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RE: Bank Fucks Up - 7/27/2013 10:04:17 AM   
DaddySatyr


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The guy intended to break into a house. Breaking into houses and stealing cars is what a repo man does for a living.

That he broke into a house that he was not authorized to break into is another issue.

In his line of work, the bank says (and proves with legal documents): "This house is ours, now. Go gain entry and take possession for us".

Let me repeat: It's what he does for a living.

Now, he went to the wrong house. While it was his "bad", he was acting as an agent of the bank. He was "their guy".

If I hire you to go and get my bedroom set out of my ex wife's house and you take her big screen TV, I'm as culpable as you are.

I will repeat myself, again: "I want the bank president arrested and charged. We need to send a message to these pricks. It's OUR money; they're the ones 'borrowing' it."



Peace,



Billy The Kid


< Message edited by DaddySatyr -- 7/27/2013 10:05:41 AM >


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RE: Bank Fucks Up - 7/27/2013 10:53:33 AM   
Termyn8or


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"If I hire you to go and get my bedroom set out of my ex wife's house and you take her big screen TV, I'm as culpable as you are. "

I can hook you up with guys for that......

Yes, criminal charges are really not appropriate. Think of a situation in which someone buys a house online and has only seen pictures of it. Figure it is in a development and all the houses look the same. The new owner gets there and finds a bunch of "junk" and throws it out.

You would think that someone's insurance should cover that but if it doesn't say it does you can bet it doesn't.

In this case, I think the bank should pay treble damages retail. If there were old family pictures and shit, well they need to make a list or something and sue. And sue they must, the banks are a bunch of filthy fucking goniffs.

T^T

(in reply to DaddySatyr)
Profile   Post #: 22
RE: Bank Fucks Up - 7/27/2013 11:33:40 AM   
DarkSteven


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quote:

ORIGINAL: chatterbox24


quote:

ORIGINAL: DarkSteven


quote:

ORIGINAL: chatterbox24

I would interpret it not as criminal but ONE HUGE MISTAKE. The fact remains, they not only disrupted this womans life to the full extent, they got rid of her things, probably things in there that meant a lot to her. They owe her big time.


Lack of criminal intent does not mean that a criminal act has not occurred.

In a well publicized case in Boulder, a drunk young woman entered the wrong house. http://blogs.westword.com/latestword/2012/05/zoey_ripple_make_my_day_shooting_timothy_justice_doreen_orion.php

Even though there is no question that she had no intent of breaking the law, and was simply drunk-stupid, the fact that she DID got her charged with a felony.


Oh I thought you all were talking about the bank repossessing the wrong house, not a drunk woman. That's a lot different then what I was reading.


Young woman entering the wrong house -> felony trespass.
Bank employees entering the wrong house -> Also felony trespass.

The situations are identical legally. Both parties entered a house they had no business entering. In the case of the bank employees, I assumed they broke the locks too.

_____________________________

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The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

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RE: Bank Fucks Up - 7/27/2013 2:04:09 PM   
DarkSteven


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quote:

ORIGINAL: DomKen

After thinking about it proving B&E or theft might be difficult since those crimes do require intent and that is missing in this case. Although the civil tort should be a big winner. I cannot believe the banks insurance provider would want this case anywhere near a jury.


Read the article I linked. A woman was charged with felony trespass with no intent needed to be proven.

quote:

ORIGINAL: chatterbox24

Oh I thought you all were talking about the bank repossessing the wrong house, not a drunk woman. That's a lot different then what I was reading.


Nope. The cases are very similar. In both cases, criminal trespass occurred, and in both cases no criminal intent was present.

_____________________________

"You women....

The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

Quit fretting. We men love you."

(in reply to DomKen)
Profile   Post #: 24
RE: Bank Fucks Up - 7/27/2013 2:32:29 PM   
DomKen


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quote:

ORIGINAL: DarkSteven


quote:

ORIGINAL: DomKen

After thinking about it proving B&E or theft might be difficult since those crimes do require intent and that is missing in this case. Although the civil tort should be a big winner. I cannot believe the banks insurance provider would want this case anywhere near a jury.


Read the article I linked. A woman was charged with felony trespass with no intent needed to be proven.

I'm not saying charges could not be brought but that I doubt a conviction could be obtained. In legalese the bank and its agent lacked the mens rea to make this a crime.

There is certainly a tort and I would assume she could get a large enough settlement to live on quite comfortably for the rest of her life.

(in reply to DarkSteven)
Profile   Post #: 25
RE: Bank Fucks Up - 7/27/2013 2:38:31 PM   
DarkSteven


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Ken, the criminal charges of trespass would be a pain for the bank to defend. The state would prosecute, not the woman herself, meaning that she could not benefit from a conviction but wouldn't need to shell out anything to make the banks suffer. I suggested it as a low-maintenance way to screw the banks back.

I'm not a lawyer myself, although I beat one on a regular basis.

Her damages are limited to $18K unless she's awarded punitives. If she shoots for a jury trial, she may well get awarded some significant money there.

_____________________________

"You women....

The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

Quit fretting. We men love you."

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RE: Bank Fucks Up - 7/27/2013 2:43:55 PM   
tj444


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quote:

ORIGINAL: DomKen
I would assume she could get a large enough settlement to live on quite comfortably for the rest of her life.

Has anyone heard of that ever actually happening, other than for Bank CEOs retirement/severance packages???..

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RE: Bank Fucks Up - 7/27/2013 3:10:26 PM   
DomKen


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From: Chicago, IL
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quote:

ORIGINAL: tj444


quote:

ORIGINAL: DomKen
I would assume she could get a large enough settlement to live on quite comfortably for the rest of her life.

Has anyone heard of that ever actually happening, other than for Bank CEOs retirement/severance packages???..

All the time.

(in reply to tj444)
Profile   Post #: 28
RE: Bank Fucks Up - 7/27/2013 3:12:51 PM   
DomKen


Posts: 19457
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From: Chicago, IL
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quote:

ORIGINAL: DarkSteven

Ken, the criminal charges of trespass would be a pain for the bank to defend. The state would prosecute, not the woman herself, meaning that she could not benefit from a conviction but wouldn't need to shell out anything to make the banks suffer. I suggested it as a low-maintenance way to screw the banks back.

I'm not a lawyer myself, although I beat one on a regular basis.

Her damages are limited to $18K unless she's awarded punitives. If she shoots for a jury trial, she may well get awarded some significant money there.

she would of course go for punitive damages. Loss of momentos without significant monetary value, the stress of being locked out of her hame and losing her possessions etc.

I doubt the insurance company would let it go to trial. they'll offer a settlement and find a number she'll take.

(in reply to DarkSteven)
Profile   Post #: 29
RE: Bank Fucks Up - 7/27/2013 3:47:06 PM   
MrRodgers


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quote:

ORIGINAL: pahunkboy

what about the bank? dont they have rights too? why did the banks fund obama?

Isn't capitalism fun ?

The banks fund everybody and anybody...including Hitler when they thought it was in their interest.

(in reply to pahunkboy)
Profile   Post #: 30
RE: Bank Fucks Up - 7/27/2013 7:00:01 PM   
Termyn8or


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Joined: 11/12/2005
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quote:

Young woman entering the wrong house -> felony trespass.
Bank employees entering the wrong house -> Also felony trespass.


Tenet of law in the US is SUPPOSED to be that there is no crime without intent. Neither of those cases should have been charged as such. Wrecklessness in that regard I can understand, but not a felony.

but then calm heads under these circumstances no longer prevail. It is always a knee jerk reaction one way or another.

T^T

(in reply to DarkSteven)
Profile   Post #: 31
RE: Bank Fucks Up - 7/27/2013 7:39:21 PM   
tj444


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quote:

ORIGINAL: DomKen

All the time.

let me rephrase.. Has anyone any proof (links) of that ever actually happening, other than for Bank CEOs retirement/severance packages???..

_____________________________

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Profile   Post #: 32
RE: Bank Fucks Up - 7/27/2013 8:03:35 PM   
Termyn8or


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quote:

I doubt the insurance company would let it go to trial. they'll offer a settlement and find a number she'll take.


Yeah, well one day they will come across a real son of a bitch like me with a Jewish lawyer who will clean their fucking clock. I LOVE Jewish lawyers.

And don't gimme this I am anti Jew shit, the reality is I am a Jew in almost everything but blood. (and the pork thing) I would rake them over the fucking coals for two reasons. Number one fuck them banks for what they did and number two they got deep pockets. I have already dealt with shit motherfuckers like that.

I would go for two million. Lump sum, no fucking structured settlement either. Those are the biggest ripoffs in the fucking world. They want to make payments, OK, the first payment of two million is due in thirty days, then you can make as many more payments as you like.

It's a proven fact that insurance adjusters haven't a chance with me either. And I make sure there ain't a fucking thing they can do about it.

T^T

ETA : In fact I would refuse all settlements until they were really crying. I can tell when it really is the final offer. I have a knack for that.

ETA AGAIN : BTW, if you ever find yourself in a similar situation. make them SWEAR that they cannot return your belongings if you can. then you got carte blance.

< Message edited by Termyn8or -- 7/27/2013 8:10:53 PM >

(in reply to DomKen)
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RE: Bank Fucks Up - 7/27/2013 8:11:40 PM   
Termyn8or


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We ain't paying retial, YOU ARE GOING TO BEG TO PAY RETAIL WHEN I GET DONE WITH YOUR ASS.

T^T

(in reply to Termyn8or)
Profile   Post #: 34
RE: Bank Fucks Up - 7/27/2013 8:25:37 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
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quote:

ORIGINAL: tj444


quote:

ORIGINAL: DomKen

All the time.

let me rephrase.. Has anyone any proof (links) of that ever actually happening, other than for Bank CEOs retirement/severance packages???..

You have never heard of a lawsuit being settled? Do you really think those cases where the injured is sure to win are settled for chump change?

(in reply to tj444)
Profile   Post #: 35
RE: Bank Fucks Up - 7/27/2013 11:57:44 PM   
Termyn8or


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Yes, if they ain't smart and don't have a smart and good lawyer.

T^T

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Profile   Post #: 36
RE: Bank Fucks Up - 7/28/2013 5:00:28 AM   
DarkSteven


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Joined: 5/2/2008
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quote:

ORIGINAL: Termyn8or

Yeah, well one day they will come across a real son of a bitch like me with a Jewish lawyer who will clean their fucking clock. I LOVE Jewish lawyers.

And don't gimme this I am anti Jew shit, the reality is I am a Jew in almost everything but blood. (and the pork thing)


So you're a Jew in everything except blood and kashrut? You celebrate the High Holy Days? You attend synagogue? You study and discuss Torah? You have mezuzot at your residence? You practice tzedakah? You refrain from working on Shabbes? You daven regularly? You recognize the yahrzeits of loved ones? You pray for peace for the world? You speak Hebrew and Yiddish/Ladino?

I don't do all the above-listed myself, but since you're claiming to be Jewish, I thought I should at least inform you what that entails.

Feel free to claim that you're a PhD in botany next.





_____________________________

"You women....

The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

Quit fretting. We men love you."

(in reply to Termyn8or)
Profile   Post #: 37
RE: Bank Fucks Up - 7/28/2013 7:30:31 AM   
tj444


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Joined: 3/7/2010
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quote:

ORIGINAL: DomKen

You have never heard of a lawsuit being settled? Do you really think those cases where the injured is sure to win are settled for chump change?

Oh I have heard of banks settling but not for much, heck the banks paid out miniscule amounts for screwing homeowners in forclosures and their checks bounced!.. I have never heard of a bank paying out/settling a lawsuit for so much money that the plaintiff ended up living quite comfortably for the rest of their lives.. except for the Bank CEOs..

http://abcnews.go.com/Business/foreclosure-settlement-checks-bounce/story?id=18986369

_____________________________

As Anderson Cooper said “If he (Trump) took a dump on his desk, you would defend it”

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Profile   Post #: 38
RE: Bank Fucks Up - 7/28/2013 11:23:59 AM   
Termyn8or


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Joined: 11/12/2005
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quote:

Feel free to claim that you're a PhD in botany next.


Let's just say non-practicing. I would nail up Joshua bar Joseph in a heartbeat. Unfortunately that's what trying to learn about Christianity has done for me. No afterlife, no St. Peter. You only go around once. That is about all the credo I have anymore.

Yes, Mr. Rubenstein and I would have a fucking field day with this bank. Sharp motherfucker I tellya. We had the whole thing figured out about if the RIAA ever came a suing too.

It's probably more that I am more like the stereotype than the stereotype, at least now. I have changed a bit since I've been away. And actually, except for the pork I really do prefer Kosher foods if I can get it. It may be by accident, but I'm pretty sure it is healthier.

Just don't take it the wrong way, the stereotype exists whether true or not and it is not a crime to refer to it. I referred more to that than actual faith. Strangely, I have been coming to find some measure of logic in the old Judaic laws, as hard as that may be to believe. Maybe one day I'll figure out how to start a thread on that tactfully, but that may be after my dissertation on botany.......

Don't hold your breath, the only thing I seem to be able to grow is mold. Need any penicilin ?

Feel free to refer to some Polish stereotypes if you wish, I won't take offense.

T^T

(in reply to DarkSteven)
Profile   Post #: 39
RE: Bank Fucks Up - 7/28/2013 5:30:12 PM   
DarkSteven


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Joined: 5/2/2008
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I don't have any desire to subject Poles to any stereotype. I ask you do the same to the Jews.

_____________________________

"You women....

The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

Quit fretting. We men love you."

(in reply to Termyn8or)
Profile   Post #: 40
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