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    MEXGAL1   218,820
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Going to "court" today

Friday, January 04, 2013

DH and I head over to Chapala today to go to the Mexican "court" to sign paperwork to bring the whole legal thing to a close. For those who have been following me you know that this has been a two year struggle. Now that it is finally over we will be suing the people who did this to us to hopefully prevent them from ever doing such an awful thing to anyone else and to recoup our out of pocket expenses. Our attorneys believe we will get not only the money back that we spent but also monies for pain and suffering. For those that haven't followed, in a brief review, we had neighbors who were using an easement that we granted them file criminal charges against my husband and I saying that we "disposed" them of property and stole gas tanks off their property and that my DH yelled at people looking to buy the property and threatened them with a gun. Of course none of these things had any truth at all to them. We never prevented the people from using the property and the gas tanks they said we stole are in their garage and we don't own a gun and we would never even yell at people who might buy the property as we would want to reach out and be friendly to anyone who might live next door....we are good friends with all our other neighbors, in fact they all come over here for Christmas and Thanksgiving as we have the better party space. Anyway, we have learned a lot about the Mexican court system and I would say our biggest frustration is that anyone can lie and there is no punishment like perjury where you pay fines and go to jail if you lie. But there is financial punishment and "pain and suffering" that one can get by filing a lawsuit. At first I thought, why bother....it's done and after two years we were able to prove everything was a lie, so let's just move on in a positive way and forget it. But then my DH and I did an account of how much money we spent and how much time we put in defending ourselves. We spent $12,000 US dollars defending ourselves. My DH is awesome about record keeping and he even keep records of how many hours we had to go to courts, meet with attorneys and such. Many, many hours. But then we have to decide what number (dollar amount) to attach to the pain and suffering. So how do you come up with an amount for all the nights you couldn't sleep, the time when you couldn't travel, the family events we missed. How does one come up with a price for that? We will meet with the attorney and see what he says. Again I wasn't sure I wanted to sue them but then my DH and I discussed this and our attorney says that my DH and I won't have to do much at all that he will do all the work. My DH and I said that we would give some of the pain and suffering recovered dollars to Madre Maria and the children of the orphanage. So it will be worth the effort. But again how does one come up with a price for two years of pain and suffering? It will be interesting.
Anyway today is a good day...we get the final paperwork stating that the charges were unfounded and without merit!

I weighed in today at 108.5 as I have been very good since the pizza on New Years Eve day. You know me, want to get under goal of 110 so I can spurge again. Well today I know my DH will want to go out to eat and have beers after court to celebrate so I am happy that I am in a place where I can eat and enjoy without guilt.

So how would you come up with a pain and suffering number?

Thanks to all of you dear friends for listening and supporting me with this craziness.
Make today a great day.
Sallie
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  Member Comments About This Blog Post:

GOANNA2 1/6/2013 3:58AM

    Hooray Sallie, it is finally over. I'm sure those neighbours rue
the day they started this scam. $12 k is a lot of money in Mexico
or anywhere for that matter. As for your pain and suffering, I
have no idea how to put a number on that. I hope you have a good
celebration tonight and hurry up and go to PA to see those grandkids.
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DOOBRIE 1/5/2013 3:00AM

    Hope everything went well at the Court!

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JANIEWWJD 1/5/2013 2:03AM

    At least now you can breathe easy and enjoy yourself. God bless you Sallie and have a GREAT day!!!!
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JUDYAMK 1/5/2013 12:41AM

    Sallie yippy skippy!!!! It is OVER!!!!!! Gee I would never know what to say about how much ,the courts will decide that. I always heard you never take the first offer.Then the other factor do the people have the money to pay up for what they did . I think the worse thing for me would be the sleepless nights, tossing & turning,being in a different place outside of your birth country & knowing the laws in Mexico all that worry & stress & all the could haves that may have happened that you thought about for 2 agonizing years. having your stomach churn & having the pit of your stomach empty with fear of the unknown.All the stress of the above mentioned how can you put a price on that pain. I hope you get what you deserve after the 2 years of mental pain,I never went through what you did, but I know how stress feels. Are these people Americans? I hope they are not in your area that you would run into them on the street or out & about. Sallie what ever the amount or if they cannot pay one thing they can never take away is your dignity throughout this ,your good name & your freedom to carry on. A brand knew beginning for you Sallie.take care
Judy

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LYNDALOVES2HIKE 1/4/2013 8:42PM

    I so glad it was resolved in your favor and hope you get good guidance about how much to ask for. If it's like most lawsuits, you ask for a lot more than you think you deserve or will get. Since you have an idea of the number of hours you spent in court, you can attach an 'hourly wage' figure to those and one rule-of-thumb is that 'pain and suffering' should be three times the actual damages. So you could take the $12k plus whatever the hours you lost would be - let's say that comes to $8k. Those two added together would be $20k actual damages and another $60k pain and suffering.

Whether the Mexican courts would grant that or not is something else - I have no idea how the courts work there, other than a few extremely unhappy and unfair dealings involving various friends and family members. I sincerely hope your residential status helps you get better treatment and hope the court grants you every dime you deserve for all this trouble!

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PMFISH 1/4/2013 7:34PM

    If your expenses were $12,000, I think that number should be multiplied as many times as the Mexican court deems reasonable. Your attorney will guide you, because he wants a decent wage for bringing this portion to fruition.

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SAM60SUMTHINK 1/4/2013 7:27PM

    Good grief, that is a lot of money it cost you!! I was thinking a few thousand...but..$12K! yikes. Just thinking about the money going out the window causes pain/suffering, but that's the least of it. Forge forward!

I'm glad the worst of this is finally behind you.
So... when will you go to PA to see those grandkids?!?
:)


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SLENDERELLA61 1/4/2013 4:41PM

    Sallie, I don't have a clue about the pain and suffering money, but I bet your attorney does. So glad you got the verdict you deserved; now maybe you'll get some reimbursement for all your expense and hassle.

That is just wonderful that you are 1.5 pounds below goal, back down 4 pounds I believe. I would so love to be 1.5 pounds under my personal goal. I'm going to get there!! You are just a great role model. Enjoy your splurge because 1) you deserve it and 2) you know just how to get back to your happy weight and you will do it!! -Marsha

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BUTEAFULL 1/4/2013 3:58PM

    I have no idea how to put a number to something like that, especially preventing you from visiting family because you had to stay in the vacinity of the court, and the long hours waiting along with your friends who testified on your behalf, no idea at all

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LIS193 1/4/2013 3:42PM

    So glad it is all over now. Hard to put a price on Pain an suffering and then there is the question of the people you are suing - do they have any money left to pay the judgement?
Good luck!

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FORMERFATGUY777 1/4/2013 3:36PM

    I'm glad your ordeal is over. And you're right about the pain and suffering. Maybe they'll think twice about doing this again.



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MAUREENIE1 1/4/2013 3:19PM

    Wow Sallie! This is some ordeal. It never ceases to amaze me how our world can be so corrupt and how there are innocent people who are falsley accused and guilty people who get off scot free. I hope something good comes out of this. Have a wonderful evening celebrating with your hubby. And eat some dessert for me! emoticon

Comment edited on: 1/4/2013 3:21:15 PM

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WHITEANGEL4 1/4/2013 3:04PM

    So glad that ordeal is over. Pain and suffering would be hard for me to set. I am a happy go lucky person, so anything that keeps me from my normal self would be extremely painful to me and I would set a high dollar. I wounder if you could set in the court records the percentage going to the orphanage.

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PICTUREME40 1/4/2013 1:03PM

    Sorry that it came to this in the first place. Glad your name was cleared of any wrong doing. Can't help with the other challenge.
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IDLETYME 1/4/2013 12:57PM

    Best wishes on your court date! The not being able to be with friends or relatives because of this would be the worst thing to me! We're all praying for the best possible outcome for you! Good luck!!! emoticon

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ONE_SUMMERTIME 1/4/2013 12:54PM

    How many hours did you both spend with this as a cloud over you? Oh my!
I wouldn't know where to begin...

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GUITARWOMAN 1/4/2013 12:09PM

    Good luck!

With regard to pain and suffering, it might makes sense to number the negative things that happened and then assign them pro-rated dollar worth depending on how negatively you were affected.

Such as not being able to visit your family, that would be big time.

Traveling to court? Gas money and mileage

And of course add the $12,000.

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MJREIMERS 1/4/2013 11:18AM

    Good luck with the last court date. How to come up with a monetary number? Can you start with "minimum wage" for where you live and then figure how many hours you've spent not sleeping, going to court, doing paperwork, and thinking about the case? Add that amount to the $12,000 out of pocket expenses and see if your lawyer feels it's fair? I have a feeling that the lawyers amount will be more than what you have figured! Hang in there, the end is in sight. emoticon emoticon

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SPARKLINGME176 1/4/2013 10:59AM

    You are a great woman & I 'feel' all will go in divine right order, for you both today! I am sorry you had to go through this. I have gone through an unrelated, but similar experience, money wise in 2008. What I learned from the experience was, I needed to REALIZE my truth & NOT move from that spot. I 'won' in so many ways.... but it didn't feel like it at the time! I KNOW hine site is 20/20, but my life is SO much better, now, living in the truth & with out all the drama! I am truly blessed my situation happened. I found friends come to my side & support me I didn't even know I had! The saying goes, "When 1 door closes, another opens". This is SO true for me!

Blessings on your day, you deserve the best, because you ARE the best.... please believe it!

Love & Sparkles,
*~LIGHT emoticon

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SMOCKON 1/4/2013 10:30AM

    What a mess! I hope all goes well today. On the pain and suffering amount, if someone had laid out at the beginning that it would take two years and what you would have to do to defend the suit, what would you have paid to make the whole thing go away?

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