If I copy and paste the agreement I need to sign to start my lemon lawsuit, Could any of you guys read over it and let me know everything is legit? I am not very knowledgable of law terms and just want to make sure everything is ok to sign it away. If any of you can help, I will post it as soon as you reply. Thanks guys! :thumb:
Nevermind guys It states at the bottom that I can't copy it or i'm in trouble, haha, thanks anyways!
ISNT YOUR LAWYER LOOKING IT OVER? HE SHOULD ADVISE YOU ON THIS.
I don't have a lawyer. I'm just using an attorney to file the lawsuit.
Anyone know in english what this paragraph states??? Thanks
By signing this agreement, you (a) give me a lien upon all claims, settlement or judgment funds and proceeds you are entitled to receive in this matter, and (b) give me a limited power of attorney to sign your name to any settlement check in order to deposit it into my Trust Account and you authorize me to distribute the proceeds in accord with this agreement, and (c) give me a limited power of attorney to sign your name to any title documents to transfer the vehicle where it may be bought back by any party as part of a settlement of, or judgment rendered in, your case;
A. By signing, you agree that if you are unable or unwilling to pay him his fee, he has the legal right to garnish anything you may win in the lawsuit in its place.
B. You give him a very limited power of attorney to sign your name on anything you may win, and deposit it into his account instead of yours, and he will do any disbursing of the winnings.
C. You give him the legal right to sign your name for you on the title of the vehicle if it has to do with this legal proceeding. (i.e, if he needs to sign it over to the dealership to get you a new one, or a refund, etc)
Keep in mind, I'm not a lawyer, nor have I ever studied law. I'm just going off of my general knowledge (two lawyers in the family), and what I can garner from the actual definitions of these words.
So is this juit something that has to be in there as a legality or do you guys think am I going to get screwed out of some cash $ ?
It's all there as a legality. If the title needs to be signed, he can do it, in your place. If a check needs to be signed, he can do it in your place. As for the lien.. it's fairly standard in the construction industry down here. That way, if you decide you're gonna try to shaft him, you can't, cuz he's got the legal right to everything you win.
Ok, so it's there to protect his ass in case I try to pull something. Makes sense now. Those attorneys think of everything don't they? haha. I think I'm ready to file. Suzuki is going down. :thumb: Thanks a lot guys!
Grrr @ the word lien.
Good luck with your case.
The only thing that bugs me is that the conditions of the lien in part (a) are not specified. Is the attorney's fee explicitly stated in a different section of the contract? I would assume it is but if not you're basically agreeing to hand over whatever judgement you receive.
-M
Quote from: Mandres on August 03, 2006, 07:30:32 PM
The only thing that bugs me is that the conditions of the lien in part (a) are not specified. Is the attorney's fee explicitly stated in a different section of the contract? I would assume it is but if not you're basically agreeing to hand over whatever judgement you receive.
-M
+1
I didn't mention that, as I assumed they'd be stated specifically somewhere else. But you know how assumptions work.
heres the whole agreement guys.
We agree to handle your case on the basis as explained below. You agree to pay a $225 deposit on the costs that may be incurred in your case.
We agree to represent you in negotiation and litigation of your claims up to and including a trial in Court and you agree to cooperate and follow my advice on all material matters;
The attorney fee we get shall be contingent upon the result obtained. You have no legal obligation to pay me any fee if nothing is recovered. We will make the defendant(s) pay the legal fees as part of your settlement, or we do not get paid;
If a settlement offer is made, then I agree to tell you what it is and what it means and what I think about it, and you then have the right to decide whether or not to accept the offer. I have the right to decide whether or not to accept the amount being offered for attorney fees and costs to us;
If you terminate this agreement before settlement or you settle your case once you have retained our services, then you agree you will pay us for the time we have spent on your case so far.
By signing this agreement, you (a) give me a lien upon all claims, settlement or judgment funds and proceeds you are entitled to receive in this matter, and (b) give me a limited power of attorney to sign your name to any settlement check in order to deposit it into my Trust Account and you authorize me to distribute the proceeds in accord with this agreement, and (c) give me a limited power of attorney to sign your name to any title documents to transfer the vehicle where it may be bought back by any party as part of a settlement of, or judgment rendered in, your case;
I HAVE READ THIS AGREEMENT AND RECEIVED A COPY OF IT AND AGREE TO ITS TERMS AND CONDITIONS; THERE ARE NO ORAL OR OTHER AGREEMENTS BETWEEN YOU AND US.
06GSOwner,
Have you filed a complaint with the National Highway Traffic Safety Administration? If not, I would recommend doing it as soon as possible. It's easy to do and only takes a few minutes. You can do it online here:
http://www-odi.nhtsa.dot.gov/ivoq/index.cfm
This is how recalls get issued. If enough people send in complaints about the same problem, the NTHSA contacts the manufacturer and has them issue a recall. I have already filed my complaint. File yours and let's make sure this doesn't happen to anyone else.
Thanks Shark, Just filed my complaint as well.