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View Full Version : How do I file a TORT?


Big John
12-29-2012, 4:49 AM
I cant find any reliable information on this anywhere. I need to file a TORT act claim immediately, please help. No links to lawyers or any nonsense, ive been down that road for over a year with no luck. Thank you.

Jarrod
12-29-2012, 4:57 AM
I think if you could explain how this is related to the 2nd Amendment, it would help folks steer you in the right direction.

prkprisoner
12-29-2012, 5:39 AM
Small claims court or get an attorney for civil court.

spamsucker
12-29-2012, 6:05 AM
open the O-Z drawer and find the T divider?

RandyD
12-29-2012, 6:51 AM
Attorney here. A tort is a civil wrong that is plead as a cause of action in a lawsuit. I am not certain what you mean by stating that you want to file a tort.

gotshotgun?
12-29-2012, 7:42 AM
Newb attorney here. What RandyD said is spot on. You can't "file" a tort. You can file paperwork with the courts that initiates a lawsuit and that suit can be based on a tort (negligence for example) as its cause of action.

Fjold
12-29-2012, 9:15 AM
I cant find any reliable information on this anywhere. I need to file a TORT immediately, please help. No links to lawyers or any nonsense, ive been down that road for over a year with no luck. Thank you.

Since your post makes no sense, you'd better get over your predjudice about lawyers or you're not going to have any more "luck"

Paladin
12-29-2012, 9:51 AM
I'd rather eat a tort! ;)

But seriously, IIRC, a tort is a non-criminal, non-contract, non-real property injury that has a remedy at law. IOW, "tort" is a grab bag "other" category of various legal claims (or causes of action), it is not a cause of action in itself. It is just the name of a category of claims.

AyatollahGondola
12-29-2012, 10:05 AM
I cant find any reliable information on this anywhere. I need to file a TORT immediately, please help. No links to lawyers or any nonsense, ive been down that road for over a year with no luck. Thank you.

You want help from non-lawyers to engage in a civil court action? Reminds me of a customer of mine many years back. I sold him a commercial meat saw, and told him he needed an electrician to hook it up in his store. A week later he calls me demanding his money back because the saw didn't work. He got it running and when he tried to cut a chunk of beef with bone, it flew up and smacked him in the face. After I looked at it, I determined that the rotation was wrong, and told him that it matters which wires on 3 phase are connected to get the motor going the right direction. And I asked him who hooked it up, and he tells me the plumber did it.

Californio
12-29-2012, 10:07 AM
Torta is better:D

I'd rather eat a tort! ;)

But seriously, IIRC, a tort is a non-criminal, non-contract, non-real property injury that has a remedy at law. IOW, "tort" is a grab bag "other" category of various legal claims (or causes of action), it is not a cause of action in itself. It is just the name of a category of claims.

therealnickb
12-29-2012, 10:11 AM
I cant find any reliable information on this anywhere. I need to file a TORT immediately, please help. No links to lawyers or any nonsense, ive been down that road for over a year with no luck. Thank you.

I'd file it under T. Right before torts and right after torsion.

therealnickb
12-29-2012, 10:12 AM
open the O-Z drawer and find the T divider?

Damn you beat me....:D

Smokeybehr
12-29-2012, 10:14 AM
I would strongly recommend that you seek the advice of an attorney to assist you with whatever lawsuit you may want to file. He will help you craft the complaint in a way that will get your case heard, and will help to get your evidence in line and properly filed.

Laythor
12-29-2012, 10:16 AM
Here you go OP:


put this...
http://i.imgur.com/h6T3M.jpg


in this....
http://i.imgur.com/AhYyB.jpg

paul0660
12-29-2012, 10:27 AM
for over a year

Amazing it took that long to ask for real help.

paul0660
12-29-2012, 10:27 AM
for over a year

Amazing it took that long to ask for real help.

-hanko
12-29-2012, 10:31 AM
I cant find any reliable information on this anywhere. I need to file a TORT immediately, please help. No links to lawyers or any nonsense, ive been down that road for over a year with no luck. Thank you.
Ambien morning, huh?:rolleyes:

He who is his own attorney, etc. ...:D

Happy New Year.

SWalt
12-29-2012, 10:41 AM
ummmmm.........

a paralegal might help. they atleast speak legalese

keenkeen
12-29-2012, 10:46 AM
Go get them OP...

I am so sick of all them damn tortfeasors running around.

cruising7388
12-29-2012, 11:51 AM
Quote:
Originally Posted by Big John
I cant find any reliable information on this anywhere. I need to file a TORT immediately, please help. No links to lawyers or any nonsense, ive been down that road for over a year with no luck. Thank you.

Since your post makes no sense, you'd better get over your predjudice about lawyers or you're not going to have any more "luck"


Probably just a typo. He wants some help to find a tart.

fiddletown
12-29-2012, 12:25 PM
I cant find any reliable information on this anywhere. I need to file a TORT immediately, please help. No links to lawyers or any nonsense, ive been down that road for over a year with no luck. Thank you.This might help: Win Your Lawsuit, Sue in California Superior Court Without a Lawyer (http://www.nolo.com/products/win-your-lawsuit-slwy.html) (Nolo Press, 2010).

Here are some of the things involved in filing a lawsuit based on a tort (breach of an obligation not arising from contract) if you plan to sue in a court other than Small Claims Court:

Decide who to sue. This isn't always obvious. There may be a number of people or entities who could be held responsible for any harm you suffered. You need to sue the right people. Knowing how to figure out who to sue is something that lawyers know about, but you might not.


Make sure that you have done anything you need to do before filing the suit. If you're suing a governmental entity, for example, you usually will have to file an administrative claim first. This is another thing lawyers know about.


Decide in what court to sue. The court you may choose will depend on a number of factors like where the thing happened, where you live, where the people you're suing live, etc. And you might have a choice between suing in state court and suing in federal court. Lawyers understand how to work all that out.


Write a complaint. A complaint is the first document in a lawsuit. It describes your claim, i. e., why you're entitled to get money from the person you are suing. It has to be in proper form and cover certain key elements. There are form complaints for some types of claims, and these have blanks to be filed out. Deciding whether to use a form complaint or to write one out, and deciding how to write the complaint (or fill out the form) are things lawyers know about, but you might not.


Take a number of copies of the complaint down to the clerk of the court in which you're suing. You will pay a filing fee and get one or more summons. The summons is essentially an order addressed to the person(s) you are suing that he (they) respond to the complaint. The summons and a copy of the endorsed (stamped by the clerk of the court) complaint needs to be served on the person(s) you are suing. There are a number of ways to serve a complaint, and that's something else lawyers know about.


Once a complaint is served, the person served needs to respond. He could simply answer the complaint. If so, the next step is discovery: a formalized exchange of information in preparation for either a trial or some other further proceeding. Or he could file a motion to dismiss, basically saying the on the face of things you have no claim; and if so, you would need to respond in a proper, formal way and then go in front of a judge to argue about it. Again, these are all things a lawyer knows about.


So you can see that there are a lot of details that need to be dealt with. You can try to learn how to do it all yourself, or you can hire a lawyer who already knows how to do it all.
If you've tried working with a lawyer on this but haven't gotten anywhere, one reason might be that you really have no case or there might be some other reason why pursuing this might be a waste of time (e. g., the guy you want to sue has no money to pay you if you win).

Big John
12-30-2012, 11:37 AM
Well since you all seem to know so well whats going on here, let me really fill you in a little bit. Last November I was wrongfully arrested, i was in jail for 5 days, never given a phone call, never read my rights, they came into my home without a search warrant or permission. I immediately asked a California specific pro gun group for help and was given the run around, was told good luck. I was reffered to several lawyers, and again was told good luck... unless I wanted to drop some serious money. I have none. So, for 8 months I fought by myself in the court and won my case without a lawyer, just a public defender that did not do a single thing for me. Nearly a year later I was contacted again by the lawyer and this particular pro gun group in CA said they would pay for the lawyer simply to get my guns and other personal property back because now the police department is refusing to return my property even though I already have a court order for them to do so. We are talking a hair under $20,000 in property, so this is not small claims. I met with the lawyer, we went over everything, made copies of papers and court records, was given the contract, the pro gun group based in CA approved the funding for the lawyer to help me, I was told it was a go ahead. Now I havent heard anything in months about whats happening. I like this lawyer, he just seems very busy with other cases. I was told by the lawyer I would have to file a TORT which is a prerequisite to filing a lawsuit against the government, it gives the government a notice that they are possibly going to be sued so they can settle out of court. Now, all of you sideline know it alls please do an about face and walk out of this thread. I asked for help, not a holier than thou speach from some one who doesnt know a thing whats going on.

Big John
12-30-2012, 11:51 AM
fiddletown, thank you for the helpfull information. Unfortunately the other responses I got are exactly the reason why Ive been a member here since 2007 and only have 30 some odd posts, to many uneducated know it alls with to much time and not even knowledge on their hands. Im a gunsmith, and have worked at class 3 ffl's for years... so I do know a thing or two about laws. It amazes me that no one here knows of filing a "tort claim" prior to being able to sue a government entity... thats exactly how it was explained to me by said high priced lawyer... and they act like im the idiot!

AyatollahGondola
12-30-2012, 12:25 PM
Well since you all seem to know so well whats going on here, let me really fill you in a little bit. Last November I was wrongfully arrested, i was in jail for 5 days, never given a phone call, never read my rights, they came into my home without a search warrant or permission. I immediately asked a California specific pro gun group for help and was given the run around, was told good luck. I was reffered to several lawyers, and again was told good luck... unless I wanted to drop some serious money. I have none. So, for 8 months I fought by myself in the court and won my case without a lawyer, just a public defender that did not do a single thing for me. Nearly a year later I was contacted again by the lawyer and this particular pro gun group in CA said they would pay for the lawyer simply to get my guns and other personal property back because now the police department is refusing to return my property even though I already have a court order for them to do so. We are talking a hair under $20,000 in property, so this is not small claims. I met with the lawyer, we went over everything, made copies of papers and court records, was given the contract, the pro gun group based in CA approved the funding for the lawyer to help me, I was told it was a go ahead. Now I havent heard anything in months about whats happening. I like this lawyer, he just seems very busy with other cases. I was told by the lawyer I would have to file a TORT which is a prerequisite to filing a lawsuit against the government, it gives the government a notice that they are possibly going to be sued so they can settle out of court. Now, all of you sideline know it alls please do an about face and walk out of this thread. I asked for help, not a holier than thou speach from some one who doesnt know a thing whats going on.

fiddletown, thank you for the helpfull information. Unfortunately the other responses I got are exactly the reason why Ive been a member here since 2007 and only have 30 some odd posts, to many uneducated know it alls with to much time and not even knowledge on their hands. Im a gunsmith, and have worked at class 3 ffl's for years... so I do know a thing or two about laws. It amazes me that no one here knows of filing a "tort claim" prior to being able to sue a government entity... thats exactly how it was explained to me by said high priced lawyer... and they act like im the idiot!

Big John,

I'm sorry if we let you down a bit here, but in our defense, your initial presentation was incredibly flawed. I think you should have posted your second to the last post first.

fiddletown
12-30-2012, 12:33 PM
Big John,

I had a quick look and didn't see any sort of quick guide to filing an administrative claim of the sort you will need to file. This is indeed the first step in suing a governmental entity, and it does need to be done in the proper manner.

I suggest that you follow up with your lawyer and press him a bit.

tomk556
12-30-2012, 1:25 PM
You need to talk to your attorney and straighten all this out. Alternatively, you need to hire an attorney. That's not the answer you want, but that is the answer. You're dealing with an immensely complicated matter and you're not going to succeed as a pro se plaintiff, not a chance. All you're going to do is waste your time, money and let the statute of limitations run.

Moreover, I frankly also think you need to change your attitude if this is how you conduct yourself when you're looking for an attorney. Plenty of attorneys take cases pro bono because they want to help. For plenty of attorneys this case won't be especially difficult and it sounds like a lot of the legwork has already been done. From your posts it looks like you have an axe to grind and you come off sounding like you want a bunch of stuff for free; I doubt you like doing work for free, especially when someone thinks they're entitled to it. I'm also guessing the facts of the matter aren't exactly how you have described them above. That doesn't really affect your claim which on its face looks to have plenty of merit. However, if you exaggerate the facts or omit details you feel aren't relevant or that you simply don't like when you speak with an attorney who is deciding whether to take your case he or she is going to peg you as a pain in the *** client and won't take the case. Every attorney has had a pro bono client like you and it's the reason a lot of attorneys say to hell with it.

A lawsuit like this is very rarely an exciting, efficient, or vindicating experience. Rather, it's simply a big procedural mess. Calm down, think about everything as rationally as possible (chances are this means swallowing a whole bunch of BS and substantially altering the idea of what you think is "right" here) and proceed. Legally, some of the things you're saying don't make a lot of sense. I have the impression the lawyer you're working with has given you advice that you don't like. It would be weird for him/her to leave you to file a claim like this on your own so chances are he/she was hired for a different purpose. If this is indeed the case I suggest you keep the first sentence of this paragraph in mind and reexamine what your goals are.

Good luck.

Big John
12-30-2012, 2:34 PM
Moreover, I frankly also think you need to change your attitude if this is how you conduct yourself when you're looking for an attorney. .... From your posts it looks like you have an axe to grind and you come off sounding like you want a bunch of stuff for free; I doubt you like doing work for free, especially when someone thinks they're entitled to it. I'm also guessing the facts of the matter aren't exactly how you have described them above. That doesn't really affect your claim which on its face looks to have plenty of merit. However, if you exaggerate the facts or omit details you feel aren't relevant or that you simply don't like when you speak with an attorney who is deciding whether to take your case he or she is going to peg you as a pain in the *** client and won't take the case. Every attorney has had a pro bono client like you and it's the reason a lot of attorneys say to hell with it.

A lawsuit like this is very rarely an exciting, efficient, or vindicating experience. Rather, it's simply a big procedural mess. Calm down, think about everything as rationally as possible (chances are this means swallowing a whole bunch of BS and substantially altering the idea of what you think is "right" here) and proceed. Legally, some of the things you're saying don't make a lot of sense. I have the impression the lawyer you're working with has given you advice that you don't like. It would be weird for him/her to leave you to file a claim like this on your own so chances are he/she was hired for a different purpose. If this is indeed the case I suggest you keep the first sentence of this paragraph in mind and reexamine what your goals are.

Its not suppose to be exciting, and the purpose of these groups is to protect peoples rights and help them legally, is it not? Thats why they are there. It really sucks that they are only offereing help after the fact, then dont follow through. Any one would be upset about this.

You should not assume anything. The only thing the lawyer asked me to do that I have not is give him phone records of when I was calling the police department to get my items back, and names of officers i spoke with. I cant get this information. I sent this lawyer several emails with no response, and this was after I was already told I would be getting representation. I call that being ignored, and yes it is upsetting. I have no problem doing this alone, I did everything else by myself to begin with... I just dont want to be left on the hook waiting around to see if they will come through or not. If not, please let me know so I can start this process by myself. I have no problem going down to the court and making a date to have another court order given to release my property. I wanted to give the pro gun group based in CA a chance at a lawsuit to make some money in the interest of justice, if they dont want it then that is their loss not mine.

therealnickb
12-30-2012, 2:41 PM
Well since you all seem to know so well whats going on here, let me really fill you in a little bit. Last November I was wrongfully arrested, i was in jail for 5 days, never given a phone call, never read my rights, they came into my home without a search warrant or permission. I immediately asked a California specific pro gun group for help and was given the run around, was told good luck. I was reffered to several lawyers, and again was told good luck... unless I wanted to drop some serious money. I have none. So, for 8 months I fought by myself in the court and won my case without a lawyer, just a public defender that did not do a single thing for me. Nearly a year later I was contacted again by the lawyer and this particular pro gun group in CA said they would pay for the lawyer simply to get my guns and other personal property back because now the police department is refusing to return my property even though I already have a court order for them to do so. We are talking a hair under $20,000 in property, so this is not small claims. I met with the lawyer, we went over everything, made copies of papers and court records, was given the contract, the pro gun group based in CA approved the funding for the lawyer to help me, I was told it was a go ahead. Now I havent heard anything in months about whats happening. I like this lawyer, he just seems very busy with other cases. I was told by the lawyer I would have to file a TORT which is a prerequisite to filing a lawsuit against the government, it gives the government a notice that they are possibly going to be sued so they can settle out of court. Now, all of you sideline know it alls please do an about face and walk out of this thread. I asked for help, not a holier than thou speach from some one who doesnt know a thing whats going on.
Here's the issue. Within our laws we rely on language. As others have pointed out, you don't file a tort. A tort is a wrongful act. You file a claim for damages that occurred from a tort. Then you file your lawsuit if you don't get the response you want from the claim.

http://www.ehow.com/how_4441291_file-government-tort-claim.html

I know, not the greatest source in the world, but you need legal help. An internet forum isn't the best place to get it IMO. Not many lawyers give away very much knowledge for free.

As others have also said, a little more info in the OP would have attracted less joking.

Hope it all works out.

Big John
12-30-2012, 4:40 PM
I was not aware this was a place for joking or belittling people asking for help, a legal advice forum on a 2nd amendment preservation website? Seriously? If you want to tell jokes about people go to a comedy forum. I am really shocked that saying "filing a tort" and "filing a tort claim" is such a huge difference that no one understood what I meant... I mean Im no genious but I think I could have figured that out.

therealnickb
12-30-2012, 5:35 PM
Dude, I'm feeling for you and I truly feel bad now. But as I said, a little background and detail would have provided a completely different response from 98% + IMO.

Lots of folks are posting from phones and pods. We don't always see clearly what forum it's under. In addition, there is a ton of bologna posted here every day.

Again, good luck and I hope it all works out.

tomk556
12-30-2012, 5:54 PM
Call you lawyer. Don't email him, call him. If that doesn't work "drop by" his office. If he's not there when you drop by, drop by again or make an appointment to see him. If that doesn't work, call this organization who is paying him to represent you. This sounds like this can be resolved simply by managing your lawyer better. If this is simply about getting your weapons back from the police I don't see why you would need to file a claim, let him sort it out. At this point this may well be just a negotiation with the police, one, which based upon the tone of your posts, you should probably stay out of completely.

Once again I think you should work on your attitude here. I regret that that sounds condescending but you come across as poisonous. Above, you literally say you're doing these groups a favor by letting them represent you... We don't need to waste time winning internet battles or picking apart the inferences of posts, just call your lawyer, say happy holidays, and ask for an update. That's the path you need to work with. Going it alone is going to be a waste of time.

Again, good luck.