Do I have a viable lawsuit?

[gerente]

What is the name of your state (only U.S. law)? New York

Has a crime been committed and is it worth my time and money to pursue in filing a lawsuit? Here's what briefly took place: I was forcefully held against my will at a real estate company by its staff members who wanted to keep my personal documents. I tried to leave the office but they barricaded the doors with their bodies. The police were called and determined they were wrong. They classified the crime as harrassment. I feel violated and would like to press formal charges against the comany and the staff members who assaulted me and held me captive for one hour in their office.

 

[Antigone*]

What is the name of your state (only U.S. law)? New York

Has a crime been committed and is it worth my time and money to pursue in filing a lawsuit? Here's what briefly took place: I was forcefully held against my will at a real estate company by its staff members who wanted to keep my personal documents. I tried to leave the office but they barricaded the doors with their bodies. The police were called and determined they were wrong. They classified the crime as harrassment. I feel violated and would like to press formal charges against the comany and the staff members who assaulted me and held me captive for one hour in their office.

If you are looking towards a civil lawsuit, I have one question for you. What are your damages???

 

[gerente]

Hey there Wirelessany1, I appreciate your response. Obviously I have utilized this free advice forum to seek some insight into this matter. I do not have a legal background and I am unsure of whether or not a crime was committed to begin with. I don't even know how to classify this "crime." So, to answer your question about damages, I wouldn't know firsthand what type of "damages" I am entitled to if any at all. Maybe "civil rights" is not the proper classifcation. I DONT KNOW. What I do know, is that I was held captive and assaulted by staff members at a real estate company. The police documented the crime as harrassment. So, I leave you and anyone else who is gracially able to steer me in the right direction, or who can give me some insight, with the same question: has a crime been committed and/or do I have a viable lawsuit?

 

[Antigone*]

Hey there Wirelessany1, I appreciate your response. Obviously I have utilized this free advice forum to seek some insight into this matter. I do not have a legal background and I am unsure of whether or not a crime was committed to begin with. I don't even know how to classify this "crime." So, to answer your question about damages, I wouldn't know firsthand what type of "damages" I am entitled to if any at all. Maybe "civil rights" is not the proper classifcation. I DONT KNOW. What I do know, is that I was held captive and assaulted by staff members at a real estate company. The police documented the crime as harrassment. So, I leave you and anyone else who is gracially able to steer me in the right direction, or who can give me some insight, with the same question: has a crime been committed and/or do I have a viable law suit?

If you "captors" were arrested or cited, then what charges, if any, will be decided by the district attorney. So to answer your first question, sure a crime what committed, but it is not up to you to decide about any charges.

You want to know if you have a viable lawsuit, then again, You need to tell us what your damages are. If you cannot tell us how you have been damaged, then my answer to that question is No, you do not have a viable law suit.

 

[gerente]

If you "captors" were arrested or cited, then what charges, if any, will be decided by the district attorney. So to answer your first question, sure a crime what committed, but it is not up to you to decide about any charges.

You want to know if you have a viable lawsuit, then again, You need to tell us what your damages are. If you cannot tell us how you have been damaged, then my answer to that question is No, you do not have a viable law suit.

ok thanks much.

 

[Hot Topic]

Why in the world would a real estate company want your personal documents so badly that the staff would block the doors to keep you from leaving with them? Do you realize how ridiculous that sounds?

You mention being assaulted. Are you trying to tell us that one or more of the staff physically injured you and the police arrived but did nothing when you told them about the assault (and showed them your injuries) except cite the staff for harassment?

I'd let it go. You're not going to get any money out of this, especially since all the police thought the incident merited was a citation for harassment.

 

[gerente]

Why in the world would a real estate company want your personal documents so badly that the staff would block the doors to keep you from leaving with them? Do you realize how ridiculous that sounds?

You mention being assaulted. Are you trying to tell us that one or more of the staff physically injured you and the police arrived but did nothing when you told them about the assault (and showed them your injuries) except cite the staff for harassment?

I'd let it go. You're not going to get any money out of this, especially since all the police thought the incident merited was a citation for harassment.

LOL, I'm miffed at how we automatically assume that a payoff is the motivation behind legal action. Thank you for responding to my post. I'm not looking for money. I'm tired of people taking advantage of other people. Call me nieve, but I was violated and I want to know from a legal expert if I have certain rights that should be excercised. Is there anything wrong with that? I guess we all have become desensitized to justice in a society where frivolous lawsuits are claimed everyday. To answer your original question, the staff members claimed they wanted the documents to keep on file in case they were audited. However, they needed to have gotten permission to make copies if that was the case. As for them assaulting me, again, I'm no legal expert but I thought if a person made forcefull physical contact with another, that was called assault. I was yanked, pulled, and grabbed from behind by a group of people. When I posted on this site, I was hoping to get some legal clarification, not sarcasm. Ridicuous sounding? Imagine how i felt when I was there in the office not able to leave with MY personal documents. Your not the only one who thought it was ridiculous. Thanks again for your response.

 

[ajkroy]

You mention being assaulted. Are you trying to tell us that one or more of the staff physically injured you and the police arrived but did nothing when you told them about the assault (and showed them your injuries) except cite the staff for harassment?

I always thought that this would be considered battery, and someone could be verbally assaulted (and thus, no visible injuries). Have I always understood this incorrectly?

This is why I come here...to learn.

 

[gerente]

I always thought that this would be considered battery, and someone could be verbally assaulted (and thus, no visible injuries). Have I always understood this incorrectly?

This is why I come here...to learn.

very true... perhaps I should speak with an accredited attorney for clarification on everything. Thx.

 

[ecmst12]

"Verbal assault" is a figure of speech, not a crime.

If you weren't injured to the point where you required medical treatment, you can't sue. A lawsuit requires monetary damages. The ONLY thing you can get from a lawsuit is money. That's the only thing a judge has the power to award. I am baffled by people who say they want to sue, but not because they want money - what else do you think you can get?

There may or may not have been a crime committed but that would be up to the police and DA to figure out. If the DA declines to prosecute, then the case is closed.

 

[gerente]

"Verbal assault" is a figure of speech, not a crime.

If you weren't injured to the point where you required medical treatment, you can't sue. A lawsuit requires monetary damages. The ONLY thing you can get from a lawsuit is money. That's the only thing a judge has the power to award. I am baffled by people who say they want to sue, but not because they want money - what else do you think you can get?

There may or may not have been a crime committed but that would be up to the police and DA to figure out. If the DA declines to prosecute, then the case is closed.

Thanks for clarification, but why would you be baffled by people who say they want to sue, but not because they want money. Obviously "sue" is not the correct term for what they are seeking. If a person is violated, and they're human, they will want justice. I was violated once by a cab driver. I wanted justice, so I filed a complaint with the taxi and limo commission...turns out, he was truly in violation and had his license revoked as a result. What's the difference here? I was violated by that staff and now I want some justice. Lawsuit? maybe that's the wrong thing, but that's the purpose of me asking these questions on this site today...so that I can get the correct terminology of what I am legally entitled to doing about the situation.

 

[ecmst12]

If any of the people who offended you are licensed realtors, you can try complaining to their licensing board.

 

[Hot Topic]

You claimed you were assaulted in your first post but didn't provide any details. Now you're claiming that you were yanked, pulled and grabbed from behind. I suspect that you made that up to legitimize your claim. If that had happened, the first thing you would have posted would have been something along the lines of, "I tried to leave the real estate office with my personal papers. The staff not only blocked the door so I couldn't leave, they grabbed me, yanked at the papers to try and get them away from me and even pulled me from behind. I was absolutely terrified."

Yet all the police did was cite them for harassment.

You will be laughed out of court if you sue.

 

[gerente]

You claimed you were assaulted in your first post but didn't provide any details. Now you're claiming that you were yanked, pulled and grabbed from behind. I suspect that you made that up to legitimize your claim. If that had happened, the first thing you would have posted would have been something along the lines of, "I tried to leave the real estate office with my personal papers. The staff not only blocked the door so I couldn't leave, they grabbed me, yanked at the papers to try and get them away from me and even pulled me from behind. I was absolutely terrified."

Yet all the police did was cite them for harassment.

You will be laughed out of court if you sue.

It's folks like yourself that sickens me. What's your purpose of being on this site? Thank you all who sincerely responded to my post. I appreciate the insight and guidance. I have zero legal knowledge as most Americans and now have a little insight into my matter. I'm now aware that a 'lawsuit' is not what I need to be seeking, but filing a complaint with the appropriate party. I have a criminal police report that is verifiable and states everything that took place. I will take that to the attorney general's office and file my complaint. At that time, should I'm made aware of any other legal entitlements such as filing formal charges, then I will execerise such at that time. For the rest of you who's purpose is to make sarcastic remarks and absolutely serve zero purpose on this site, thank you for nothing.

 

[ecmst12]

The attorney general will have nothing to do with this situation. You can speak to someone from the DA's office, but that's not the same thing and no guaranty that charges will be filed.