Friend is stuck in a truly fscked up situation *updated*

[kami]

With this joke of a justice system, I wouldn't be surprised if she got charged or thrown in jail for this garbage. I can't believe the mother would come and abuse her! Obviously the entire family is screwed up, she doesn't give a rats ass about her dying son, and all she wants is money. Words cannot describe the worthlessness of human beings such as this. Just a total WASTE.

Totally unbelievable...best of luck to her.

 

[b0mbrman]

Yeah...the law punishes people like your friend and goes easy on baby-killers...it's silly sometimes

 

[fataIerror]

Someone's not a happy puppy tonight. Geez give the guy a break. Who are you to decide if he's telling the truth or not?




<< reitz, you are full of cr@p. Next time come up with a story that is at least partially believeable. I would say that your post sounds like a cheap novella, except that cheap novellas are at least based somewhat on the truth. >>

 

[reitz]

<< What did it have her saying on the tape? There will be a difference between:

"Please leave me alone! I am not interested in talking to you anymore"

and

"Get the fvck away from me motherfvcker. I hope you kill yourself and rid this planet from your menial existance." >>

Unfortunately, the tape (as it was described to me) isn't very flattering. She was smart in that she said absolutely nothing when he threatened to kill himself, and told him she was hanging up before she did, but she said some pretty nasty things. She basically said to "Fsck off" and repeated that she does not want to see him or hear from him again, using some of the foulest language possible.

<< And actually, I'd file something against the guy while he is still alive too. >>

I suggested that, but I'm not sure if it's possible, or how to go about doing it if it is.

<< I'm not sure how they plan on using the phone recording, if she didn't know she was being recorded I don't think it will be admissable. >>

AFAIK, it's permissable to record phone calls in PA as long as one party is aware of it.

<< Tell her to sign over everything she owns to family members she can trust before this goes to trial just in case. >>

I'll suggest that. Unfortunately, she's got a trust fund worth around $60k that her grandfather set up before he died. She can't touch the money until she's 25, so she can't "hide" it.

 

[b0mbrman]

I'll tell you one thing...whatever sort of penalty they give your friend, they should *double* it for the guy's mother...for raising such a f*cked-up piece of sh*t :|

 

[HappyPuppy]

She cannot be prosecuted or sued for spurning his advances. If he off's himself that's his tough luck. She had nothing to do with it unless she handed him the drugs.

 

[reitz]

<< reitz, you are full of cr@p. Next time come up with a story that is at least partially believeable. I would say that your post sounds like a cheap novella, except that cheap novellas are at least based somewhat on the truth. >>

Get bent.

<< When she blocked his phone numbers did she have to give a reason why she was doing it? >>

No. Verizon allows you to block calls from a specific number by just keying in a code and entering the number.

<< Does she have ANY kind of 3rd party record of what really happened? >>

She's already requested a record of her incoming calls for the past several months from Verizon (both at home and at school), but I don't think they'll give it to her without a subpoena.

 

[cmdavid]

Hey, if she blocked him from calling either her school number and her parent's number, and he knew about that, then he should not have been calling her school number or her parent's number.... that right there should be enough to tell the court/judge/jury that he was breaking the law by calling her to begin with, and put himself in this situation....

edit: nm.. apparently she didnt get his calls blocked through the legal system, just the phone company.. probably wont hold...

 

[Jzero]

<< She cannot be prosecuted or sued for spurning his advances. If he off's himself that's his tough luck. She had nothing to do with it unless she handed him the drugs. >>


Prosecuted, no, not in the sense where prosecution implies a criminal charge.
A civil lawsuit? Hell, you can file a civil suit for just about any reason. You might not win, but if you can find a shyster lawyer willing to take up your worthless cause, you need only walk over to the courthouse and fill out a brief.

 

[Gonad the Barbarian]

<< Unfortunately, she's got a trust fund worth around $60k that her grandfather set up before he died. She can't touch the money until she's 25, so she can't "hide" it. >>



If she can't touch it, it might be protected anyway depending on how it is set up. Did the boyfriend know about this? You better tell her to do everything she damn well can to fight back now, if she waits until the case is filed it will be to late.

 

[Sluggo]

He tried to kill himself last Friday? March 15th?

I would find it very hard to believe that any plaintiff would have any contact with the defendant, especially showing up at her apartment. There are phone records kept, and any lawyer who told her she is in bad shape after this is a complete moron.

 

[skeletor]

Get her to record every phone conversation from the ex-boyfriend's mother, every time she calls saying rot in hell etc. That will hobble the mother's case big time.

Also, counter sue for something utterly obscure like 'failure to pleasure the town rat' or something from medieval law. Then, when they're least expecting it, do one of those cool ryu-ken things from Street Fighter on the Mom. If you're lucky she'll burst into flames and knock over some barrels really slowly, this should prevent her from getting to court on time.

 

[HappyPuppy]

I bow to your superior intellect, jzero. Yes, you can bring a lawsuit for any trivial thing and who knows what a jury of moronic, have nothing imbeciles will decide.

 

[kag]

this looks somehow like the story of a girl i know...

she was raped by her ex-boyfriend like a year ago (well her boyfriend at the time), she sued him, etc.... but he came back this christmas and physically attacked her, she had to go to the hospital and sh!t.... and like a month ago, he commited suicide...

anywayz i dont have any legal advices or anything to give you, but i can just hope the best for her... maybe it's a "good" thing that he isnt there anymore. Yes, it hurts, but at least she won't be afraid of him anymore...

good luck to her

edit: spelling

 

[Jzero]

<< I bow to your superior intellect, jzero. >>


I wish everyone were as wise as you

 

[zippy]

Isn't it illegal to tape phone calls without a warrant (if you are part of the police/FBI) or have TOLD/asked the other person that you are taping the conversation? Isn't that why Linda Tripp got in trouble after the Monica Lewinsky ordeal and why they considered not using her tapes in the evidence?

Also, she should file a police report for being attacked by the mother and press charges. Sounds like an all around whacked out family.

 

[Mill]

<< I'll suggest that. Unfortunately, she's got a trust fund worth around $60k that her grandfather set up before he died. She can't touch the money until she's 25, so she can't "hide" it.
>>



Her trust fund cannot be touched in a civil suit.

 

[AaronP]

well, at least he won't bother her anymore!

 

[DanFungus]

wow. that is horrible! I hope that everything turns out ok!

 

[gwlam12]

this sucks. this is not her fault at all. i hope everything goes well, adn i hope the mother pays for amanda's lawyer fees


and kag, im sorry that happened to ur friend. rape is truly a terrible thing. disgusts me.

 

[thraashman]

Isn't it illegal to tape phone calls without a warrant

I know it's illegal to tape a conversation with a law enforcement officer without a warrant, and I believe it's also illegal to tape a non officer as well.

reitz, your girlfriend should testify for her friend since she is a witness, if you witnessed anything, you should testify too. Her friend needs to file police reports for every incident that this guy's mother does. It is very unfortunate for this girl that she never got the restraining order, that would clcear her pretty much. She needs to make sure that she explains that this guy had been harassing her for months and that she had no reason to believe that this guy was not just harassing her in another way. Make sure to push the image of this guy being a stalker, if it's a jury trial, they may sympathize.

As far as the trust fund, if she's not able to touch it until she's 25, I believe that it's not legally hers until then, therefore no one else can touch it either in a lawsuit.

It sounds to me like this guy's entire family is disturbed, and I hope that they don't get a cent outta this, they're sick sadistic people.

 

[yobarman]

after reading this thread, it's definately a good idea to get a second and/or third opinion or maybe a fourth. What kind of jackass says something like "you're basically fvcked.."
jesus that blows my mind.

 

[DAWeinG]

Best of luck to her

 

[Linux23]

<< well, at least he won't bother her anymore! >>




true dat.

 

[Vic]

<< He tried to kill himself last Friday? March 15th?

I would find it very hard to believe that any plaintiff would have any contact with the defendant, especially showing up at her apartment. There are phone records kept, and any lawyer who told her she is in bad shape after this is a complete moron. >>



Whoa.
This story is wild. And fscked up big time.
First, tell Amanda to cool. The quote above says it all. Something is not right here.
For example, the guy drinks his concoction on Friday night and papers are served on Saturday?? No one sues that quickly and no lawyer works that fast. If only for the reason that it is completely unnecessary and might also make the plaintiff look "opportunistic" if they finally get to court. I'd talk to her again, chances are that she has not been served and that the mother is merely threatening her.
That's the other thing. If papers have been served, they usually contain strict language about how the plaintiff and the defendant are not to communicate to each other other than through their lawyers. Yet the mother (plaintiff) has tracked Amanda (defendant) down twice and even physically assaulted her? Something does not smell right here...
As for Amanda's trust fund, if she can't touch it until she is 25, that means they can't either.
As for some lawyer telling Amanda that she is fscked, well... he must be a complete idiot. First, she was stalked, classic case. She did everything in her power and those actions can be documented. Then, the fact that old wannabe loverboy recorded the conversation shows his intent to defame her. That won't win any juries over. Then papers are served faster than the ambulance can get to the hospital. Oh no, the plaintiff's case won't stink to high hell in from a jury....

Looks to me like she told him about her trust fund and he set this up to get it. One little mistake though: looks like he took one pill too many and is going to die after all. Rot in hell, says I.