Well, I'll try to explain things as best I can without outing myself, on the extremely off chance anyone related to the situation reads this forum.

I've recently been threatened with a lawsuit by a high ranking TBM military officer who is a complete prick. I get how thinking that you get to make your own planet + working high up in the military would make this guy think he knows all and I, a mere female, know nothing, but in this case I know about ten times more about the case law than he does.

Actual statue of limitations (for the right cause of action)runs out in about a month (he's unaware) and he's just now decided to start the process of suing me. His attorney hasn't contacted me yet, sent a demand letter, tried to sue me, etc. They don't even know what I look like if they tried to serve me.

Rest of the message got cut off:

Funny thing is, the course he's pursuing isn't the right one and would get dismissed (i.e. wrong cause of action). I just need him to think it will work for a month so he can't grow a brain and take the actual, sensible course, i.e. file with the correct cause of action.

Any good ideas on how to stall? I'd also like to appear benignly ignorant of the actual case law if at all possible. I know how threatened people like him can get when they feel outsmarted.

I don't do well with bullies though and this whole thing has gotten me stressed out, big time. Basically I just need them to think their current plan will work for a month. Hope that makes sense given the hazing details.

Most succinct way to put it: how do I pander to these guys best?

Thanks in advance.

It seems that you are talking about an arrogant,sanctimonious, hypocritical, bigot. Not uncommon in that environment.

I hope you haven't overlooked the possibility that since he may be talking to an attorney, the attorney will know to save the statute. And once he files, no matter how likely the success of your demur, the court will give him an opportunity to amend it, and eventually his attorney might figure out how to do it correctly.

And I suspect that you have to be careful in how you stall for this last month. If you give him some indication that you're about to give in to whatever it is that forms even the incorrect cause of action, you don't want it to be construed as tolling the statute. That's unlikely, but if you put anything in writing about needing more time...

Finally, if the cause of action involves something that some type of insurance would cover for you, and you haven't reported it yet to your carrier, you should, lest they decide that you 'cheated' them out of their opportunity to investigate and possibly settle the case, which could serve as a basis for denying coverage.

As for the general notion of hoping that he lets the statute run, if it does and he starts screaming at you, tell him to sue his attorney for letting it run!

Wow, E-dawg has either been binging on Perry Mason or has some kinda of legal background!

I'm 'Paul Drake', but I've kept my ears and eyes open.

In a former life, I was an insurance claims high muckity-muck. I used to tell attorneys what to do; they were expected to know how to do it, but we watched them like hawks. We had to know theory; but no way would we have been able to pass a bar exam.

elderolddog Wrote:
-------------------------------------------------------
> I hope you haven't overlooked the possibility that
> since he may be talking to an attorney, the
> attorney will know to save the statute. And once
> he files, no matter how likely the success of your
> demur, the court will give him an opportunity to
> amend it, and eventually his attorney might figure
> out how to do it correctly.
>
> And I suspect that you have to be careful in how
> you stall for this last month. If you give him
> some indication that you're about to give in to
> whatever it is that forms even the incorrect cause
> of action, you don't want it to be construed as
> tolling the statute. That's unlikely, but if you
> put anything in writing about needing more
> time...


I can't think of how to explain why, but this, thankfully, doesn't apply. I do like the idea of just asking for more time though!

Thanks for the advice- I know it's hard with so many facts missing!

I can't offer any advice on the rest of the matter, but I certainly wouldn't rely on them not knowing what you look like preventing him from serving you. I serve people all the time, and I often don't know what they look like. That's not how it's done.

Pista is totally correct. They have your name and some ID information. They'll get an LKA address and Pista will show up on your door step and ask for you. If you deny being you, (if it's done by the book) you'll be asked when 'you' might best be found at home. Pista will return a couple of times and if you keep denying you're home, you'll be served as a relative, or resident of the household, and then get the same paperwork in the mail, via first class mail. Ta da! You're served!

And finally, all they need is Pista's Dec of Due Diligence to take to the judge to ask for permission to serve by publication.

Thanks for the advice. It doesn't have anything to do with insurance claims or anything like that.

Does a Pista's Declaration of Due Diligence apply if they know my address? Also, how does one serve by publication? I couldn't tell you all but one newspaper in my state anymore.

Op Wrote:
-------------------------------------------------------
> Thanks for the advice. It doesn't have anything to
> do with insurance claims or anything like that.
>

You'd be surprised at what the personal liability portion of a renters or homeowners policy will cover, including slander and defamation of character. But generally, if what you said or published that was incorrect was an intentional lie, the carrier will explain to you that 'intentional torts' aren't covered. The very nature of insurance is that it covers 'accidents'. I hated that scene in Steel Magnolias where the VW driver lady smashes the rude girls' car and then says something along the lines of, "...I have more insurance than you..." She'd have to lie to her carrier to get it covered.


> Does a Pista's Declaration of Due Diligence apply
> if they know my address? Also, how does one serve
> by publication? I couldn't tell you all but one
> newspaper in my state anymore.

It especially applies if Pista has your address. First off, many process servers lie, so when the process server shows up and you lie to him or her, he just shrugs and lives the papers on your porch and writes out a POS stating that he sub-served Jane Doe, a relative, who refused to ID herself, and he describes you. Then he says he mad three prior attempts, and then documents that he followed up, as is mandated, with that first class mailing of the S&C to you at the address.

You lied, he lied... All the court cares is that there's a document in the court's file where someone declared under penalty of perjury that you were served.

Under the circumstances you described, them having your address, there would be no need to serve by publication.

Don't bother trying to avoid service. Despite what Hollywood would have you believe, the system is set up to move the process forward. Attempting to avoid service just annoys the server. You may have plenty of other options for dealing with this situation, but that's really not one of them.

And just for the record, I've never lied. There are plenty of honest, legal options available.

Never been good at pandering (or panderizing), but I imagine that long-distance pandering would be tough.

Send him a BOM with your oh-so-sincere testiphony. Include the sentiment that he reminds you of Joseph Smith. (But don't say that's because he and JS are/were both jackholes.)

Buy him the complete works of David Bednar. Jackholes love David Bednar. Write in it that you just *know* he's going to be an apostle someday, just like Dave.

Get him a book on temples, because you're spiritual, and everyone loves temples. Especially jackholes.

I would recommend against sexting.

That's all I got.

Well crap! I gave you a bunch of theory, 'anon here' has given you some excellent practical advice!

While he's ruminating on what all your gifts and protestations mean, the statute will run!

If so, you owe 'anon here' scotch and a cigar.

Thought of a few more, in case Sir Jackhole is a leader, not a reader…

General Conference DVDs. Nothing says "Thinking of You" to a jackhole like GC refresher courses.

A MoTab Patriotic Music album, AKA "Music for Jackholes."

Pit wife vs. hubz. Offer to rep Sister Jackhole's MLM downline. String 'em along until the statute expires, then dump 'em. Heads explode with impotent rage. A good time is had by all except them.

Still, no sexting.

And if you don't get served, we will want the prequel.

Technically, you mean if he doesn't file a lawsuit before the statute runs. That's what's crucial.

Because depending on the jurisdiction, the plaintiff or petitioner has up to a year to serve the law suit before the court starts muttering about dismissing your action for "failure to prosecute."

civil actions are very technically beautiful pavanes; I really enjoyed sitting ringside and watching them.

Most definitely. It's a perfect example of complete Mo penisholder arrogance. Only 33ish days left to deal with this crap... Thanks for the advice all.