Wednesday, January 20, 2010

Why won't this country adopt the ';loser pays'; rule in civil cases?

Civil cases in this country are nothing but shakedowns. Since the plaintiff imposes the cost of defense as well as the amount of the suit, the defendant is out thousands of dollars, even if they win. If we made the losing plaintiff pay the defendant's legal and court fees, (loser pays) it would certainly make people think twice before filing an obviously frivolous lawsuit. So why don't people demand that we adopt it?Why won't this country adopt the ';loser pays'; rule in civil cases?
Both Congress and the House are made up of 95% lawyers. does that answer your question.?Why won't this country adopt the ';loser pays'; rule in civil cases?
In all reality, each party is given the opportunity of defense and naming the terms of the lawsuit...and it depends on the suit itself. True, not everyone can afford an attorney, but if you cannot then there are attorneys out there that can handle those cases.





You can defend that position also by filing a counter-suit in which you name the terms as well. It all depends on who knows their rights and responsibilities. Many attorneys do not feel obligated to tell you that inforamtion because in reality your run of the mill attorney doesn't care.





You have to make the inquiries, to know where you stand as far as your rights. This even holds true for federal cases. The court has always said way back when and even yet today, ';Ignorance of the law is no excuse.'; That holds true for murder, rape, robbery, kidnapping and all of it.





I used to sell memberships in Pre-paid Legal Services. It was $36 a month and included everything from wills to divorce settlements, tickets to reading contracts and they also added ID theft protection where they handle it ALL including reestablishing your good name. Regular insurance companies are doing that now, but I'm certain they jacked up their rates a few dollars as well.





If you email me, I still have some CD's left that I can send to you at no charge. I don't do this anymore but can give you a card of the man who does. I'll also send you the pamphlet.





timeless57@comcast.net





I know you're thinking 'it's too late', but turthfully it's never too late. You can call them 24/7 and 365 and even if it's 3 a.m., and the police stopped you, while the officer is writing the ticket you can call. By the time the p.o. gets back with the ticket, you can hand him your cell phone and tell him to speak with your attorney. They'll freak and if the ticket is not truly legit, the officer will have a very strange look on his face.





Just a suggestion so that if there ever might me a next time, you will always have someone there for you...and all you paid was your monthly membership.
The plaintiff does have to pay to get a date in court. If the defendant is representing themselves they do not have to pay anything. It is their choice so if it was ';loser pays'; people would get the most expensive lawyers to get back at the other person.
Now, THATS a good idea!

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