Independent Professional Advisor Helps Consumer

Independent Professional Advisor Helps Consumer

Independent Professional Advisor Helps Consumer:  Comparison of Court Terms

Court language can get tricky because of similar words used in phrases, or some concepts are used in Civil Court, and others for Criminal Court, but the meanings are VASTLY different.  Take a look:


Beyond a Reasonable Doubt – requires that the prosecution in criminal cases present evidence that is so conclusive that every element of the crime has been proven and that reasonable doubts are removed from the mind of the ordinary person.  This standard does not require the elimination of all doubt.

Preponderance of the Evidence – is the burden in civil cases, where greater weight of evidence supports the claims of one side over the other.


Dismissal Without Prejudice – means that the moving party can refile the same claim in the future, while Dismissal With Prejudice means that the moving party cannot refile the same claim.


Evidence – is any proof presented at trial including the testimony of witnesses, records documents, objects, etc.  Exhibits are objects, documents, records, etc. presented at trial and made a part of the case.


Jury Trial is when the jury is the body responsible for deciding the outcome of the case based on the facts presented.  The judge in a jury trial rules on matters of law.  In a Court or Bench Trial, the judge decides the outcome.


Juvenile Delinquency case involves a person under 18 alleged to have committed a crime.  There are no jury trials in delinquency cases.  Juvenile Dependency case involves a person under 18 who has been abandoned, abused, or neglected.  These cases and hearings are confidential, with the exception of some delinquency matters involving the most serious criminal charges.


Courtesy of Los Angeles Superior Court

Independent Professional Advisor

Seller Voluntarily Backs Out of Transfer in San Bernardino

Seller Voluntarily Backs Out of Transfer in San Bernardino Superior Superior Court at the Last Minute 2014


 Transfer Started in December of 2013

The seller communicated with a transfer company in December of 2013 to sell their structured settlement payment rights.  The transfer company filed the proper court papers with San Bernardino Superior Court.  The hearing was set for February of 2014.  Then the hearing was then postponed until April 2014.


What Happened at the Postponed Hearing

In court, at the last minute, at the request of the sellers’ attorney, the claimant asked to be “dismissed” from the hearing.  In other words:  the seller completely backed out of the contract at the last minute.


This Does Go on Record

If the seller ever tries to sell their payments in the future, this failed attempt will show up to the next judge.  This case particular case will show up as “the matter is dismissed without prejudice”.  What does this mean?


Without Any Loss or Waiver of Rights or Privileges

“Dismissed without prejudice,” means that you are free to litigate the matter in court again, as if you never brought it to court before.  “Dismissed with prejudice” would mean you could not litigate the matter again.  That would happen if the court found that you purposely misled the court or intended to deceive the court.


Independent Professional Advisers

Independent professional advisers are officers of the court and are bound by an ethical oath not to deceive the court.  Remember, you can always back out of a transfer contract-even at the very last minute.


Structured Settlement Attorney Eugene Ahtirski

Seller Voluntarily Backs Out of Transfer in San Bernardino