Staying Focused that’s the key. Did the big event stall you from being active? We all want an update and information. Now that the big event is over lets get back to making change. So we have Questions and Answers to what is next
Here is much more information on what will happen and what we can do.
How long is this process going to take?
We all have to realize that the Federal actions are going to take some time. We consulted with our legal experts for a little bit of information.
First of all before a federal lawsuit can be filed you may have to file in a lower court. Depending on our claim, has it already been tried in a lower court?
If you have state claims, and file in a federal court, they will kick you back to the state court. Our attorneys will know what procedure to take so we leave this legal stuff to them.
Federal courts do have jurisdiction over litigants residing in different states, if there are more than $75,000 in potential damages. Also with issues involving federal law, including civil rights, and interstate commerce, and federal crimes. Unless, of course, your case involves both federal and state laws, in which case you can go to either state or federal court.
If the attorney has the choice of courts, then, in addition to considering where the case should be heard (geographically), whether the case should be heard in state or federal court, and at which level it should be heard, the attorney will also consider other aspects such as how convenient the court is, who the judge is, how quickly the court can hear the case, how complicated a court’s process is, etc. It is here that the attorney’s knowledge and experience with local courts and judges can come in handy.
Once the complaint is completed, it is filed in the selected court. This really gets the ball rolling — and it gets the attention of your adversary, now known as the defendant. The filed complaint has to be delivered to the defendant. This is called service of process. In addition to the complaint, the defendant will also be served a summons.
Once the defendant has been served, he must respond to your complaint within 20 to 30 days (depending on the jurisdiction) by filing responsive pleadings. One type of responsive pleading is called an answer. In that document, the defendant might totally deny the complaint, deny certain parts of it, point a finger at someone else not named in the complaint, point out technical problems in the complaint itself, etc. In other words, an answer’s purpose is to somehow modify the complaint.
If the Defendant’s responsive pleading isn’t an answer, then it must be in the form of a motion. A motion introduces some other question to the court that the judge must rule on. Motions can be filed at any time during the trial up until the final judgement is made. The party who initiates the motion is called the mover, and the other party is called the opposing party. When one party files a motion, the opposing party can file a request for the judge to deny the motion. For example, the defendant may file a motion to dismiss if:
There is no legally sufficient claim in the complaint that warrants the award the plaintiff is requesting
The court lacks the subject matter jurisdiction or personal jurisdiction for the case
The court isn’t of the proper venue
There has been a problem with the process itself
This can be delayed by the defendant, and the courts, depending on court availabilty.
For example, you might have filed the case on May 1 and not get a court date until June 31 and the defendant requests a motion to continue two weeks before the 31st, now the court has no available dates until August 1. Or the judge is out of office playing golf, and changes the date. These things and probably will happen.
Will it go to trial, then a jury must be selected, so there are a lot of peliminary court dates before the actual trial date.
The trial can be short or long depending on the process and the issues raised. At anytime the defendent can request some kind of settlement. So to be frank, it would be a miracle for anyone to get their money this year.
Another big problem
The state of Texas says there is over 4 billion in unclaimed property. Problem is they are not in your name, but probably your descendants name. http://www.window.state.tx.us/up/ or ClaimItTexas.org are the two sites the State has published. Search for your name, it will come up empty. You must find the right descendant name and search and even then, you most likely will come up blank. Here is the reason why: The state has not keep proper recording keeping in keeping up with legal heirs. That is why you need an attorney to get you a declaratory judgement and fight for you in other ways so you can properly search. You will an expert to help you in this area.
So now that everyone knows this is not going to happen overnight, the question is what can you do to help?
1. Stay in contact with your attorney and group representatives for updates
Updates maybe slow, but as you have seen in the past updates are usually monthly. It will be important for you not to do anything that would hinder their efforts.
2. Get involved
This is something we have seen dwindling. People are busy with life and then a big event happens, everyone stops, is silent and waits. This is not the time to wait. There are lots of ways you can get involved. Why? Because we need thousands of people involved, the more we have involved, the bigger our voice is to the media and politicians. We are not a small group any more and we want to make it known, we are not going to sit around and continue to accept this injustice, we are going to fight.
- Become a member : Why? Instead of reading about it, we want everyone to start getting active and do something about it, it’s easy to join click here
- We are trying to get celebrity supporters and this is the reason why: Celebrities can be powerful media voices for a cause. This will help us get more attention, and that is what we want. So maybe you know someone that is a celebrity and would like to get involved, donate, or support us. Contact us and contact them, let’s work together to get things rolling.
- Petitions – we have a big petition going, we want to get hundreds of thousands of votes for it. When we can show the courts, the media, politicians we have more than 20,000 we can make a greater impact. Share this and have everyone sign it , it’s free. For the link, click here.
- One voice united campaign – This will activate all the heir groups and people to unite together and help fight for our cause , click here
- Volunteer: This is really important. There are many things you can do, and just fill out our form, so we know what you are doing click here
- Simple ideas for getting involved : This is another great resource, see what you can do click here
- Download , print and distribute flyers for your project: click here
- Get your family, friends, school, organization, club, business involved,here are ideas : click here
- Check our events or submit an event for your project, there are always things going on.
- Voting: There is always some political vote going on in Texas, our events keeps you up to date, so you can get active and vote for those representatives that support us.
- Buttons, T-Shirts and more: Click the artwork to download these items, and get some prints, so when you have a project or demonstration, you will stand out and represent the network. click here for buttons / pins, t-shirt designs,