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Old 04-03-2017, 01:27 PM   #1
trjones87
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Unhappy Any lawyers on here licensed in AZ?

I have one of the most bogus cases on my plate
Truck was stolen Aug 2014 while I was out of town on business, truck was recovered in AZ in aug 2016, got served the day we were leaving for Christmas break...Guy that had the truck is suing me for 'insurance fraud' claiming I drove down to middle o' Mexico and sold him my truck.
Looking for advice before I have to take PTO, buy a plane ticket, etc
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Old 04-03-2017, 01:35 PM   #2
CabezaBlanca
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That would ruin anyone's day! Sorry for your misfortune.
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Old 04-03-2017, 01:36 PM   #3
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Holy smokes. That is a shame! Nothing here for you, but good luck getting it resolved.
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Old 04-03-2017, 01:41 PM   #4
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Don't have anything but prayers to offer.

Curious though.. how is the guy (im assuming a victim of whoever stole it) suing you for insurance fraud...? Wouldn't that be a case being brought by your insurance company?
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Old 04-03-2017, 01:44 PM   #5
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Originally Posted by trjones87 View Post
I have one of the most bogus cases on my plate
Truck was stolen Aug 2014 while I was out of town on business, truck was recovered in AZ in aug 2016, got served the day we were leaving for Christmas break...Guy that had the truck is suing me for 'insurance fraud' claiming I drove down to middle o' Mexico and sold him my truck.
Looking for advice before I have to take PTO, buy a plane ticket, etc
Should be easy to prove otherwise if you have proof you were somewhere else on business.
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Old 04-03-2017, 01:46 PM   #6
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Don't have anything but prayers to offer.

Curious though.. how is the guy (im assuming a victim of whoever stole it) suing you for insurance fraud...? Wouldn't that be a case being brought by your insurance company?
The thief is claiming he bought it from him in Mexico. Crappy deal.
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Old 04-03-2017, 01:51 PM   #7
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Well there's a kick in the nuts for you. I would think this could be settled with your insurance company.
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Old 04-03-2017, 02:07 PM   #8
trjones87
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Well there's a kick in the nuts for you. I would think this could be settled with your insurance company.
USAA already did their due diligence and are not worried about me, they said there wasnt anything they could do for me though

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Well there's a kick in the nuts for you.
Ive had waaaaaaaay too many of these lately
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Old 04-03-2017, 02:12 PM   #9
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The thief is claiming he bought it from him in Mexico. Crappy deal.
ok..but thats still not insurance fraud ..thats theft..
insurance fraud is if his insurance company believes that individual and/or theres a police case indicating thats what happened...

not debating... just seems the thief (or the guy the theif sold it to in mexico) cant sue for insurance fraud..unless hes the insurance company...
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Old 04-03-2017, 02:14 PM   #10
trjones87
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ok..but thats still not insurance fraud ..thats theft..
insurance fraud is if his insurance company believes that individual and/or theres a police case indicating thats what happened...

not debating... just seems the thief (or the guy the theif sold it to in mexico) cant sue for insurance fraud..unless hes the insurance company...
that makes sense to me but apparently you can
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Old 04-03-2017, 02:22 PM   #11
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If you sold "him" the truck then he will have to product a receipt in some form. Either a written one or a title showing your signature I would think.
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Old 04-03-2017, 02:25 PM   #12
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that makes sense to me but apparently you can
I would find the meanest sumbitch lawyer you can, who will send them a letter making it clear that they will be sued back for abuse of process after this case is thrown out.
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Old 04-03-2017, 02:25 PM   #13
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What a pain in the rear! Hope this clears up for you quickly and cheaply.
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Old 04-03-2017, 02:25 PM   #14
sir shovelhands
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If you sold "him" the truck then he will have to product a receipt in some form. Either a written one or a title showing your signature I would think.
Yeah, where's the title?
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Old 04-03-2017, 02:30 PM   #15
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Sss
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Old 04-03-2017, 02:34 PM   #16
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I would find the meanest sumbitch lawyer you can, who will send them a letter making it clear that they will be sued back for abuse of process after this case is thrown out.
this.
countersuit on contingency. I'm sure there's a mad dog out that will lick his chops over this.
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Old 04-03-2017, 02:34 PM   #17
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Would think the burden of proof would fall on him to prove that you drove down to the middle of Mexico and sold him the truck. Honestly, I don't think I would worry about it. Let your insurance company handle this. If you have a police report showing that the car was stolen and the case was never closed, I would think that would be good enough. Also, whatever county in AZ he is trying to file suit in, contact the DAs office and let them know what is going on. I don't think there is a judge in the world that would hold you accountable for anything if you filed a police report and never got the truck back.
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Old 04-03-2017, 02:36 PM   #18
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So the claim is from a Mexico court or a US Court? If he is in AZ, why would he buyer your truck in Mexico...when you live in Texas....seems even possibly fraudulent case that is perhaps looking to squeeze you for some $$.
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Old 04-03-2017, 02:41 PM   #19
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Sick Jim Adler on him....
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Old 04-03-2017, 02:44 PM   #20
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Sounds like the alleged crime happened out of U.S. jurisdiction .if alleged sale happened in ol Mexico, what court in AZ. Has jurisdiction for theft if said crime happened elsewhere would be my concern....


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Old 04-03-2017, 02:45 PM   #21
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So the claim is from a Mexico court or a US Court? If he is in AZ, why would he buyer your truck in Mexico...when you live in Texas....seems even possibly fraudulent case that is perhaps looking to squeeze you for some $$.
This is something to be considered, this may be nothing more than a scam. Have you called the AZ court this was filed in to see if it's a legit case #?
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Old 04-03-2017, 02:46 PM   #22
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I wouldn't worry about it. Sue him for theft.
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Old 04-03-2017, 02:50 PM   #23
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Mexico? Throw it in the trash.
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Old 04-03-2017, 03:00 PM   #24
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How did you find out about the lawsuit? Is there a lawsuit even filed? I don't think I would worry too much about it until I was served with a lawsuit.
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Old 04-03-2017, 03:00 PM   #25
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I have a good friend that is a lawyer in Arizona. PM me a few more details (County of suit, etc.) and I'll see if she can point you in the direction of someone who could help you.
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Old 04-03-2017, 03:05 PM   #26
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he prolly did buy it in mexico....from the thief posing as you!
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Old 04-03-2017, 03:05 PM   #27
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Originally Posted by The Crippler View Post
How did you find out about the lawsuit? Is there a lawsuit even filed? I don't think I would worry too much about it until I was served with a lawsuit.
I was served

Quote:
Originally Posted by sir shovelhands View Post
I would find the meanest sumbitch lawyer you can, who will send them a letter making it clear that they will be sued back for abuse of process after this case is thrown out.
I just finished paying my ex off and ran my account to the bare bones, I ain't got $$ for that

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Originally Posted by sir shovelhands View Post
Yeah, where's the title?

It has been in the truck since the day I bought it off a tbh member...yes I now know that was not the best place for it

Last edited by trjones87; 04-03-2017 at 03:10 PM..
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Old 04-03-2017, 03:10 PM   #28
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I was served



I just finished paying my ex off and ran my account to the bare bones, I ain't got $$ for that
Dang. PM sent.
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Old 04-03-2017, 03:10 PM   #29
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Make copies of the theft report and any insurance reports and mail it certified to the court judge. Tell them to pound sand unless they want further litigation filed by you. Fagetaboutit!
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Old 04-03-2017, 03:12 PM   #30
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I was served



I just finished paying my ex off and ran my account to the bare bones, I ain't got $$ for that




It has been in the truck since the day I bought it off a tbh member...yes I now know that was not the best place for it
Call the DA. Tell them whats going on and have them tell you what needs to be done. If an attorney is needed, then go that route. Don't lose sleep over it in the meantime. It sounds fishy to me. Like they are hoping you will just pay to make it go away.
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Old 04-03-2017, 03:27 PM   #31
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Sss
There's a lot of desert in Arizona.
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Old 04-03-2017, 03:58 PM   #32
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This doesn't make sense, the guy who has your truck isn't an insurance company. Insurance companies sue for insurance fraud not individuals. Something isn't right with this whole deal.
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Old 04-03-2017, 04:02 PM   #33
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that makes sense to me but apparently you can
Counter claim and name the scum bag attorney that filed for the illegal felon. Conspiracy and collusion. If illegal felon is filing pro services, file a motion to dismiss outlining the merits of the case.
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Old 04-03-2017, 04:08 PM   #34
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Sounds like a scam, is the attorney listed with the AZ BAR?
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Old 04-03-2017, 04:20 PM   #35
trjones87
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Sounds like a scam, is the attorney listed with the AZ BAR?
I could not find them. Looks like it was written up by 'Attorney Assisted Centers' , the name is Silviano Tanori AZCLDP:80465
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Old 04-03-2017, 04:27 PM   #36
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I just copied and pasted the name and number you listed and one hit was for a notary and the other was a tax preparer maybe he is an attorney too but I doubt it. I think they are trying to scam you in to sending money to settle versus taking time off and heading out of state to handle it. I think I would make some calls to the AZ BAR and if they don't have him listed, then a call to the DA for the county they are in.
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Old 04-03-2017, 06:13 PM   #37
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Do you internet lawyers, who have told him to forget about it, realize that, IF the lawsuit has in fact been filed and he has been served, he will have a default judgement entered against him if he does not respond to the lawsuit?

This is not pointed to you, Crippler, because you obviously know this and did not realize he had been served.
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Old 04-03-2017, 06:21 PM   #38
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Sounds like a scam
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Old 04-03-2017, 06:25 PM   #39
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Looks like Silviano is marrying Emma on Sept 13. In Tucson.

https://www.theknot.com/us/emma-rome...anori-sep-2017

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Old 04-03-2017, 06:25 PM   #40
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Do you internet lawyers, who have told him to forget about it, realize that, IF the lawsuit has in fact been filed and he has been served, he will have a default judgement entered against him if he does not respond to the lawsuit?

This is not pointed to you, Crippler, because you obviously know this and did not realize he had been served.
You're licensed to practice law in Arizona?! Didn't know that. Maybe you can represent him?
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Old 04-03-2017, 06:29 PM   #41
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sorry for the lack of detail, we responded.....then they requested court....then i got a court date of april 24th

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Looks like Silviano is marrying Emma on Sept 13. In Tucson.

https://www.theknot.com/us/emma-rome...anori-sep-2017

Attachment 848954

Attachment 848955
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Old 04-03-2017, 06:31 PM   #42
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You're licensed to practice law in Arizona?! Didn't know that. Maybe you can represent him?
I haven't advised him on anything. I certainly would not advise him to ignore a summons if it is legit.

You are the aspiring lawyer. Why not give the guy some advise on what to do? Help the guy out!
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Old 04-03-2017, 06:35 PM   #43
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sorry for the lack of detail, we responded.....then they requested court....then i got a court date of april 24th



So you have an attorney?
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Old 04-03-2017, 06:37 PM   #44
trjones87
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So you have an attorney?
hm.... I do not have an attorney representing me in AZ...i did get ADVICE on how to respond
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Old 04-03-2017, 06:46 PM   #45
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The dude apparently was a bullfighter before going to law school.

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Old 04-03-2017, 06:52 PM   #46
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He's a paralegal...or, at least, was:


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Old 04-03-2017, 07:09 PM   #47
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I haven't advised him on anything. I certainly would not advise him to ignore a summons if it is legit.

You are the aspiring lawyer. Why not give the guy some advise on what to do? Help the guy out!
I actually am an attorney, but I most certainly am not licensed in Arizona.
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Old 04-03-2017, 07:29 PM   #48
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seriously, you can't make this stuff up

it only goes from bad to worse

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Old 04-03-2017, 07:34 PM   #49
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Lol
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Old 04-03-2017, 07:42 PM   #50
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Still smells scammy to me. I think he knows just enough law to file and have papers served, but I bet he offers a settlement before the court date or he is betting you don't show and get a summary judgement
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