen, I must tell them.
Housing, the accident happened, crystal lamp above the crystal ball drop, smashed the glass table, and the above fruits computer.No, I didn't. To be the landlord, because we are friends, not to tell him.Asked he has insurance, the insurance claim.The broken glass cut insurance cover The band aid, broken toes to make fun of, the insurance company. This lawsuit is to small claim court, has several times.First, the opposing counsel did not come, the judge sentenced me Automatic win, I am happy.Did not expect the other side lawyer arrived later, said to be the wrong room, asking for the abolition of the judgment, the judge agreed.Yes Lawyers and lawyers association of arbitration, the arbitration results he and I can Agree or disagree, do not agree to pay the $200 cost, then the trial. Such results and I, before reporting the case.
Next, also make a few lawsuit. To eBay, PayPal, being bullied, decided to sue them instead of the bidder. To the dentist, back again, the dentist for money, do not need operation, damage.The lawsuit is too small, no lawyers willing to Then, I will own handle.
Said one side expert played the lawsuit, expert at Harvard, when executives, in Vegas bought a holiday condo.To resort to Open the electric, electric power company 7 days late.Expert told the power company, to delay his management company, the power company settle, lost his 8000 dollars.
Another side expert, America citizen, living in Chinese, orthodontics, in an expensive Chinese hospital.Don't feel good correction, to medicine Hospital.This China lawsuit and America completely different, mainly is the agent relationship, and American citizen teeth than China public People's life is valuable, lost a lot of money.
The 2 expert is know.Say not know a expert.That day to hear NPR Radio, a Honda Insight Hybrid owner in small Claim court told Honda, said mileage did not meet expectations, won 10000 Honda silly, this opened First, is fatal to them. This general case is Class Action, I also participated in the Class Action, told Toshiba, it lost thousands of Million dollars, lawyers make a lot of money, divided To each Toshiba user, only 20 dollars and a coupon. The man in the small claims court Gaoying 10000, opens up a new battlefield.Honda now attaches great importance to this case, in the V, this case is big, I also in tracking.
There are a lot of things, not on the court, is through a formal letter of attorney letter, they yield. Buy a software, called something like home and business lawyer, I used inside the model several times, mainly is for Debt, success rate than the phone. Especially with certified mail to send.
I add some think of details. The evidence exchange, need 30 days before the hearing of evidence exchange.Those photos you have or testimony, or, to give each other a copy. Certified mail, mail Stamp must be 30 days earlier than the date of the hearing.The other person will give you his evidence.China inside the television, playing the lawsuit to the back, suddenly However, come up with killer evidence, the In American is useless, no advance notice to the other party's evidence in court is not acceptable.There is no use of illegally obtained evidence, for example Secretly recording phone calls.
The phone and talk not count, write down it.E-mail or fax, also, the key is in writing or pictures Card.It is also to say, heavy Put in writing.
Non native English speakers speak with an accent, never mind, but speak a little more slowly, to say clear, do not understand please them, not with They say, OK, OK.
Carefully read and understand each other's letter and the notice of the court.
Small claim court costs and rules, slightly different, but not.We state the cost according to your case Amount of money.The general $150 if your case below $1500.The following 200 $3000, $250 5000 of the $300, 10000. Small Claim Court could limit states are also different.Some states limit is 5000, or ten thousand). Specific process is slightly different.Some weeks the first session will send a mediator to mediate, some states of direct trial.
To have a good mentality, can settle to settle.A lawsuit if lost, the other at least can tell you lawyers fees, that is Extortionate price.In general, America judicial system is really very fair, be perfectly logical and reasonable. Some of the rules you may not understand at first, later will understand why, or very reasonable. For example, the illegally obtained evidence is invalid.In Chinese, if there is no court order, the police secretly recorded phone inside the suspect, suspicion The suspect admitted the crime.The police in China is a hero, the court will adopt his evidence.In American is the bear, the court Will throw his illegal evidence.
I had so many people, there is no defendant? Yes. But that case later withdrawal.
Here is the answer a schoolmate's question said, I think it's worth listed here. Some of the students have a bad feeling in the America, It's better to save trouble. I never feel at USA dependent.Because of USA before many American film series, quite beautiful China values.To feel like the Hungarian people say, I'm American, was born in the wrong place americans.
I think the so-called America mainstream life, respect diversity.Respect for all cultures, and do not want you to imitate the white. I try hard to adapt American rules of the game, rather than simply imitate the white so-called mainstream way of life.
Several negotiations, not to court experience. See the classmates to reply, housing disputes more.Talk about their experiences, I have also done the landlord tenant. The principles of negotiation, a stick, a carrot.Ask the person to choose.
1 the office rent, contract of 3 years, 1 years half want to rent, move to another area.In fact, because the business is getting better.I and real Dong said, hope to be able to terminate the contract.The landlord said, he have a try, can not find a new tenant sublease.The market vacant lot, The landlord is very difficult to rent.I continue to pay 2 months rent, can not stand.2 pay 2 rents, for a small company, the burden is too heavy The.You see, I do not want to do the good old, just more or less have their own bottom line. I wrote a letter to the landlord was polite and fax, dear landlord, my business is not good, is considering whether to turn off the company, if you wish To terminate the contract, I'll pay you a month's rent deposit, you also can keep.If you do not want to terminate the contract, then I don't No choice, what all can't afford to pay.I'm very sorry, I also have no way. The landlord.Pay me 2 months, plus the confiscation of deposit, he is willing to terminate the contract. I promise.
2 customers owe me $15000, I looked.The customer does not pay, but said no money to pay me.The so-called Millennium bad, million years without Also.I asked for half a year, or up.Decided to try the debt collection company.A debt collection company cold call, said can help Busy.I asked some questions, such as how much they like royalty, how to operate.Just say thank you, I want to ask the other debt collection company, 3 currencies after the decision by which one. Did not expect that the delivery is very aggressive.Said at the beginning of our conversation, he declared the telephone recording.He just Talk to me, is doing consulting.About half an hour, I owe him $400. I have laughed, I said, I didn't hear you say to record.I don't agree with you to give me advice to charge.Hung up. This man immediately to call me back, I now to your collection, you owe me $400, I will not let you go. I said, Go fuck yourself.Hang up. The man then don't stop calling me.I office customers often call, not take.I told the staff, is this guy I'm not connected.Staff told me, it's him.Don't stop to call me on my mobile phone.I switch off your mobile phone, open.Mad. I collapsed.I had to give.This guy is really dun master. I received his phone, say, OK, buddy, you pass the interview, you can really dun.This business to you. He helped me for a year, please come back.Customers complained to me many times, said this man too hate.I said I'm sorry, gave the money to I you.The customer said did not have the money, the money to me. 1 years after I got the money. Later the company, some want to come back, and some do not, that is a aggressive guy left this company, I again Also No.