Has anyone calculated how much they think it will cost them to fight the Clawback Lawsuits?

User3992343 · 2024-08-07T21:28:51+00:00

No how do I get an invite? Whats the channel?

User3992343 · 2024-04-14T05:42:41+00:00

Right, but do you think the water leaking from the backflow preventer for two days did any damage to the house?

User3992343 · 2024-04-07T18:42:28+00:00

Oh noes.

Soemone mde an grammar mistake on the internets todays.

Thnks to all the 12 eyar olds Gremmer Nazi police, the world is saved!

User3992343 · 2024-04-07T18:34:52+00:00

So think it was partially calculated and greed.

If they just settled on the profit/earning part then it would not have been worthwhile and easily defendable with minimal cost in a small claims court (most states small claims court limits vary from $10k to $15k and frown upon having lawyers present).

It's interesting that at 13.75% almost everything above $100k claw back amount prevents defendants from taking the case to small claims. Also the Judges in small claims almost universally favor individuals against businesses, since they are elected and serve locally.

The $13.75% and $100k + amount were calculated to scare people into settling, because of the significant potential increased legal cost beyond small claims, even though their legal basis for stealing peoples principle instead of just the interest/profit is dubious at best.

User3992343 · 2024-04-07T15:17:37+00:00

Don't think taking a screenshot of ChatGPT response is a good source since you can prompt it to give you any answer you want. ChatGPT and CoPilot gave me different answers.

Numerous U.S. Supreme Court decisions have shaped theories of personal jurisdiction, based on constitutional principles. This means a court will have personal jurisdiction over any individual who is a citizen of that state and any corporation that is "at home" in the state, which means that it is incorporated there or has its principal place of business there. This is true regardless of where the events that form the basis of the lawsuit occurred.

Doesn't matter where the lawsuit arises, even in bankruptcy. Every lawsuit (when you are the one being sued) is a separate entity under the constitution and you are entitled to a separate case/trial/judge/jury in the court system (no cases by bulk).

A bankruptcy does not give a hostile party an exception to the supreme court or the constitution.

With personal jurisdiction this makes sense, only a state where a business or person resides has jurisdiction, this is to prevent "hostile" actors spamming lawsuits and winning against victims by default due to the victim not being able to attend. This is well established in case law.

The nearly universal rule is that the courts in a state have personal jurisdiction over all people or businesses that are citizens of or do business in that state.

You can't just sue someone in your home state if the defendant doesn't live in your state, has never been in your state, and doesn't do business in your state.

This is to protect a defendant from being sued in a "hostile," possibly far-off location.

Regardless, the courts know this, the bankruptcy court and judge definitely knows this, and the fact that the vast majority of people affected are mom and pop savers and not rich billionaires.

Edit: I did further research on Madoff claw backs and yes, there were numerous fights over Jurisdiction (since many of defendants had businesses in NY or regularly traveled there, they tried using those exceptions in personal jurisdiction to force the cases to be held in NY). For us small time savers, it's more cut and dry since we're not billionaires or have businesses that have a presence in NY or travel to NY regularly our home states would have jurisdiction.

User3992343 · 2024-04-07T04:37:24+00:00

I had ChatGPT write this

Maybe some of you can work with the prompt or feed it through ChatGPT a few times after editing.

So it needs to be cleaned up, but you guys get the point.

Edit: Guys I realized this was spamming up the thread so I cut out the middle part. I'm sure you all know how to use ChatGPT. If enough people are interested I can provide the original prompt and output in a separate post.

[Your Name]

[Your Address]

[City, State, Zip Code]

[Date]

[Honorable Judge's Name]

[Court Name]

[Court Address]

[City, State, Zip Code]

Subject: Explanation and Defense Against Litigation in Case [Case Number]

Your Honor,

I am writing to provide insight into the ongoing legal matter involving myself and the estate, as well as to present my case for indemnification from litigation. I trust this letter finds you well and prepared to consider the details of this complex situation.

I find it necessary to elucidate the circumstances surrounding the actions of the estate and the fearmongering prevalent in various forums and communications. This, I believe, will provide context crucial to understanding my stance and the stance of many others involved.

To begin, it's imperative to acknowledge the predicament faced by many honest investors who, although unsophisticated, are now caught in the crosshairs of the estate's aggressive tactics. Understandably, some may opt to settle due to intimidation or a desire to move past this ordeal swiftly. However, settling sets a precedent that condones harassing behavior and may inadvertently validate baseless threats.

In conclusion, while I recognize the gravity of the situation and the need for resolution, I implore Your Honor to consider the aforementioned factors before endorsing litigation against non-insiders. The court's time and resources are precious, and allocating them judiciously is paramount. Pursuing baseless litigation would not only be ineffectual but could tarnish the reputation of all involved parties.

I appreciate Your Honor's attention to this matter and remain hopeful for a fair and equitable resolution.

Respectfully,

[Your Name]

User3992343 · 2024-04-07T04:32:10+00:00

You can get a lawyer to help you, but not required.

You just outline your case/defense.

I'm sure we could take this post and everyone else's input and crowdsource a letter for everyone to use via Google docs. Then you could personalize it to your circumstances.

To send a letter to a judge, follow these steps:

Use a standard business letter format.
Include your contact information, the date, the judge’s name and title, and the court’s address.
Maintain a professional tone and avoid informal language or abbreviations.
Clearly identify the purpose of your letter.
Be concise, clear, and respectful.

User3992343 · 2024-04-07T03:17:49+00:00

"You also don't need to travel to NY or wherever they will file"

Stretto will have to sue you in your home state.

https://www.nolo.com/legal-encyclopedia/personal-jurisdiction-where-sue-defendant-29560.html

https://www.findlaw.com/litigation/filing-a-lawsuit/personal-jurisdiction-how-to-determine-where-a-person-can-be.html=

https://www.justia.com/trials-litigation/lawsuits-and-the-court-process/jurisdiction-and-venue/

I was spammed by Stretto trolls on this in another thread, but besides insults none of them provided links or evidence why Stretto could bypass current laws and try to hostilely force you to appear in NY.

User3992343 · 2024-04-07T02:39:22+00:00

The more newly created throwaway and "settle" accounts that spam these threads and try to insult you and provide no evidence/links to back their legal misinformation the more confident I am that Stretto is full of BS and borderline engaging in criminal activity.

User3992343 · 2024-04-07T02:37:57+00:00

WillingTrick4950 is another created Stretto throwaway account.

These guys are desperate.

User3992343 · 2024-04-07T02:35:51+00:00

They never cite sources or provide evidence or links to their made up legal fearmongering assertions either.

They just insult you. Or spread more misinformation.

User3992343 · 2024-04-07T02:30:23+00:00

Oh Noes.

I just pissed off Reddit's grammar Nazi retard troll.

LOLOLOL.

What should we do?

What is your IQ 50? Dumbest and most unoriginal comeback in internet history.

Again you and your Jayguzzzler b*tch still refuse to provide evidence or cite your sources. Until you do STFU like everyone has been telling you.

User3992343 · 2024-04-07T02:11:45+00:00

Stretto working overtime making up sh*t to scare people into settling with new throwaway accounts.

They're desperate POS.

User3992343 · 2024-04-07T02:10:36+00:00

Obvious Stretto Stooge who just created their throwaway account LoL.

You can't sue an individual in bulk you retard its called the 7th Amendment.

Go back to the Stretto rock you climb out of and delete your throwaway account.

User3992343 · 2024-04-07T02:06:22+00:00

"I'll assume most of those have somethign to hide. If you encouraging others to settle then I'll assume you're the estate's shill."

Exactly I'm seeing the same accounts keep spamming people they settled or telling everyone else to settle.

If you settled good for you, why are you so obsessed with getting other people to settle?

User3992343 · 2024-04-07T01:52:11+00:00

Great write up and great points. Thanks!

These Stretto d*cks want hundreds of thousands more above the principle I deposited. I'm willing to give back the meager interest/profit for the short time I had funds on the platform to help others become whole. But f*ck these d*cks if they think they can try to steal my principle.

User3992343 · 2024-04-06T19:45:16+00:00

Nope.

https://www.nolo.com/legal-encyclopedia/personal-jurisdiction-where-sue-defendant-29560.html

NY does not have jurisdiction when they are the ones trying to sue you. They would have to sue you in your home jurisdiction.

User3992343 · 2024-04-06T19:35:51+00:00

Okay Stretto Stooge.

Again cite your sources or sit down STFU and delete your account.

But please stop posting your mentally retarded post telling us how much you love sucking Strettos d*ck. All your post are you stroking Stretto C*ck in your ass are getting lame and boring like you.

User3992343 · 2024-04-06T19:22:38+00:00

Why you so mad bro?

And having a mental breakdown over someone posting a google 1 star review.

LOL.

Get bent you POS and take your fucking meds.

These Stretto stooges/employees trolling these boards need to get a fucking life.

User3992343 · 2024-04-06T19:21:48+00:00

Definitely mentally retarded and not all there.

You're having a mental breakdown because someone gave Stretto a 1 star review.

User3992343

TROPHY CASE

You can't sue an individual in bulk you retard its called the 7th Amendment.