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    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
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    #1

    Jan 14, 2010, 02:43 PM
    I want to file a lawsuit on my own, without an Attorney
    I want to file a lawsuit against JP Morgan on my own, without an Attorney. What would be the first step in the filing process?

    I would also like to add that this incident occurred in August of 2006, where one of their employee's stole $40,000.00 from my account and hide the matter for 5 months, and this has since cost me immeasurably more, including my home.

    I have credible witnesses, copies of the documents (cashier's checks) and the Office of the Comptroller of the Currency completed their investigation last year, and did not side with JP Morgan, but encouraged me to file a civil suit. However, I am financially unable to hire an Attorney. So I would like to begin the filing process on my own.

    The investigation by the OCC (Dept. of the Treasury) began in 2007, and was completed in April 2008, at which time I was hospitalized. I forgot to mention that one of the witnesses just happens to be the Banking Officer that witnessed the fraudulent transaction. He's no longer with the company, and is in no way affiliated.. . At all, and I have made contact with him.

    So now, I'm seeking the assistance of my resourceful friends from AskMe.com. God Bless Each of You, "B"
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 14, 2010, 03:43 PM

    Going against a big company with high price attorneys on staff, without an attorney,

    Sorry but chances of winning are slim to none, they would bury you in motions that you would have no idea how to respond, and when you failed go for dismissal of case.

    If it is a higher dollar, and against a larger company, find an attorney who will do it and add his fees to the law suit, most likely you can find one of you have a good case
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jan 14, 2010, 04:07 PM

    Hello again, bg:

    I don't know about suing them. I DO know your accounts are insured against fraud by the SIPC. Maybe they can help.

    The Securities Investor Protection Corporation either acts as trustee or works with an independent court-appointed trustee in a missing asset case to recover funds. The statute that created SIPC provides that customers of a failed brokerage firm receive all non-negotiable securities that are already registered in their names or in the process of being registered. All other so-called "street name" securities are distributed on a pro rata basis. At the same time, funds from the SIPC reserve are available to satisfy the remaining claims of each customer up to a maximum of $500,000. This figure includes a maximum of $100,000 on claims for cash. Recovered funds are used to pay investors whose claims exceed SIPC's protection limit of $500,000. SIPC often draws down its reserve to aid investors.

    Recovered funds are used to replenish SIPC's reserve if the reserve is tapped in the early stages of a liquidation proceeding.

    Check them out here: SIPC - Securities Investor Protection Corporation

    excon
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Jan 14, 2010, 04:09 PM
    I also know that you may be able to get an attorney on a contingent fee rather than on retainer.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 14, 2010, 04:26 PM
    You can't afford NOT to have an attorney. As Chuck said, these people have attorneys on staff who can bury you in paperwork.

    Another issue here is whether JP Morgan is actually culpable here. Granted an employee may have committed an illegal act, but that doesn't mean JP Morgan is responsible. You would have to prove that JP Morgan was aware of the theft and did nothing or that they were negligent in providing or following procedures that would have prevented this from happening.

    The fact that your money was stolen does not necessarily mean you you have a case against the company. So, at the very least you need to consult an attorney to see if you even have a case. As J_9 said, if you do have a case, you should be able to find an attorney to take the case on a contingency basis.

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