Legal action help needed

I think some of the people who have commented have no idea how the legal system works...you can't just send a legal-sounding letter to someone and get money for it. That's just ridiculous.

it is ridiculous but people fall for it. look how stressed Toni is and s/he has insurance and thinks it's a dodgy claim. imagine what an irrational decision s/he could make if s/he had no insurance and there was the slightest chance of succeeding.
 
it is ridiculous but people fall for it. look how stressed Toni is and s/he has insurance and thinks it's a dodgy claim. imagine what an irrational decision s/he could make if s/he had no insurance and there was the slightest chance of succeeding.

Maybe it's because of my legal training but these sort of threats don't scare me, especially if you have landlord insurance. Let them take care of it - that's what you pay them premiums for
 
Maybe it's because of my legal training but these sort of threats don't scare me, especially if you have landlord insurance. Let them take care of it - that's what you pay them premiums for

fine; sue me is my response to the couple of letters I have received. it normally goes quite after that.

when I have a customer who doesn't pay and I send off a demand letter on lawyers letter head I make it to the top of the pile (commercial debts) and they pay fairly promptly.

it's amazing how much attention gets paid to a letter from someone who seems to know what they are doing. regardless of whether they know what they are doing.
 
I think some of the people who have commented have no idea how the legal system works...you can't just send a legal-sounding letter to someone and get money for it. That's just ridiculous.

I think it would be unlikely for someone who receives a letter like the one in question to just send a cheque anday the money.

But what may happen is that they will ring the lawyer who sent the letter to ask what it is about. The lawyer will then scare them with threats of going to court etc. Some people (most maybe) would panic and some of these (the ones without insurance) may just make an offer without consulting their own lawyer -afraid of more fees perhaps.
 
Remember also attached to that legal letter was a "form 28 - filing confirmation notice" in the county court of victoria, I did mention it earlier, should have put the "in the country court of victoria bit in, I don't know what it is. But it's looks pretty official.

Are these forms just as easy to generate?

Toni
 
Remember also attached to that legal letter was a "form 28 - filing confirmation notice" in the county court of victoria, I did mention it earlier, should have put the "in the country court of victoria bit in, I don't know what it is. But it's looks pretty official.

Toni

Hi Toni

I am not sure what that form is, but it obviously means other forms (possibly the ones attached it to) were filed in the court already. That means they are more serious, but it could still be a bluff in the hope that you won't defend it.
 
That's why it was hand delivered and it stated I had 10 days to respond! Probably hoping I wouldn't get time:rolleyes:, then in which case, they would probably automatically win.

It says it's a writ??

Toni
 
Rather not say where the property is at this point, just in case. But as things pan out, I will be more specific Melbournian. Really not sure at the end of the day whether or not that matters an awful lot though, as this situation really can happen to any of us, irrespective of where our properties are located.
 
Do not panic. In commercial managements, we get these every few weeks.

Have your insurance company deal with it. There are times wherein a person will try a shotgun effect and try to sue the owner, the tenant and the managing agent.

At the end of the day, deny all liability and let your insurance company guide you. That is why you get insurance.

Get as much of your paperwork in order and focus on having all the information that you need.


This has me pondering...

1. What if somone had actually injured themselves on a loose paver to that degree at a party at a residence and sought legal recourse/compensation

2. What is that person claims criminal negligence on your part i.e. careless, inattentive, neglectful with regards to the problem. Where would your insurance company stand in that scenario?

Asset Protection Scaremongerers have me wondering the above.............
 
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