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Obstruction Of Justice???

Business Law discussions

Obstruction Of Justice???

Postby Delsin » Thu May 15, 2014 7:22 pm

I have an issue with my lender and an outside company.The outside company that I am speaking of was supposed to rehab my house.
The company had set everything up with my lender.
The company had received payment from my lender to get started on my rehab project- the only problems are that the outside company forged my signature to get paid, did not do any work on the property and kept the money.
My lender said that there's nothing that they can do about it-that I need to sue the outside company.
I had asked my lender to send me copies of the documents that were forged by this company.
My lender has not sent any of the documents that I had requested.
Without these documents, I can't sue the outside company or prosecute them for fraud.
My questions are can I just sue the company instead of taking them to small claims? The outside company owes me more than small claims can grant me in court.
My other question is do I have legal recourse against my lender for obstruction of justice for not providing me the paperwork? Finally, How can I prove my case to the courts if I don't have any copies of the paperwork??
Delsin
 
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Obstruction Of Justice???

Postby Foluke » Fri May 16, 2014 2:14 pm

Thank you for your advice, I greatly appreciate it.Another question, can I just file the complaint without an attorney? Also, can I have the defendant pay for my attorney fees if the judge rules in my favor?
Foluke
 
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Obstruction Of Justice???

Postby varik » Tue May 20, 2014 12:44 pm

"I apologize for my ignorance in relation to this matter(never sued before),"No problem. You are wise to ask questions."but the outside company owes me more than $5000 and an additional $5000 in damages. What level of court should I go to(municipal, circuit)?"KS small claims limit is 4000. Anything above that would probably still be in District court but not at the simplified level of small claims."Also, who do I speak with to file a lawsuit against this company?"A lawyer.Probably one that handles contract and/or business law.
varik
 
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Obstruction Of Justice???

Postby Trucker » Wed May 21, 2014 12:39 pm

"Another question, can I just file the complaint without an attorney?"Yes."Also, can I have the defendant pay for my attorney fees if the judge rules in my favor?"Only if your contract with the rehab company says loser pays winner's attorney fees. Otherwise, no.
Trucker
 
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Obstruction Of Justice???

Postby odwulf » Wed May 28, 2014 3:58 am

"Without these files, I can not prosecute the exterior organization"Not true.You may document case and subpoena the documents throughout the breakthrough period."or prosecute them for fraud."that you don't prosecute for scam. You record the forgery/scam towards the authorities. Law enforcement may examine and acquire the files in the bank and choose if the forgery/scam is anything they would like to prosecute.Or you are able to delay on that till your suit is happening and also you have the files and certainly will then change copies to the authorities."may I simply prosecute the organization in the place of getting them to small-claims?"Nicely, modest claims is just a suit only lilke suing in a greater court. But, yes, you prosecute them in whichever degree of court is commensurate using the amount of cash involved."the exterior organization owes me significantly more than small-claims may give me in court. Our additional issue is do I've legitimate recourse against my bank for congestion of justice for not supplying me the paperwork?"No.You'd be helping the lending company a subpoena for that files and also the bank would need to conform or maintain contempt of court."Lastly, how do I show my situation towards the surfaces easily do not have any copies of the paperwork??"you will have copies of the paperwork when you subpoena the paperwork.
odwulf
 
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Obstruction Of Justice???

Postby Donalt » Fri May 30, 2014 2:57 am

"Our bank stated that there is nothing that [it] may do about it"Junk. Nevertheless, the financial institution MIGHT WANT TO do nothing."Without these files, I cannot prosecute the exterior organization"Certain you are able to. That you don't require the files to document the criticism. You document the criticism, then you assist a subpoena about the lender."or prosecute them for fraud."if you should be talking about legal justice, you can not do this whatsoever. Just the nearby area lawyer may do it. YOU ARE ABLE TO, however, record this crime."Our concerns are can I simply prosecute the organization in the place of getting them to modest claims?"whenever you "consider anyone to modest claims," you're suing him/her."the exterior organization owes me significantly more than modest claims can give me in court."then you definitely have to visit a "greater" court."Our additional issue is do I've legitimate recourse against my bank for congestion of justice for not supplying me the paperwork?"it isn't congestion of justice.You want to get you to ultimately an area lawyer ASAP.
Donalt
 
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Obstruction Of Justice???

Postby Emmot » Sun Jun 22, 2014 10:42 pm

I apologize for my ignorance in relation to this matter(never sued before), but the outside company owes me more than $5000 and an additional $5000 in damages.
What level of court should I go to(municipal, circuit)? Also, who do I speak with to file a lawsuit against this company?
Emmot
 
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Joined: Sat Mar 01, 2014 7:38 pm
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