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- This topic has 154 replies, 25 voices, and was last updated 1 year, 2 months ago by Abba_S.
November 29, 2021 7:42 pm at 7:42 pm #2035841
There are three factors in determining to settle:
1) Legal expenses even though you have a good case if the amount you will recieve is less then your expenses than you should settle
2) The chance of you winning your case
3) The odds that you will collect the award. OJ is a prime example although the Goldman Estate was awarded over $30 million, I doubt they even collected $500,000.00.
Judges have a number of cases that have to be settled and if each case went to trial there would be a backlog so they try to get the parties to settle. Insurance companies like to settle in the $50-100 thousand range if they can. Media companies have insurance policies but their premiums are going to go up.
The way a civil suit works is the jury decides how much each party is at fault and then they prorate the damages. In some states if the defendant is found to be responsible for less then 50% he pays nothingNovember 30, 2021 12:22 am at 12:22 am #2035931
Abba -“Legal expenses even though you have a good case if the amount you will recieve is less then your expenses than you should settle”
IDK what you mean by a good case?
If it’s a fake case from the litigant, you Never settle!
Otherwise everyone and their dog would Sue you.
You might know how to be an insurance guy, but you sure don’t know law!
BTW, do you know that you can get the other litigant to pay your legal expenses?!?November 30, 2021 7:48 am at 7:48 am #2035982
The one time I sued was about 25 years ago I was trying to evict a tenant. Every time I went to court it cost me about a thousand dollars. It should be an open and shut case but it was dragging so I decided to settle. The tenant could stay just they would have to pay an extra $200.00 per month in order to renew the lease each month. Their lawyer negotiated it down to $100.00 per month. No more court appearances and the tenant moved out.
If it a fake case the judge will dismiss the case.
As far as collecting legal expenses if it’s a private person you are not only not going to collect anything. By the time the case is over he has hidden all of his assets.November 30, 2021 1:07 pm at 1:07 pm #20361982scentsParticipant
Most insurance companies would rather settle even when they believe the facts are on their side, they prefer to make it quick and clean so they can move on.
This is especially true in medical-related cases.November 30, 2021 1:51 pm at 1:51 pm #2036199
Abba -“As far as collecting legal expenses if it’s a private person you are not only not going to collect anything. By the time the case is over he has hidden all of his assets.”
Again you proved that you Know nothing about Law!
He doesn’t own a house or a car?
He doesn’t have a job?!?November 30, 2021 5:11 pm at 5:11 pm #2036379
The way it works is you transfer your assets to someone else you trust or to overseas trust in a country that has good secrecy laws. Also you need to be self employeed in an all cash business. If it’s not in your name there is nothing they can do to collect and you claim income under the poverty line so they can’t garnish your wages. OJ is a prime example of how it’s done. You can also declare bankruptcy just to stall them and possibly get rid of the debt. So depending on the state you live in you can keep both your car and house even if you declare bankruptcy.
You may know theory of how the law works but don’t understand how it works in the real world.November 30, 2021 5:53 pm at 5:53 pm #2036387
Abba -” If it’s not in your name there is nothing they can do to collect and you claim income under the poverty line so they can’t garnish your wages. ”
Again you proved that you don’t know law!
They can Garnish your Wages, No matter how little You make.
It just works on a Percentage & a total amount.
Stop Showing e/o your Absurd Legal Advice.
Because some Fool might read it & Believe You!November 30, 2021 10:06 pm at 10:06 pm #2036415
Just for the record there is a Federal Law called the Federal Wage Garnishment Law which clearly states that if you earn less than the poverty level there can be no garnishment. There are exceptions but that only for taxes owed. If you don’t believe me google it.
Before anyone takes any of these ideas they should consult with both an attorney and a accountant for both tax and legal ramifications.
OJ Simpson owes the Goldman Estate from 1997 verdict of $33 million, Although he still lifes the high life in a gated community $58 million of which he only paid about $132,000.00. Simpson is making money but Goldman isn’t recieving a dimeDecember 1, 2021 9:44 am at 9:44 am #2036529
Abba -“Just for the record there is a Federal Law called the Federal Wage Garnishment Law which clearly states that if you earn less than the poverty level there can be no garnishment”
Stop Lying & Pretending that you know law!
I’m not Going To teach you Law. There are Fed laws & State laws.
The Fed law is you can’t Garnish from the Wage if it’s less than 30x the Minimum Wage for that week. You must know what the Minimum Wage is according to the Feds.
I’ll give you a hint – it’s Not 15 dollars a hour.
So there are very few people that will be exempt from Wage Execution!December 1, 2021 6:05 pm at 6:05 pm #2036945
Actually a lot of people can use the Garnishment Law. It goes like this the person only declares a weekly salary of $275.00, the balance of his salary is paid off the books. Which is why being self employed in a cash business is needed. Although there are plenty of jobs that pay off the books also. This will also allow you to go on government programs should you want to.
In Florida your house is totally exempt so if you claim residence there you buy a house there and sell your assets and own it free and clear.
As far as having equity in car, most cars are leased and those that buy a car, mostly finance the car so if you take the car you are going to have to pay the finance company and the owner if he knows you are going to claim it wouldn’t be making payments so there maybe no equity.
If you think collecting is so easy speak to Fred Goldman . He got a $33.5 million judgement against OJ Simpson and has only been able to collect about $132,000.00. The amount owed now 25 years later is about $60 million. I am sure he will split it with you, he gets $50 million and you can keep the rest.December 1, 2021 11:13 pm at 11:13 pm #2037004
Abba -“Actually a lot of people can use the Garnishment Law. It goes like this the person only declares a weekly salary of $275.00, etc.”
Again you prove that you don’t know anything about Law.
How much do you pay for rent?
There aren’t many people that only have $600 – 800 per month. (HUD/Sec. 8 doesn’t cover all of it.)
How much is the financing cost of leasing per month?
How much for OTC meds & toiletries?
How much for utilities? (HEAP doesn’t cover all of it.)
This number has to equal out.
Expenses = Income.
I’m able to do it because I live with family, so there isn’t so much Income.
But the average Frum family has to have a Big income on the Books.
I surely Hope No one listens to your legal advice, because they might be in big trouble!
It’s not so much that they will garnish you, but if the Numbers don’t equal out, when they catch you – it’s a Big Crime on the Government programs!December 2, 2021 10:30 pm at 10:30 pm #2037541
The concept is fairly simple your business on paper is owned by a trusted confident. Utilities and car leases, mortgage payments and micelanous expenses are paid by the business. in the name of the bussiness. Since all your expenses are being paid by the business you might be able to servive on $14.000.00 walking around money
I am not advising anyone to go on government programs that they ae not entitled to. That said the chance of getting caught are slim to none.
The IRS is more likely to catch you because you are for example living a $100,000.00 life style on a $10,000.00 salary. But since nothing on paper is in your name(such as cars, ownership of the business or houses) it will be hard to prove you are actually living that life style. As a general rule the IRS doesn’t audit the poor they usually audit the rich and upper midle class,December 3, 2021 5:45 am at 5:45 am #2037625
Abba -“The concept is fairly simple your business on paper is owned by a trusted confident. Etc.”
That you could do. I’m sure many businesses just do that to get government programs.
I was talking about s/o who’s a salary worker!December 5, 2021 3:17 am at 3:17 am #2037981
Salary worker making $100K per year happily married with a house and child. He devorces his wife and gives her the house and all assets plus $25K per year for alimony/child support. Which the wife then garnishs from the husband paycheck. The creditor can’t collect from the house or the assests becuase it’s in the wifes name. In this example we will say that payroll tax are 25%. His disposible income is $75K of which 25K is garnished for alimony/ child support. According to the Federal Garnishment Law garnishment is limited to 25% of disposibal income. Since Alimony/child support takes up 33% of the after taxes income the creditor can’t collect. The husban and wife live together in the house although he should have a different address on his government ID and his tax returns.
After a year or two he should declare bankruptcy under Chapter 7 and he may get rid of the debt. Once the debts gone he can remarry his wife.December 5, 2021 12:52 pm at 12:52 pm #2038135
Abba -“Salary worker making $100K per year happily married with a house and child. He devorces his wife and gives her the house and all assets plus $25K per year for alimony/child support. Etc.”
I never ever heard such Krumme Logic in my life.
Do you know how much the legal fees would cost?!?
Trust me it’s not worth it.
I’m not going to tell you what I do.
So someone, Not me, can work Totally off the books.
They can even have a bank account, I live NJ, the law says up to a thousand is exempt from garnishment.
So eventually the person should declare Bankruptcy, but this can give you years to do it leisurely!
If s/o wants further advice, they can pay for it, either me or a lawyer that knows this.December 5, 2021 8:29 pm at 8:29 pm #2038254
What legal fees are you talking about that are so high you don’t need a lawyer to get devorced or you can share a lawyer. If it’s a quicky devorce it cost less than $1,000.00. It’s only when the parties fight that it gets expensive. Changing the name on the title of real estate cost less than $100.00 at the county clerk. Garnishment for child support also if you uses the NYState Agency here cost $25.00.
The basic concept is to incur a garnishment greater than 25% so that the creditor can’t collect anything. Child support can be up to 50% of disposible income and always takes precendent over other claims.
As far as working off the books most of these jobs pay $30k or less per year. Also rent or mortgage payments are over $1,000 per month and as soon as you put more than $1,000 in the checking account it’s subject to garnishment so how is he going to pay bills.. Also due to the stress the couple may actually get divorced and then working off the books wouldn’t help as the wife knows.
Anyone thinking of taking this advise should first consult with your accountant who is better able to advise you as he knows your finances.
You have the option of following my advise and keeping the same job and paying taxes or finding a job off the books that pays the same amount after taxes If your off the books you have to be worried about getting caught by the government, you are locked in to your employer, you are not covered by social security or unemployement. Bankruptcy also may not be the saviour that you maybe wishing for. In this case Kyle knowingly shot 3 people so the debt would not be discharged by bankruptcy. If on the other hand you a licensed driver accidently hit a school bus seriously innjuring a bus load of students he could declare bankruptcy and it would stop the lawsuit and discharge the debt against him and they could only collect from the insurance company.December 5, 2021 8:29 pm at 8:29 pm #2038258Always_Ask_QuestionsParticipant
can we take these disgusting illegal suggestions offline? This is a kosher websiteDecember 5, 2021 10:14 pm at 10:14 pm #2038300
Why is it disgusting? Why is it illegal. Who certifies that this website is kosher?December 5, 2021 11:54 pm at 11:54 pm #2038334
Abba -“The basic concept is to incur a garnishment greater than 25% so that the creditor can’t collect anything”
That won’t work, because in NY they can take off the Gross income.
Like I said before – get a lawyer to go through your finances and figure out the best way to go forward.
Your posts are so farfetched, it won’t work or you’ll end up in jail.
I have no Garnishible income.December 6, 2021 5:50 am at 5:50 am #2038354Always_Ask_QuestionsParticipant
when you start discussing how likely IRS is to look at something, you should smell a rat …
FYI, IRS is not nec essarily going by income, they also go by algorithm: they can see red flags in the data – say, your W2 income suddenly dropped and your previous address is now address of a business that runs similar income, etc. Anyway, midvar sheker tirhok, please.December 6, 2021 5:55 am at 5:55 am #2038384
The problem with your idea is that off the books jobs at that income are non-existent. And while in NYS garnishment can be based on gross income the limit is 10% or $10,000.00 based on 100K income while a 25% based on disposable income is $18,750.00 with 100K income and assuming a 25% tax rate.
I am not sure why you would end up in jail, divorce is legal in the US. Living out of wedlock? It will be laughed out of court.December 6, 2021 3:44 pm at 3:44 pm #2038481
Abba -“The problem with your idea is that off the books jobs at that income are non-existent.”
It only works if your main income is Governmental income; lets say Social Security.
“Living out of wedlock? It will be laughed out of court.”
I’m sure that you don’t tell your clients to do your ideas.
If you do, I hope that they say – “You do it first”.
The only one that will be Laughed out of Court is You in Handcuffs!December 6, 2021 6:39 pm at 6:39 pm #2038669
It looks like we are talking about two different things I am talking about someone who is earning a decent living, 100K per year legally and paying taxes. You now are saying you are talking about someone on social security, I am not sure if you mean the retirement benefit, disability income benifit or SSI. Which are all garnish proof. The benifits are between $1000.00 – $2,500 per month or $12,000.00 – $30,000.00. Not really much to live on. Even with an off the book job many of which are labor intensive which people getting any of these social security benifit are not in shape to do. But with exception of the retirement benefit you are not allowed to work. If you do work you are committing fraud. The IRS is cracking down on that.
I don’t have any clients and I still don’t understand what crime was commited that handcuffs are required.
If you defraud the government they will prosecute you and you will go to jail. But if you defraud a creditor unless it’s an open and shut case, they have higher priority cases and wouldn’t prosecute.
In my case the husband is allowed to divorce his wife and pay child support , his paperwork is all in order. It’s going to be a hard case to prove fraud.December 6, 2021 8:32 pm at 8:32 pm #2038691
Abba -“But if you defraud a creditor unless it’s an open and shut case, they have higher priority cases and wouldn’t prosecute.
In my case the husband is allowed to divorce his wife and pay child support , his paperwork is all in order. It’s going to be a hard case to prove fraud.
The husban and wife live together in the house although he should have a different address on his government ID and his tax returns.”
A hard case to prove?
I’ll give you one thing if it’s not a lot money, they’ll forget about it.
But 100 k/year and you owe half of it, they’ll hire a Private Eye to check it out.
They’ll find out that you still live in your house.
So much for your bright idea.
This is major Fraud – you’ll be gone for a long time.
Ever hear of Sing-Sing?!?December 6, 2021 8:48 pm at 8:48 pm #2038694
Health Wasn’t it you who asked me doesn’t he have a job house or car. Now if the guy was on a social security how was he able to afford any of those? Unless he’s reired in which case he doesn’t have a job. Otherwise he can’t afford either a house or a car. Also why is anyone sueing someone with only social security there is no way the creditor can collect.December 6, 2021 10:36 pm at 10:36 pm #2038817
Abba -“Also why is anyone sueing someone with only social security there is no way the creditor can collect.”
I love people who have No clue.
Your post Proves again for the Umpteen time that you Don’t Know Law!
They don’t care what money you have – they like to make your life miserable anyways!
I used to be not too knowledgeable and when I got a summons – I went to court.
The other side’s lawyer was there, but I got a Ranking out from the Judge.
They waste your time to prove that they can’t collect.
Now when I get a Summons – I ignore it.
You Must read the summons because you never know what’s it about.
If it’s just seeking a Judgment – then you can ignore it, because who cares if they get a Judgment against you.
“Otherwise he can’t afford either a house or a car.”
I was renting & I told the Judge that my car wasn’t worth more than a $1,000.
He looked it up or he knew from the Make, Model & Year.
Do yourself a Favor before you Mess up s/o or even Yourself, tell them to get a Good lawyer.
I’m Not a Lawyer, but I’ve had a lot of cases so I know quite a bit.December 7, 2021 7:39 am at 7:39 am #2038893
In my case the husband divorced his wife and had a child support agreement which was garnished from his wages. You are claiming that you can invalidate the divorce and the child support garnishment based on the testimony of a private eye who claims the ex-husband stayed the night. If this were so every deadbeat dad would find a witness for hire to say he stayed over at his ex-wife’s house in order to invalidate the divorce and not have to pay alimony or child support.
You do realize that in your case you would not be allowed to keep more than $1,000.00 in the bank account otherwise it would be garnished so unless your rent is under $1,000.00 you are going to be having to carry a lot of cash around.
The creditor is only interested in getting paid. If you send the debtor to jail they wouldn’t collect anything so they will first go to civil court which takes time. by the time they want to prosecute the statute of limitation may have passed.December 7, 2021 12:10 pm at 12:10 pm #2039023
Abba -“If this were so every deadbeat dad would find a witness for hire to say he stayed over at his ex-wife’s house in order to invalidate the divorce and not have to pay alimony or child support.”
At this point – you’re just arguing to have the last word.
Nothing that you just wrote has any logic in it!
Have you ever been in a Court of Law, besides auto violations?
You obviously have no clue how to present evidence!
You don’t have a clue how PI’s work.
They will spy for a long time, so it’s presented as evidence!
“You do realize that in your case you would not be allowed to keep more than $1,000.00 in the bank account otherwise it would be garnished so unless your rent is under $1,000.00 you are going to be having to carry a lot of cash around.
The creditor is only interested in getting paid. If you send the debtor to jail they wouldn’t collect anything so they will first go to civil court which takes time. by the time they want to prosecute the statute of limitation may have passed.”
Your posts are getting funnier by the minute.
The government money goes directly into your bank account.
This is non-stop garnishable.
That’s right you can’t put other money in the account.
The Statue of Limitations takes many years – more than 20.
Stop thinking that you’re a Know – it – All.
You do realize that it’s the government that will prosecute you.
They will seize all your Assets.
Then the Creditors will petition the court to get their money.
I know that this is a game by you, but some Brainless Reader might believe your posts & end up in Big Trouble.
Have a Nice Life!December 7, 2021 5:38 pm at 5:38 pm #2039141
A divorce ss is child support are court orders that can only be overturned by a judge. As a general rule testimony by a privite eye can be used by one of the parents to adjust the child support. The evidence that the private eye is providing is just that the husband stayed over at his ex-wifes home. There can be reason why he did so such as his child wasn’t feeling well. Can an outside party not the husband or wife invalidate a divorce? If the creditor can invalidate the divorce from what date? From the date the witness saw the husband staying over there or from the date of the judge ruling in the matter. In any case the child support was in force from the date of divorce and is seperate it is doubtful that the judge will remove the child support garnishment.
The statute of limitation in NY State is 1 year for petty offenses, 2 years for misdemeanors and three years for felonies. Since someone thinks a crime was committed.
As far as social security being garnishment proof you are allowed to keep two monthss worth of social security in your bank account anything over that can be garnished by your creditor.
As far as the government coming after me, no crime has been committed You don’t want to say what criminal act was commited. With the backlog in the criminal courtts it”s doubtful the DA’s office will want to prosecute the case. It will depend on can they prove their case beyond a reasonable doubt.December 7, 2021 10:26 pm at 10:26 pm #2039202
Abba -“A divorce ss is child support are court orders that can only be overturned by a judge. As a general rule testimony by a privite eye can be used by one of the parents to adjust the child support”
I’m not your lawyer – if this is a real case.
Once the PI watches the guy – after a while he knows exactly where he lives.
The PI goes back to the Creditor and tells what’s really going on.
The creditor now contacts the DA, about the Fraud.
The DA opens an investigation and gets all the evidence from the Creditor.
Then he probably will prosecute.
You’ll see the Judge during the Trial.
“As far as social security being garnishment proof”
I wasn’t talking about Social Security, but other Government programs that are always Non-Garnishable!
“As far as the government coming after me, no crime has been committed You don’t want to say what criminal act was commited. With the backlog in the criminal courtts it”s doubtful the DA’s office will want to prosecute the case. It will depend on can they prove their case beyond a reasonable doubt.”
Fraud is a Major Case. They love these cases.
Now if you just Grabbed & Stole, they couldn’t care less.
After all – it’s the In – Thing!
If you or anyone makes 100 k, make a deal with the Creditor that you can afford.
They aren’t going to let this go!December 8, 2021 8:22 am at 8:22 am #2039346
In order for fraud to be proven the divorce must be invalidated and the child support likewise invalidated. The only problem is that neither the creditor nor the DA have any legal standing in divorce cases. Without invalidating the divorce there is no fraud. Even if you could have a judge open the divorce case to invalidate the case both sides need to be heard in order for a ruling to be made.
With the courts backed up due to covid it may take years until a hearing is made in this divorce case.
Mean time the clock is running out on your fraud case, assuming this is a felony case you have 3 years from the date the husband filed for divorce to bring the case. I have a friend who gave his son-in-law money for a down payment. The seller backed out of the sale and the money wasn’t returned. He sued both in a din torah and civil court won both times could collect referred the matter to the Ocean County DA’s office in NJ got nowhere.December 8, 2021 1:27 pm at 1:27 pm #2039523
Abba -“Even if you could have a judge open the divorce case to invalidate the case both sides need to be heard in order for a ruling to be made.
With the courts backed up due to covid it may take years until a hearing is made in this divorce case.”
Again you prove that you know nothing about the Court system!
If the DA got info about a fraud case & he wants to push it Now – he goes to the Judge and the Judge will order a hearing ASAP.
Even before Covid they just delayed cases because they can. It’s just a game by them.
“He sued both in a din torah and civil court won both times could collect referred the matter to the Ocean County DA’s office in NJ got nowhere.”
If your friend wants he can contact me & for a fee – I’d give him advice.December 8, 2021 10:37 pm at 10:37 pm #2039700
The problem that you fail to understand is the judge’s dockets are full. In order for the the judge to even consider granting him a hearing the DA may discuss the case with judge in between cases, but he must be able to provide evidence the divorce was a fraud and convience the judge that it was fruad beyond a reasonable doubt. The only evidence is a private eye claiming that the ex-husband stayed over night and the husband may have just cuase for being there.. If the ADA fails not only will he not get his hearing but get a dressing down and it’s doubtful the next time he needs a hearing he will not get it.
Judges do not like to delay docket becuase criminal will be denied speedy trail and go free. Divorce is a Civil Court and DA’s working in Criminal Court.Divorce is final and the divor,ce agreement can only be adjusted by the husband and wife.THe DA is an uninterested party in this matter. While a Criminal Court Judge may want to hear the ADA’s request. A Civil Court Judge may not even be so sympathetic to hear the ADA out as he is just creating more work when the whole civil court is backlogged. Without invalidating the divorce it’s impossible to prove fraud.
As far as delaying trials is concern, Mr Brooks who ran over and killed 6 people had his bail reduced from $10,000 to $1,000.00 becuaser his trial was delayed.
As far as my friend is concerned he kept finding victims and bring them to the DA’s office until the DA decided to prosecute. They made a plea deal and he got his money back and the defendant got probation.
Providing legal services without a license for a fee is a crime in all state punishable by fines and or jail time.December 9, 2021 9:24 pm at 9:24 pm #2040053
I am not trying to provide anyone legal service and anyone can simple verify any of my claims listed below by googling them on the internet:
1) There are internet based services that will help you with the paperwork needed to file a divorce. One of which charges $135.00. There will also be court filing fees which vary state to state.
2) You can live in the same house while gatting divorced and even after it’sfinalized in most states If you need a date of seperation for the divorce paperwork. use the date you decided to seperate.
3) A creditor may seize assets in which your name and social security number is associated with. There are an exceptions for retirement benifits and some government benifits.
4) The maximum that can be garnished is 25% of the salary after taxes or in some states 10% of the gross salary.
5) Always answer a summons to civil court. If you fail to answer the plaintiff may win a defualt judgement, Which mean he won the case If it’s the first time you can ask the judge for a continunace and he will set another court date you just need an excuse.
If the husband is scared a creditor will garnish his wages, He can divorce his wife in secular civil court, transfer all his assete ie house bank and investment account to be solely in her name and give her child support or alimony of over 25% of his disposible income. Thereby giving the creditor no where to collect from. The balance of his income is deposit into a seperate account under a relitive’s name. He will only be able to use it via internet banking.
He can sleep in his own bed and there is nothing the creditor can do. The debtor can declare bankruptcy and possibly get the debt discharged. If he does he can remarry his ex-wife civily.December 10, 2021 12:08 pm at 12:08 pm #2040196
Abba -“Providing legal services without a license for a fee is a crime in all state punishable by fines and or jail time.”
That’s what I love about the posters here – they write the most absurd things!
BTW, this is my quote “If your friend wants he can contact me & for a fee – I’d give him advice”.
And you wrote -“Providing legal services without a license for a fee is…”.
Funny I fail to see that I was offering Legal Services – I wrote
” but he must be able to provide evidence the divorce was a fraud and convience the judge that it was fruad beyond a reasonable doubt. The only evidence is a private eye claiming that the ex-husband stayed over night”
Like I said said before you No Nothing about law.
I already told that you don’t understand how PI’s work.
They just don’t say he stayed overnight, he watches for a week or more, to have strong evidence.
The Judge will be Very interested in this case, if the DA says he thinks that there is major Fraud going on.
He’ll give him Suponeas to get more evidence!
And when he does, he’ll issue an arrest warrant!
“The husban and wife live together in the house although he should have a different address on his government ID and his tax returns.”
And this -“You can live in the same house while gatting divorced and even after it’sfinalized in most states”.
So your saying he has different address, but lives in the same house.
That alone puts an implication that the guy is doing some sort of fraud.
Yeah, your great lawyer and has great advice!
Don’t forget providing Legal Services even for Free is Illegal.
But in your case the Court will make an exception!December 11, 2021 10:32 pm at 10:32 pm #2040516
I am just curious how the judge will sign an arrest warrant without first recieving a “True Biil” from a Grandl Jury. I do realize that in 2 states they don’t require grand juries but 48 state and the DC require a Grand Jury Indictment prior to an arrest warrant. In those states that don’t require grand jury upon arrest the DA must provide evidence at a probable cuase hearing which is the first hearing after the arrest which the judge must determine iif there is adequate evidence that he committed the crime.
As a general rule, the prosecutor must notify the defendant and allow him to testify at the grand jury telling his side of the story. The defendent is allowed to testify and is allowed to consult with his attorney who is not present at the grand jury. Any testimony given at a grand jury can be used against the witness at trail. The prosecuter can cross examine the defendant and then the prosecuter reads the law and leaves the grandjury to decide to indict or not. When they indict it is called a true bill meaning the DA has enough evidence to charge the defendant.
As a general rule if the defendent has a logical explanation the grandj ury will side with him. In your case you have evidence that the husband lives in his ex-wife’s house for over a week. That doesn’t prove that the divorce is a fraud.
I don’t know what type of evidence the DA is going to subpoena. Nor do I know what evidence the PI will provide. A subponea is a document ordering someone to appear in court. Since the only people with knowledge of the divorce are the husband and the wife beside the court itself whose documents are readily available to the DA. The husband and wife are just going to testify that they are legally divorced. I am not really sure what purpose the subpeonas are going to accomplish other than waste everybodies time.
I am not sure the DA even has probable cause that fraud was even committed.
The fact that the husband is still living in the house with his wife is not grounds to invalidate the divorce in most states including NY & NJ as they can live together before and after the divorce. And even in the states that require seperate living quarters that is before the divorce will be granted not after. So if the PI can submitt evidence that they lived together during the 180-365 day prior to the date the divorce was granted in a state that requires seperation during that period then the divorce maybe invalidated, but that should be handled in divorce court which is civil court not criminal court.
As far as having a different address on his tax return and government id, this is only that he has a place to stay in case his wife kicks him out.
Just like the Rittenhouse case as long as the defendent has a logical explanation the jury and judge are going to side with him. You are falling for the same logic as the DA in the Riienhouse case just becuase you say it’s fraud doesn’t mean it’so.Unless your talking about some make believe evidence that your PI has uncovered.December 12, 2021 6:07 am at 6:07 am #2040636
A few years ago the House Democrats tried to get then President Trump’s Tax Return claiming fraud, which they never got. But in Manhattan, one of the most liberal counties in New York State the DA Cy Vance was able to get a copy of Trump’s New York State’s Return. He has grand juries investigating but has never indicted Trump. Yet Trump has been impeached twice by Congress during this period. Cy Vance will be out of office by the end of the month so who knows if the new DA will continue the investigation as the statute of limitation is 6 years from the date of occurrence or two years from the fraud was found out. This was suppose to be an open and shut case. Yet even though Manhattan is the most liberal county in NY they couldn’t find enough evidence to indict President Trump, one of the most hated Presidents of fraud. This is because proving fraud in a court of law is very hard.December 12, 2021 2:37 pm at 2:37 pm #2040814
Abba -“I am just curious how the judge will sign an arrest warrant without first recieving a “True Biil” from a Grandl Jury. Etc. A subponea is a document ordering someone to appear in court…”
I’m Not going to teach you Law – Mr. Know – It – All!
On the First line that isn’t the only way to arrest S/O.
On the 2nd line – you are only partially Correct.
I was talking about a different type of Subpoena!December 12, 2021 10:44 pm at 10:44 pm #2040953
This evolving into a Democratic Ploy against President Trump where evidence and charges keep evolving, which work in impeachment where anything goes, but not in criminal court. Or to quote former President Clinton “it all depends on what is means”. You keep changing what you claim you mean.
In Manhattan one of the most liberal counties in New York State and perhaps the country, the DA Cy Vance has been trying to indict Trump & his company for over 2.5 years without success, This is eventhough there is a saying “You can indict a ham sandwich”. The reason is that anyone can be indicted but once it comes to the trial the case will be dismissed unless there is evidence to support it.
The DA has hundreds if not thousands of cases pending at any given time. All of these cases have been investigated by the Police or Sherriff’s office and are awaiting prosecution. Why would the DA take on a new case which he has to investigate and subpoena evidence before he can prosecute?
The vast majority of the hundreds of backlogged cases are violent cases, so why is your fraud case going to get precedent esspecially when you are not articulating how the DA is going to win a conviction.December 13, 2021 2:14 pm at 2:14 pm #2041161
Abba -“I have a friend who gave his son-in-law money for a down payment. The seller backed out of the sale and the money wasn’t returned. He sued both in a din torah and civil court won both times could collect referred the matter to the Ocean County DA’s office in NJ got nowhere.”
“Why would the DA take on a new case which he has to investigate and subpoena evidence before he can prosecute?
The vast majority of the hundreds of backlogged cases are violent cases, so why is your fraud case going to get precedent esspecially when you are not articulating how the DA is going to win a conviction.”
You just proved that you can’t follow your own posts!
We were talking about Ocean County, NJ, Not NYC.
Stop posting things that Don’t make sense, just to have the Last Word!December 22, 2021 8:00 am at 8:00 am #2043946
He was given a standing ovation by the Republicans making him a hero.December 22, 2021 8:09 am at 8:09 am #2043949
That’s a pretty bizarre comment. Standing ovations don’t designate heros.December 22, 2021 8:31 am at 8:31 am #2043951
standing ovation from Merriam Webster Dictionary:
an occurrence in which the people at a play, speech, sporting event, etc., stand up and applaud to show enthusiastic approval or appreciationDecember 22, 2021 8:31 am at 8:31 am #2043953
hero from the dictionary:
a person who is admired for great or brave acts or fine qualities
You don’t give a standing ovation if you don’t consider him a hero.December 22, 2021 8:40 am at 8:40 am #2043958
Are you honestly thinking those definitions support your statement? Kyle Rittenhouse is getting support for surviving the attempted murder and slander of the media. Not many people do. Maybe you don’t want to acknowledge what your media friends have done so you needed to change the narrative? Who knows anymore.
This used to be a place to share thoughts and opinions, even clashing ones. It seems it has badly transformed into a place where people write their own realities and then act surprised about the push back.December 22, 2021 8:59 am at 8:59 am #2043963
We don’t give a standing ovation for killing people for whatever reason.December 22, 2021 9:23 am at 9:23 am #2043970
Reb E – I am surprised and sorry that someone so steeped in Torah can still be so vulnerable to the political blindnessDecember 22, 2021 11:04 am at 11:04 am #2043994
Rittenhouse wasn’t being honored for killing or wounding anyone. It was for defending himself with a gun. He was the posterboy for those against gun controll. He is milking his fame to make as much money has he can before he is forgotten.
Kim Potter, a cop charged with mansluagther is another example of someone being unjustly prosecuted.December 22, 2021 11:09 am at 11:09 am #2043996
Abba- you could be right but I don’t think anyone cares about the gun. The point was that he was vilified without evidence in the media and survived. That’s a huge deal.December 22, 2021 11:38 am at 11:38 am #2044014
The idea that the president can voice disagreement with a jury’s verdict is a chutzpah. But when a black man out on bail deliberately drove his car over children (do I need to say that in all caps for it to resonate?) drove his SUV deliberately over children and adults and there was NOTHING. Biden did not visit or make a phone call. Disgusting. And what could possibly be the reason for his inappropriate over involvement in the Rittenhouse case vs zero mentchlichkeit in the case of 6 children hospitalized for ONE WEEK. because BLM took on the (oddly all white) rittenhouse cause, and the other was just a slap in the face to his liberal judicial system “upgrades”.
He makes me sick. And the media not calling him out is shameful (although they probably drive the bus on this one). It has become so hard to live day to day without being slammed by all this insanity. When does it end? How bad does it have to get?
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