Question:

What do you think about filing a lawsuit against the city where I live which is in Southern Cal....?

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Ok here it goes, I was issued a citation of 4th of July this year for possesion/use of illegal fireworks, they police pulled up and flashed they're flashlight around looking for illegal fireworks, they picked up a firework from infront of the house and started issuing a citation without questioning if it even belonged to our party, they're were other neighbors enjoying fireworks witht their own party, we are 100% SURE that illegal firework did not come from us, I have children, but as obeying we signed the citation, on the back I read we can appeal the citation within 15days of issuance but we had to pay the $1,000 fine anyway and appeal, but we can also apply for a financial hardship waiver for the fine amount, we did. After turning everything in for example required paperwork, we weer scheduled for a hearing with the city to appeal the citation. During the appeal request process I provided a fully detailed letter of what happened, signatures with contact info from my guests as proof/witnesses that we did not use/possess illegal fireworks, copy of my $300 purchase transaction for LEGAL FIREWORKS from a booth down the street, pictures of the used fireworks and boxes, and pics of all the kids present at the time ages 3-11. I provided evrything possible. OK. WHen scheduled for the hearing the hearing oficcer was a crippled elderly man that I kid you not , first he interviwed my husband, and started asking, "why we held a 4th of July event and do not haev money to pay a citaion" we said its a family tradition and always host the event, and have family bring goodies, like a "potlock thing" and he said to us, "THATS NOT BEING A HOST", my husband said, excuse me if I didnt define the correct meaning of host, call me whatever you wish sir. its like total humilation from this guy, He then apoligized for asking eembarrasing questions by asking how we MANAGED TO HAVE A 4TH OF JULY GATHERING WITH THE AMOUNT OF MONEY HE MADE! ...my husband said to him nothing embarrasing sir, but the conversation went on. Then he questioned my husband if he made ??k last year and my husband said, im not exactly sure, he said well it says on your tax returns you only made ??k, then my husband said then thats what I made sir. Then he questioned what kind of car he drove, my husband told him and said "very expensive car you drive" I belive he questioned how we managed to buy that car and my husband responded, "We didnt exaclty purchase our cars yesterday sir", then he said if we had money to pay the ciation ? He said "We do not" .. he questioned "why" husband said, "Times are tough sir", towards the end my husband advised the man if the citaition wasnt cleared by the city he said he was going to look for alternative options, he asked what would that be, my husband said hire an attorney, and he said "An attorney is expensive if you CANNOT AFFORD this citaion a HOW can we afford an attorney! My husband said, all of my guests are willing to pitch in to pay for an attorney because we all know we are innocent of the citaition, he then said, WHy dont they help pitch in to pay for the citation? My husband then said, "Why would they" we are innocent and thats why we are here. Ok next I was interviewed same question went to me "why we cannot pay the citation", I explained we are innocent we did not have illegal fireworks at out event, and he said "We are not dicussing that right now" He asked why we couldnt pay the fine, I said we do not haev source of income rigjt now, I was laid off of work. He then asked why I was a 1099 employee, I responded I was self employed in the real estate industry, he then questioned since when I was laid off and if I still have not found a job? then he questioned what kind of car I drive? Asked if it was paid in full, asked if I had the pink slip to my car, asked the value of my car, and asked if it was paid in full! then he responded by saying it was an expensive car I had, and towards the end, I also added if this matter wasnt cleared I would seek legal advice.. What advice can I get out there? ... This man was just trying to out us down, humiliate us, ask us PRIVATE questions, and plus had nothuing to do with our appeal request for the citation.. Also he was the only one in the room, and he recorded the whole conversation! .. What chances do I have in filing a lawsuit agains the city and for what causes .. I had a friend advise me we can suit for invasion of ?? and also character ?? I just totally forgot what words he used .. But I need advice he put us down, and asked questions that anyone out there would be humiliated by thsese questions ... He isnt even a judge nor an attorney and made us feel low.. WHat can I do, thanks alot!

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4 ANSWERS


  1. i would request copies of the tape and speak to the man's supervisor. go all the way to the mayor or city council if need be. what city was this?  


  2. You can't sue someone for humiliating you.  Sorry.

    If the appeal wasn't addressed and you were ordered to pay the fine anyway I would request the tapes and bring them to court and say your appeal was not properly addressed.  

  3. Unfortunately, being rude isn't a cause for lawsuit. If he doesn't dismiss the citation, I'd definitely contact a lawyer, but otherwise, just drop it and move on.

  4. His job was to determine if you were financially hardshipped to the point you needed a waiver on the citation cost.  What else would he ask except financial situation questions?  Normal, and typical, sorry.

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