insurance company

I am looking for suggestions on how to handle this situation.

Briefly, my car was stolen 2 years ago. The insurance company has not settled. We have gone back and forth, sovereign issues and "I don't work for your company" stuff. Anyway, the bank that loaned me the "credit" sued the ins. co. They in turn sued me saying you have to do the examination under oath. Now their local attorney scum is doing everything he can to make it look like we did it. He even filed a motion for no evidence with the court last week.

What I want to know is how to proceed forward. I need to answer or file something against these crooks but I don't know what. I am broke and in exactly the position they want me to be in.

I also would like to know how to deal with the "court order" to appear for their trial. In my limited view, if I go then I am in their jurisdiction but if I don't, then they will most likely win cause there is no one to defend against them.

OK, that's about it. Trial is set for Dec 5. I could file a counterclaim against them and also demand a trial by jury (not jury trial), but based on recent court jury decisions, juries are either brain dead or bought by the other side?

Thanks for any suggestions,
Deacon D

[Judge Roy Bean]

Originally Posted by Deacon D

I am looking for suggestions on how to handle this situation.

Briefly, my car was stolen 2 years ago. The insurance company has not settled. We have gone back and forth, sovereign issues and "I don't work for your company" stuff. Anyway, the bank that loaned me the "credit" sued the ins. co. They in turn sued me saying you have to do the examination under oath. Now their local attorney scum is doing everything he can to make it look like we did it. He even filed a motion for no evidence with the court last week.

Deacon, unfortunately, you're making it look like you're trying to scam them with the sovereign issues.

If you refuse to testify (or be deposed) under oath, your testimony or deposition has no legal standing because you can say anything you want and not be held liable for perjury. In other words, without the oath, it doesn't count. Thus if you refuse to take the oath, the assumption is you have something to hide, as in, some kind of scheme to steal the car and defraud the insurance company.

Originally Posted by Deacon D

What I want to know is how to proceed forward. I need to answer or file something against these crooks but I don't know what. I am broke and in exactly the position they want me to be in.

I also would like to know how to deal with the "court order" to appear for their trial. In my limited view, if I go then I am in their jurisdiction but if I don't, then they will most likely win cause there is no one to defend against them.

If you don't appear, they will add that to the evidence that you're trying to scam someone, the hearing will be short and now you'll be looking at not only a civil judgment for the amount they lost but they will hand the case over to the prosecuting attorney's office for criminal fraud charges.

Originally Posted by Deacon D

OK, that's about it. Trial is set for Dec 5. I could file a counterclaim against them and also demand a trial by jury (not jury trial), but based on recent court jury decisions, juries are either brain dead or bought by the other side?

What grounds would you use to file a counterclaim? As it stands now, you don't have the vehicle and you don't have a settlement because you refused to testify or be deposed under oath. You have yet to have a claim for which relief can be granted. (And FYI - there is no difference between a trial by jury and a jury trial.)

Thanks for any suggestions,
Deacon D[/quote]
Let's assume for the moment that the car was indeed stolen from you two years ago. It was insured and under normal circumstances, a police report and your sworn affidavit would have been filed with the adjuster and the insurance company would have (based on the terms of the policy) issued a check to the bank and maybe another one to you if it was worth more than you owed on it.

The bank, however, got pissed off at the delay in getting paid, so they sued the insurance company. The insurance company, based on your behavior and statements, feels they may be able to get out of having to pay the bank for the car because they can point to your behavior and statements and accuse you of having unclean hands.

This is a lot simpler than you're trying to make it. You can stay out of court completely by simply providing the sworn affidavit of answers to their questions. If you have a problem with answering the questions, and you are broke as you say, your next court appearance will probably be as a result of a criminal summons.

[gldskr]

Deacon

The judge is right, don't make a mole hill into a mountain. You are entirely within the realm of a contract, the terms of which supercede any perceived law you wish to avoid or right you wish to retain. There is a maxim of law that states; "That which is not denied is assumed". By refusing to be deposed under oath you have given them the ammunition to deny your claim and question your credibility. By denying that you stole your car you have removed any assumptions drawn by the Ins. co. If they still have issues regarding the truthfulness of your statements those averments will have to be proven. Save yourself some heartache and give them the police report, answer their questions and wait for the check. Unless, of course, you did steal your car, but a good liar can still prevail.

No place did I say we refused to do their EUO (depose). We did that, and they are still trying to figure out how to make it look like we did something wrong other than the obvious...which was "listen insurance company, I don't work for you...". And yes, they claim to have a contract, but which they have not performed under.

So other than saying do the EUO, which we have done, then these comments don't say very much more. If we have no rights, then they win so why bother to fight them at all. Corporations own the slaves.

But thanks for the comments. I think we all have gone in different directions. I want to crush them, not be their lacky. My family is the damaged party here, not them.

But then again, I can see it from the other side. They think this and that, hope for an out and may even be willing to buy that. I don't trust any company that hauls in half a billion a year from the slaves and decides to try to get out of paying just because we're poor. But then we see that every day in the "land of the free".

OK, enuf of my beliefs. But I have a hard time just rolling over.

thanks

Not trying to be argumentative, but if we don't stop putting up with these corporations and their yes men (and women), when will it end?

I guess I just don't want to go down the road amerika is on. It is the case of "bridge out".