The plaintiff signed the petition, not Silviano. Anyone can file a petition in justice court, it looks like Silviano maybe helped prepare it but isn't representing the plaintiff. This is the most ridiculous thing I've seen. The stupid thing is that it was filed in justice court, and (at least in Texas) the justices aren't licensed to practice law and anything can happen. I tell clients if they get sued in justice court to save their money and try the case themselves - if they win, great, if they lose, just appeal to a higher court and it starts all over with a judge that is a lawyer and understands the law. I am not licensed in Arizona, but my suggestion would be to look into the appellate procedure in this matter. It is my opinion (not legal advice) that a Motion to Dismiss would take care of this in a higher court, the petition just doesn't make sense, I don't know that this plaintiff has standing to bring an "insurance fraud" cause of action.
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Originally posted by DJM View PostTruck was stolen Aug 2014 while I was out of town on business
Do you have anything documenting that you were out of town working and not in Mexico?
DJ
Originally posted by iamntxhunter View PostAt any point did your insurance company settle with you on the vehicle? Was there any affidavit signed by you upon settlement with the insurance company?
This would appear to be a situation that could be cleared up with minimal effort. Craziest thing I have ever heard of.Last edited by trjones87; 04-04-2017, 11:59 AM.
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Originally posted by Stuck View Post****. Just checked this thread again to see what has been so interesting the last couple of days. I see y'all have gotten Cripsol banned.. He sure was adding a second layer of interesting to the thread. Good thing he has that second account.
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Transaction purportedly took place in Mexico.
You live in/were served in Texas.
Plaintiff lives in Arizona.
Plaintiff sues you for just under jurisdictional limits in play court.
Cheese-ball guy in Jeep sports white shorts, likely before Easter, and says pay up, sucka!
File MTD, plea to jx, and cite Pennoyer v. Neff, International Shoe and any case you can find with a Japanese tire company as a party. That will do. :-)
Bottom line. . . if we had that dang wall built in 2014 none of this would have happened.
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Originally posted by RR 314 View PostTransaction purportedly took place in Mexico.
You live in/were served in Texas.
Plaintiff lives in Arizona.
Plaintiff sues you for just under jurisdictional limits in play court.
Cheese-ball guy in Jeep sports white shorts, likely before Easter, and says pay up, sucka!
File MTD, plea to jx, and cite Pennoyer v. Neff, International Shoe and any case you can find with a Japanese tire company as a party. That will do. :-)
Originally posted by RR 314 View PostBottom line. . . if we had that dang wall built in 2014 none of this would have happened.
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