| View previous topic :: View next topic |
| Author |
Message |
Captain Corea
Joined: 28 Feb 2005
Location: Seoul
|
 Posted: Wed Nov 26, 2008 2:17 am Post subject: Being sued while out of country |
 |
|
I'm curious if anyone (particularly Canadians) have any experience in similar matters. Has anyone been sued in their 'home country' while living overseas? If so, how was the decision handled with you being absent? If you 'lost', how was the fine/penalty/award taken from you?
Have you ever hired a lawyer back home, while over here?
((my mom recently passed and someone is contesting the fact that I was the beneficiary - not estate related, purely insurance)) |
|
| Back to top |
|
 |
Straphanger
Joined: 09 Oct 2008
Location: Chilgok, Korea
|
| Posted: Wed Nov 26, 2008 4:19 am Post subject: Re: Being sued while out of country |
|
|
| Captain Corea wrote: |
| I'm curious if anyone (particularly Canadians) have any experience in similar matters. Has anyone been sued in their 'home country' while living overseas? If so, how was the decision handled with you being absent? If you 'lost', how was the fine/penalty/award taken from you? |
Canadian civil law is...unique. In the U.S. my estates attorney would handle the insurance matter, but neither my defense attorney nor my tax attorney would get involved. You need to drop the dime on your general counsel (or whatever you call that in Canada...your all-purpose lawyer) and find out which hand in your legal team should be handling that matter. |
|
| Back to top |
|
|
Mr. Pink
Joined: 21 Oct 2003
Location: China
|
| Posted: Wed Nov 26, 2008 5:03 am Post subject: Re: Being sued while out of country |
|
|
| Captain Corea wrote: |
I'm curious if anyone (particularly Canadians) have any experience in similar matters. Has anyone been sued in their 'home country' while living overseas? If so, how was the decision handled with you being absent? If you 'lost', how was the fine/penalty/award taken from you?
Have you ever hired a lawyer back home, while over here?
((my mom recently passed and someone is contesting the fact that I was the beneficiary - not estate related, purely insurance)) |
If your mom had a will, pretty much nothing that can be done by contesting except tying up the money until a court says the obvious.
If she didn't have a will, but had you listed as her beneficiary with the insurance company, I am guessing here it might be a boyfriend she had who is contesting. Pretty sure there isn't much that can be done there either. They are probably hoping you will offer a settlement so you can get the cash quicker. However, just hire an attorney. They should be able to do what you need without you being in country. Are you in Ontario? I could ask my mom's friend who is a lawyer to get you a referral depending on your area.
Shoot me a pm if ya need to. |
|
| Back to top |
|
|
blurgalurgalurga
Joined: 18 Oct 2007
|
| Posted: Wed Nov 26, 2008 6:22 am Post subject: |
|
|
| Sorry about your mom, captain. Best luck. |
|
| Back to top |
|
|
justaguy
Joined: 01 Jan 2008
Location: seoul
|
| Posted: Wed Nov 26, 2008 6:30 am Post subject: |
|
|
Yea sorry for your loss Captain.
I was an executor to an estate in Canada 2 years ago and this is what the lawyers there told me when I had a similar problem.
In Canada, if the person had no will when they died then everything in the estate is divided equally among the children.
Insurance policy goes to the beneficiary. No ands ifs or buts.
I hope this helps. |
|
| Back to top |
|
|
Captain Corea
Joined: 28 Feb 2005
Location: Seoul
|
| Posted: Wed Nov 26, 2008 2:15 pm Post subject: |
|
|
Thanks for the good words guys.
My mom had a will and it named my step-father as the main beneficiary of her estate.
My mom had a life insurance policy and it had me named as the beneficiary.
As far as I understand it, the two are (or should be) very separate.
My main worry is being sued, and ruled against in absentia (sp?). I'm curious if someone could get a ruling against me when I'm ot even there to defend myself. AND ... how would I know I'm even being sued? If they have no address for me, who exactly are they suing?
((just a further FYI, the policy has already paid out)) |
|
| Back to top |
|
|
laogaiguk
Joined: 06 Dec 2005
Location: somewhere in Korea
|
| Posted: Wed Nov 26, 2008 2:45 pm Post subject: |
|
|
| The two are different. My dad died a bit ago, same thing. The insurance is always paid out to the beneficiary unless EXTREME reasons are shown that they were coerced. And if she just forgot to change it to your step-father, but she had planned on it, it does NOT matter. You shouldn't have too much trouble here me thinks. |
|
| Back to top |
|
|
alpope23
Joined: 15 Mar 2006
|
| Posted: Wed Nov 26, 2008 3:28 pm Post subject: |
|
|
I'm no where near 100% sure on this, but I think they would have to serve you with papers to appear in court. After you are served if you do not show then the other party usually wins by default.
Let me say again, I am NOT a lawyer, NOR do I play one on T.V.  |
|
| Back to top |
|
|
Louie
Joined: 12 Oct 2008
|
| Posted: Wed Nov 26, 2008 4:09 pm Post subject: |
|
|
As a person mentioned above, as far as the insurance is concerned, no one can touch it until you had a say as to whats going to happen with it. If she named you as the beneficiary, as long as your step-father doesn't have a power of attorney over your mother's affairs, you are entitled to the insurance money.
| Quote: |
| Let me say again, I am NOT a lawyer, NOR do I play one on T.V. |
Me too, me too...... |
|
| Back to top |
|
|
Mr. Pink
Joined: 21 Oct 2003
Location: China
|
| Posted: Thu Nov 27, 2008 1:45 pm Post subject: |
|
|
| Captain Corea wrote: |
Thanks for the good words guys.
My mom had a will and it named my step-father as the main beneficiary of her estate.
My mom had a life insurance policy and it had me named as the beneficiary.
As far as I understand it, the two are (or should be) very separate.
My main worry is being sued, and ruled against in absentia (sp?). I'm curious if someone could get a ruling against me when I'm ot even there to defend myself. AND ... how would I know I'm even being sued? If they have no address for me, who exactly are they suing?
((just a further FYI, the policy has already paid out)) |
I am curious why you wouldn't fly back and hire an attorney to help you out? In Canada if someone takes you to court and loses, they pay your attorney fees and the court costs.
Also, I am curious why he would contest that? Didn't he get a house and all household goods, plus the bank accounts etc.? Was the insurance for a million dollars? I can't see why someone would be that greedy? I would be a *beep* and contest the will just to piss him off for making you stress  |
|
| Back to top |
|
|
mindmetoo
Joined: 02 Feb 2004
|
| Posted: Thu Nov 27, 2008 2:52 pm Post subject: |
|
|
| If you're sued and you don't show up for court, the judge usually rules in the plantif's favor, no? The plantif can then start to seize assets you have in Canada. |
|
| Back to top |
|
|
Juregen
Joined: 30 May 2006
|
| Posted: Thu Nov 27, 2008 3:23 pm Post subject: Re: Being sued while out of country |
|
|
| Captain Corea wrote: |
I'm curious if anyone (particularly Canadians) have any experience in similar matters. Has anyone been sued in their 'home country' while living overseas? If so, how was the decision handled with you being absent? If you 'lost', how was the fine/penalty/award taken from you?
Have you ever hired a lawyer back home, while over here?
((my mom recently passed and someone is contesting the fact that I was the beneficiary - not estate related, purely insurance)) |
Mhhh I sued someone when In Korea, won the verdict and used the lawyer as a spokesperson and dealing with the financials.
He took his remuneration from the proceedings and put the rest in my bank account.
I contacted the lawyer over the phone and e=-mail, and faxed him all necessary documents. So you don't have to be physically present, as long as their is someone in your name to stand for you. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
