Need legal advice on protecting myself

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Need legal advice on protecting myself

Postby kelly1 » Wed Mar 10, 2010 7:17 am

Hi - I need advice from any our friends who are informed about legal matters. Yesterday I had an unpleasant encounter with a lady - she insisted I was blocking her car (I have photographs to prove I was well within my coupon lot), yelled racist remarks and abuses at me, threatened to scratch my car and ended up hitting me slightly with her car as I tried to prevent her from coming too close to my car.

As I moved out of her reach, my right hand, where I held my car key, dragged against her car, causing a light scratch (luckily it was a rubber key). However, her car got me on the right knee. Then she said her maid would act as eyewitness and bear out her version of the story.

She called the police and filed a report that I had "deliberately and maliciously" damaged her car. They did see the slight wound on my leg, and I also saw a doctor for this. The police advised us that it was too trivial an issue to go to court over. I agreed to let it go, but she insisted that I should get her car repaired. Now she is filing a suit.

BTW she admitted in front of the officers to having shouted the racist insults and to have mentioned her going to scratch my car, but she denied that she hit me at all, and insisted that I must have later inflicted the wound on myself!

And yes - Muffins was with me and witnessed this whole unfortunate episode!

I'm really confused - how do I prove my innocence and also make sure my side of the story is on record? I dread the thought of litigation and courtroom visits. Someone please help...

kelly1
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Postby Blobbi » Wed Mar 10, 2010 7:45 am

Hugs to you, Kelly1. I have no advice in this area. Hope you and Muffins in particular are not too ruffled. We're very fond of him here.




[Don't want to add to the negative feelings that you must be feeling. But I can't stand unreasonable people :x ].

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Thanks Blobbi

Postby kelly1 » Wed Mar 10, 2010 7:51 am

Thanks Blobbi - we feel very loved and supported here! :D Muffins is okay (thanks for asking) - he is generally quite "unrufflable" and easygoing - bless him...

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Postby mrswongtuition » Wed Mar 10, 2010 8:05 am

How unreasonable! Her maid's testimony may not be considered because of their employer-employee relationship.

I'm not a legal expert, but based on my hb's experience (similar), you should go and file a report against her, quote the original report number (the one that she made a report). It's like officially 'giving your statement'.

Then, before she sues you, you can go to Magistrate's Court to make a complaint against her for causing hurt (ask doctor to write a diagnosis that the injusry is caused by a fall) and the racists remarks.
From there, 2 things will happen. You need to explain what happened (preferably you type it out beforehand & submit with your photo evidence) and the Magistrate will decide if he/she wants to hand it over to the police (criminal case) or he/she wants to handle it (civil case).

If handed over to police, then they will investigate (ask her down for statement, etc etc).
If not handed to police, Magistrate will send both of you a letter of appointment to turn up at MC to explain what happened. Then Magistrate will decide on further action. Failure to turn up is contempt of court.

You need not hire a lawyer for this unless you have spare $$$ and don't mind getting a lawyer.

For the few cases my hb encountered, some of them upon recieving the letter, withdrew their police statement and apologised (cos scared trouble).
Others turned up at Magistrate's Court and they settled it (they had to compensate my hb).

For your case, you must be prepared that you may be asked to pay for the scratch although it is an 'accident' caused by HER ACTIONS.
However, with the fact that she made racists remarks and admitted it to the police, she might be punished because SG is going tough on racists remarks now.

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Legal advice

Postby kelly1 » Wed Mar 10, 2010 8:11 am

Thanks Mrs Wong... Although this was just what I was afraid of, I guess you're right - I will go ahead and atleast file a report so there is something on record. Sigh! So much time and energy over such a little thing when life has so many more opportunities to use one's time well... :roll:

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Re: Legal advice

Postby mrswongtuition » Wed Mar 10, 2010 8:14 am

kelly1 wrote:Thanks Mrs Wong... Although this was just what I was afraid of, I guess you're right - I will go ahead and atleast file a report so there is something on record. Sigh! So much time and energy over such a little thing when life has so many more opportunities to use one's time well... :roll:


I agree. Although my hb would not want to waste his time, he has to do this because the other party threatened to sue/harm us.

Plus she threatened to scratch your car right?
Then you must tell Magistrate with her behaviour, you are worried for your safety, your family's safety and the safety of your property. Make sure you sound like you are concerned about SAFETY and not complaining for some 'frivilous reasons'. Get what I mean?

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Postby Way2GO » Wed Mar 10, 2010 8:36 am

Hi kelly1,
Since she has threathened to take legal action against u, u hv to protect yourself even if it is troublesome.
I'm not a lawyer. Mrs Wong's advice is sound and u should be guided by her experience.
Important to file a police report to put on record your statement, including any remarks she had made with police officers and verifiable by these officers that will help u;
see a doctor and get doctor's report on your injury without delay. These will come in handy when you see the magistrate.

This kind of person is the sort that likes to scare people by shouting louder and threathening law suits; don't be afraid.
From what you said here, u are likely to win. And when u do, don't let her off easy for putting u thro' this ordeal.

Good luck.

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Legal advice

Postby kelly1 » Wed Mar 10, 2010 8:45 am

Actually Mrs Wong, I was worried for my safety! And thanks, I will definitely stress that when I make my report.

She was obviously under some stress, she admitted to the officers that she was agitated because of her baby, that she had faced "bullying and harassment" from "foreigners" before, that's why she yelled "Go back to your own country!" (At that point, I couldn't help but pull out my Pink IC and flash it at her :lol: )

Frankly, that statement hurt the most, aimed at someone from a second-third generation Singaporean family that's gone through the whole gamut of local school, National Service, NUS etc. That's the one thing Muffins was actually upset about - he said "I felt really strange inside when she said that. Good thing you showed her your IC."

This is the first time I have seen him react like that, because all his best friends at school have been, and still are in his new school, from all races, mostly Chinese. He loves Chapel and enjoys learning about all religions, celebrates Christmas and CNY at home just like we do Deepavali. He has never ever been targetted for his race or religion before, and frankly, he barely thinks about it. I was honestly shaken by this lady's obvious antipathy, and came home wondering why it is necessary to prove that we belong here as much as anyone else.

Anyway, seeing as I have little choice, just like your husband, I shall take your advice and proceed, and leave the rest to God and the Magistrate.

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Legal advice

Postby kelly1 » Wed Mar 10, 2010 8:54 am

Way2GO wrote:Hi kelly1,
Since she has threathened to take legal action against u, u hv to protect yourself even if it is troublesome.
I'm not a lawyer. Mrs Wong's advice is sound and u should be guided by her experience.
Important to file a police report to put on record your statement, including any remarks she had made with police officers and verifiable by these officers that will help u;
see a doctor and get doctor's report on your injury without delay. These will come in handy when you see the magistrate.

This kind of person is the sort that likes to scare people by shouting louder and threathening law suits; don't be afraid.
From what you said here, u are likely to win. And when u do, don't let her off easy for putting u thro' this ordeal.

Good luck.


Thank you Way2Go... need all the luck and courage :pray: cos this is so not me...

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