Shipper griped about securement, threatened to remove the load..

Discussion in 'Ask An Owner Operator' started by Chevywi92, Apr 12, 2022.

  1. D.Tibbitt

    D.Tibbitt Road Train Member

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    So what was the law or lack there of that allowed him to do that? Was it before you offcially/legally owned the property and he still had ownership to it? What was your lawyers arguments against the other guy?
     
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  3. Rubber duck kw

    Rubber duck kw Road Train Member

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    You don't seem to understand the difference between civil and criminal court.
     
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  4. Last Call

    Last Call Road Train Member

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    It was a civil court it was completely up to how ever the judge felt like ruling .. It's a long story the guy was going to loose it to the bank.. he got pissed because I was there but had somebody bidding over the ph for me cause it was a neighbor and if people seen me bidding they would run the bids .. then I had my choice of the amount of acres .. I took the max acres that pissed him off more .. I had to wait 45 days to close on the property because of paperwork .. a few days after he found out I bought it he went and did that.. it's no different than me buying your house I sign the contract then you go burn it down before we close
    A civil court judge does not have to give a reason for his ruling .. he is suppouse to follow the letter of the law ..but he can rule how ever he feels that day
    a similar thing just happened to a friend of mine 6 weeks ago but it was over a piece of equipment.. my friend had to pay the guy that basically stole my friends equipment 10,000 and he dodn't get his equipment back either so he lost on both counts.. just off of hear say from the guy he sued.. I don't trust a civil court judge any father than I can see him
     
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  5. D.Tibbitt

    D.Tibbitt Road Train Member

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    ok there is still laws that have to be followed. whether ur in civil court or criminal court. the world is not just a free for all.
     
  6. D.Tibbitt

    D.Tibbitt Road Train Member

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    so technically he still owned the property because you hadnt closed on it yet ?
     
  7. Rubber duck kw

    Rubber duck kw Road Train Member

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    You can sue somebody because you don't like their face. You'll have a hard time getting a lawyer to take it on because there's a 90% chance it's thrown out immediately. Slip amd fall lawyers are a thing for a reason.
     
  8. D.Tibbitt

    D.Tibbitt Road Train Member

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    sure you can sue anybody for anything. but you would not win unless u had significant leverage on a certain law or regulation in the case.... people dont just win court cases for no reason.. there is always a reason they won.. its the entire basis of the justice system.. slip and fall lawyers exist because they know how to find the loopholes of companies not covering their ### when it pertains to the laws and safety regs.
     
  9. Last Call

    Last Call Road Train Member

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    That's a very gray area.. because technically he signed a purchase agreement 30 mins after the auction and it's states the terms of the agreement 1 term states you will not alter or change the property in any shape or forum.. it also states the seller is liable for any damage and expenses that occur to the property from the time the purchase agreement is signed untill closing
    Iowa law is just alittle different than most... I know I guy that got shot and drug down a gravel road and his body stuffed down a well because of a similar situation.. in fact that story made 60 mins.. the guy that killed him got released from prison on a BS technicality and was able to keep everything he owned because the family of the guy he killed lost their fight in a civil court battle too.. that's another example the killer now farms a farm 200' from my house.. I have to look at him everytime he is planting or harvesting on the farm ....if Iam home...
    Civil courts have no merit in my book
     
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  10. Rubber duck kw

    Rubber duck kw Road Train Member

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    "All" you have to do is convince the judge or jury you deserve the money. Let's go back to the pharma instance I mentioned, every drug they've been sued and payed stupid amounts of money out on was FDA tested and approved. No laws broken, at least by the pharma company, and they're still paying out billions.
    Now let's take the recent settlement against the FBI to the families of school shooting victims in Florida, by your standards them paying out is an admission of guilt, the direct opposite of the actual language of the settlement. Then of course you have the gun manufacturers like Remington who have been sued by victims of shootings.
    The reason stated in the lawsuit may claim broken laws, without charges being brought and a guilty conviction the law was not broken.
     
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  11. Ruthless

    Ruthless Road Train Member

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    You certainly can. If a plaintiff thinks you have money, they’ll add you to the “who’s getting sued” list
    Asbestos stopped getting sold in 1979 in this country/my father opened a building material retail store in 1985/ in 2001 someone added him and his business to a lawsuit regarding asbestos in their home.

    Civil court isn’t about right or wrong, or making what’s wrong, right.
     
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