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Originally Posted by rockinmommy

Who is "he" and "him"?

Do you own both 2520 & 2502?

Were these people YOUR tenants? Or the tenants of the owner of the neighboring property, and who owns it?

So you're maintaining that she did not get hurt at either property?

Who is your "witness" that they admitted this was a scam?

I'm more confused than ever.......................................

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Who is "he" and "him"? Girl that says she fell through steps husband
Do you own both 2520 & 2502? Yes
Were these people YOUR tenants? Yes

So you're maintaining that she did not get hurt at either property? Yes
Who is your "witness" that they admitted this was a scam? Kid across the street that I got to do some yard work about same age as renter all grew up here in neighborhood
So word get around.


We were talking one day about doing some work in the yard and about the renter there
And some how this step thing came up and I said those people tried to sue me yr ago
Over some step and he said yea that's what he heard. I thought it was all over with so
I did not ask any questions

So what exactly happened with the case a year ago?

They can't sue you for the same thing, so what was the outcome of that case?

Do they have an attorney, or are they just trying to take you to small claims court, or what?

Hello again, dong:

Couple things...

You don't want to take responsibility for something that didn't happen. That's understandable. However, from a legal perspective, let's LOOK at that.

Of course, you don't. But, just because you don't WANT to, doesn't mean that a court won't make you. They certainly MIGHT. You apparently think court is about FAIR. It is NOT. It's about WINNING. You also think the kid who "heard" stuff, is going to be a witness that PROVES this accident DIDN'T happen. It doesn't prove anything. Even if you DO get him to court, the judge won't listen to him. It's "hearsay" evidence, and not admissible in court.

Look, if this is a scam (and it certainly MIGHT be), we want YOU to be protected - NOT HER. You're our client, so to speak, and the stuff we're telling you is designed to help you KEEP your money.

It doesn't matter whether this HAPPENED or not. What for sure IS happening, is that you're being sued. You need to defend yourself.

excon

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Originally Posted by ScottGem

Ok, this makes it a little clearer. But the question is why did you offer to replace the steps? Was it bacause they were damaged or just because they requested it.

This is a key issue. If they just wanted a cosmetic improvement and you can show that you offered and they never followed up, that would help your case.

However, if yhey reported a hazard and you waited on them to fix it, then you would be liable.

If that can't prove the accident happened (medical records), then they will lose.

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But the question is why did you offer to replace the steps?

Before they moved in I offered to build deck in front or back where ever thy wanted
They were there for couple of months so I thought they would be good renters
so was keeping my end of deal and starting the deak 6x12 with rail nice.
the deal was I would pay and he said he had some friend that would build it.
I went to HOme Depot and got plans for the deck and how much lumber and all
we would need and gave the plans and diagram of deck
to him (renter)
He said it did not look real good and want to make changes
so I said fine get back to me. He never did so about month or two
I bought step because what I had wanted to do, replace steps
This one step was a lot less then a whole deck so I was fine with that.
I got step delivered and asked him where he wanted it. I thought he would say back door
for sure because I was still under the impressions I was going to put deck in front.
He said not to put it at back door put it at front door which I thought was strange
at the time now I see why.

They never reported anything about the step. This was all My idea about the deck
and replaceing step

Ok, so the step she allegedly fell through was out the back door, correct?

And are the steps back there still the same steps that were there before, during and after they lived there? Are any of them broken?

And I still want to know what happened with the case a year ago.

Quote:

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Originally Posted by rockinmommy

So what exactly happened with the case a year ago?

They can't sue you for the same thing, so what was the outcome of that case?

Do they have an attorney, or are they just trying to take you to small claims court, or what?

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So what exactly happened with the case a year ago?
I received a letter from their attorney wanting my insurace info
They called around and found out I did not have any so I never heard from t
Hem again 2 1/2yrs ago until I received summons on 26th from different attorney
There was no letter this time just summons.

They can't sue you for the same thing, so what was the outcome of that case?
I never got summons.

Do they have an attorney, or are they just trying to take you to small claims court, or what? Yes they do. Claim is over 15,000 says she can not even work any more

Hello again, dong (oh it's don, sorry)

Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

excon

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Originally Posted by rockinmommy

Ok, so the step she allegedly fell through was out the back door, correct?

And are the steps back there still the same steps that were there before, during and after they lived there? Are any of them broken?

And I still want to know what happened with the case a year ago.

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Ok, so the step she allegedly fell through was out the back door, correct?
Yes next door at rental where they were renters for 5 months 2520
Not where summons says 2502

And are the steps back there still the same steps that were there before, during and after they lived there? NO

Are any of them broken? No new

And I still want to know what happened with the case a year ago
No casr yr ago. 2 1/2 yrs ago when this supposedly happened they got attorney
And the aattorney found out I had no Insurance they did not sue.

Quote:

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Originally Posted by excon

Hello again, dong (oh it's don, sorry)

Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

excon

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I agree with excon. If they get a judgement against you, you could lose one or both of your properties.

If you don't have the cash laying around for an attorney I'd suggest you go get a small equity line of credit at your bank. I guess these properties are paid for - otherwise you'd need insurance on them. (Well, I use the word "need" loosely - this situation proves the need for insurance).

Quote:

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Originally Posted by excon

Hello again, dong (oh it's don, sorry)

Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

excon

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My house is homestead in fl but rental for sure

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Originally Posted by rockinmommy

I agree with excon. If they get a judgement against you, you could lose one or both of your properties.

If you don't have the cash laying around for an attorney I'd suggest you go get a small equity line of credit at your bank. I guess these properties are paid for - otherwise you'd need insurance on them. (Well, I use the word "need" loosely - this situation proves the need for insurance).

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I will try that. Everyone is scaring me to death now.

I thought this scam thing would be obvious but from all this I need an attorneyfor sure.

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Originally Posted by dongiddens

I will try that. Everyone is scaring me to death now.

I thought this scam thing would be obvious but from all this I need an attorneyfor sure.

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Well, hopefully it will be obvious. And a good attorney can make it obvious.

It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

If you had come back and said that those steps are the same ones that were there when they lived there... maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?

What you seem to think is obvious isn't. Sure this may be a scam. They tried once and since you didn't have insurance, that attorney bowed out. Probably because he didn't want to take this to court. Normally something like this would be settled as a nuisance by your insurance company.

But since you had no insurance, it means going to court. So, I'm guessing, they spent the next 2 1/2 years trying to find a shyster to take the case. I'll bet this guy is a real ambulance chaser, but he specializes in personal injury litigation and since he knows up front this is going to co to court, he's prepared.

As I said earlier, all she needs to do is prove she was injured on your property. That may or may not be hard to do. But the attorney probably thinks he can do it.

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Originally Posted by ScottGem

What you seem to think is obvious isn't. Sure this may be a scam. They tried once and since you didn't have insurance, that attorney bowed out. Probably because he didn't want to take this to court. Normally something like this would be settled as a nuisance by your insurance company.

But since you had no insurance, it means going to court. so, I'm guessing, they spent the next 2 1/2 years trying to find a shyster to take the case. I'll bet this guy is a real ambulance chaser, but he specializes in personal injury litigation and since he knows up front this is going to co to court, he's prepared.

As I said earlier, all she needs to do is prove she was injured on your property. That may or may not be hard to do. But the attorney probably thinks he can do it.

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Not defending Attorneys or clients - but some Attorneys will only take "easy" cases and others are more willing to dig in. With no insurance and nothing to seize but assets - and I don't know Florida law - the second Attorney is willing to roll the dice.

I've seen Attorneys pass on cases for one reason or another and have another Attorney come in and win acros the board. Unfortunately, I've seen it go the other way, too.

I've seen Attorneys back up when I find out there's no insurance. I've seen other Attorneys run with the case.

You just never know.

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Originally Posted by rockinmommy

Well, hopefully it will be obvious. And a good attorney can make it obvious.

It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?

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If you had come back and said that those steps are the same ones that were there when they lived there... maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps

The one step in back was broken down like someone fell through it but I couldnot find one drop of blood anywhere and from what he told me about her injuryt to her leg it would be
Impossible for that to have happened like that and no blood. I know no blood is not a defense but it adds to other things to make it clear to me that it is all bogus.
So I had to replace back step and had all ready replaced fronf step.
Steps were old, and old fashion metal frame 2 steps with wood steps.
I wanted to replace them from start.

Quote:

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Originally Posted by dongiddens

If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps

The one step in back was broken down like someone fell thru it but I couldnot find one drop of blood anywhere and from what he told me about her injuryt to her leg it would be
impossable for that to have happened like that and no blood. I know no blood is not a defense but it adds to other things to make it clear to me that it is all bogus.
So I had to replace back step and had all ready replaced fronf step.
Steps were old, and old fashion metal frame 2 steps with wood steps.
I wanted to replace them from start.

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I've already told you blood means nothing to the Courts, to the insurance companies, to the liability investigators, to anyone but you

I was just reading through this. I don't have any legal experience in this area but was curious as to the fact that the girl who was injured was on OP's property 2502(which I am believing to NOT be a rental but his residence) then wouldn't that be trespassing and the OP is not at all liable? Or does that stuff not matter when someone gets hurt?

Again I was just curious. Not sure if this idea might have been overlooked or if it is silly and doesn't matter.

Quote:

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Originally Posted by rockinmommy

Well, hopefully it will be obvious. And a good attorney can make it obvious.

It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?

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"how do you know for sure that she didn't fall through those steps?" How do you know that?
The summons says this all happened at my location 2502, at 2502 I have concrete steps
Been there for 70yrs. Not possible to fall through them so I am going to take pictures
Of my house number 2502 and take picture of concrete steps and show that the steps
At 2502 could not have broken.

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Originally Posted by JudyKayTee

I've already told you blood means nothing to the Courts, to the insurance companies, to the liability investigators, to anyone but you

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I understand that

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Originally Posted by achampio21

I was just reading through this. I don't have any legal experience in this area but was curious as to the fact that the girl who was injured was on OP's property 2502(which I am believing to NOT be a rental but his residence) then wouldn't that be trespassing and the OP is not at all liable? Or does that stuff not matter when someone gets hurt?

Again I was just curious. not sure if this idea might have been overlooked or if it is silly and doesn't matter.

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That's what I am saying , she was not really at my location 2502, that's were I live
But summons say that's what happened, she really was renting from me next door at 2520
And that where it supposedly hapeened in march 06

If she was at my property she was trespassing