How to sue? Let's start a thread on it

I know the basics, about the complaint, answer, discovery, etc.



Let's talk details on this thread.



I am getting ready to sue the bank for fraud. Where do I look for my support material? State Statutes, I would presume are what I can look at for a case that I would file in an NC court, but what if I want to name an officer of the bank that lives in NY? What then?



C'mon Ice, Jim. Spill the beans. Not all of them, just enough to let me know the right questions.



Where do you reccommend looking for formats on how to draw a complaint?

[TheBlackTruth]

<font color=darkblue face=tahoma>YES! I have at least 2 good suits I really need to file, but I just don't know enough and I don't want to screw it up in the middle of the process. Any resources are more than welcome. I'll even be willing to make any of my cases a "lab" of sorts so all can learn from it as we go.



-BT[/color]

Excellent effort fellas! I've been meaning to start just such a thread except I sign in and, before I know it, I've spent 2 hours bopping around from thread to thread reading all sorts of great material.



A suggestion for those in a position to do it, I've spoken with our long time family attorney, going on twenty years, about this very matter. I've asked and he's agreed to shepherd me through the process based on a reduced hourly rate of $100 per hour. I will do all of the research, write my own pleadings, do my own filings, appearances, etc. He is incorrigibly honest on his billing time so I expect to get a pretty good bang for the buck. I figure for a couple of hundred bucks, I'm going to get a hell of an education. I will share whatever work product I produce with you all so that we may all learn together.



If you can work out something similar, it may be a good way to go about it. I realize that most attorneys prefer to circle the wagons and keep us out. However, there are a few good and decent folks out there. They are mostly sole practioners who don't like the churn and burn, big monied firms, a/k/a mercenary armies.

Surprisingly, the best book I have read on the subject so far was the NOLO book on how to prepare and try a winning case.

HB, What is the dope on this NOLO book, title, author, publisher, ISBN?



Some questions:

1. Are you willing to learn enough to plan the whole case, start to finish, before you write one court document?

2. Do you have a Black’s?

3. Do you have the annotated trial rules for your state?

4. Do you know your way around a law library?

5. Do you have the fortitude to take some Society Of Birdwatcher yelling, threatening and intimidating you both verbally and in writing?

6. Can you lay out a flow chart with gobs of if/then scenarios?



If you get past these we will break each one of them down into about 10 questions each.

Prof. Jim

[weishaupt1776]

[color=black][b] Jim, I could only answer yes to 2, 3, & 5.

I am guessing that the Meatloaf tune does not apply in the least, "Don't be sad, cuz 3 out of 6 ain't bad"

Originally Posted by Jim

HB, What is the dope on this NOLO book, title, author, publisher, ISBN?



Some questions:

1. Are you willing to learn enough to plan the whole case, start to finish, before you write one court document?

2. Do you have a Black’s?

3. Do you have the annotated trial rules for your state?

4. Do you know your way around a law library?

5. Do you have the fortitude to take some Society Of Birdwatcher yelling, threatening and intimidating you both verbally and in writing?

6. Can you lay out a flow chart with gobs of if/then scenarios?



If you get past these we will break each one of them down into about 10 questions each.

Prof. Jim

1. Yes

2. Right beside me, Pretty Well worn from my use, Sixth Abridge edition.

3, At the local law library.

4. Pretty adept at that. One thing I haven't found is federal code annotated, but I haven't needed to look real hard there.

5. If you knew me better, you wouldn't need to ask that, but for sake of this thread, You can bank on that.

6. Probably. I'd want to memorize it for the most part if that's not too ambitious.





In all fairness, I have to admit to you that I am in a tough position with the clock ticking, so for #1, I need to disclaim that I may need to jump the gun on this one instance.



I won't make it a habit, but otherwise, I am going to be doing nothing, and we both know that isn't going to happen.



HB



Represent Yourself in Court: How to prepare and try a winning case



Authors Paul Bergman & Sara J. Nerman-Barrett (Both Scumsucking lawyers, but actually quite pleasant in their approach to Pro per.)



ISBN 0-87337-222-0



Publisher: Nolo.com





For Instance, On Quiet Title, I went and pulled all of the first level cases from the annotated that applied to me or looked to be support material. I pulled them from SE, Se2d, and F. I know how to sheperdize also.

If some of you need to know more about legal research, I suggest:



Basic Legal Research and Writing from Glencoe, Also written by two esquires. Edward A. Nolfi, and Pamela R Tepper. I've had mine for a few years. It is a textbook bought from the local community college. ISBN 0-02-801276-3



I am looking at it tomorrow in down time.

Weishaupt,

No, 3 of 6 aint bad. The bright side is only 3 to go.

HB,

You should get your own trial rules. Actually three of them one under your pillow, one beside the throne, and one to carry with you the other 23 hours of the day. Pulled the first level cases. Wonderful! Only two levels to go.



And your question: Do I sound like a friggin slave driver? Good, that’s just what I want to sound like. Your dedication has to be 110% and if you are in a rush, 25 hours in a day are hardly enough. You will write your plan then find something better and revise it, and again, and again… Then the same when you get to your docs. They will never be good enough to you but there will come a time when you say, “It is going in NOW.” Then you set and wait to find out if it was good enough and wonder what is the next wrench the bustards will throw in your works. And revise the plan again and write a new doc to counter the new wrench. BTW in one of those trail rules, place a permanent bookmark in the rules of evidence.

For what reasons can you appeal? Best know because you are writing your case with intention of appeal.

Prof. Jim

[TheBlackTruth]

<font color=darkblue face=tahoma>Does anyone have a sample civil complaint or template complaint for a false-arrest claim stemming from a traffic/vehicle code violation?[/color]