#is the divorce trial with collateral damages

[watcher0033]

When Gege be literally giving us an enemies-to-lovers template:

“Either we are alive or dead, together or apart, I have a promise with you.”

The High™️ Toxicity of this pairing, your honor.👏🏼

#itadori yuuji #ryomen sukuna #sukuita the amber heard vs johnny depp of jujutsu society #the shibuya incident #is the divorce trial with collateral damages #will happily report this to the dudebros on reddit 😆 #me taking a break from jjk: #twitter: not today #jjk #jujutsu kaisen #fandom

[longislanddivorce1]

Contested Divorce In Ga

Handled everything professionally and in a great timely matter. Very grateful I selected this legislation agency contested divorce to assist me with my divorce. A divorce becomes contested when the spouses do not agree on a quantity of features of the divorce.

Find the related info and share it to a degree that both events can achieve comfort that they understand what they're dividing and the place they're headed. For cases involving emotional challenges, the path in direction of resolution can be harder. Fortunately, there are a number of choices to resolve disputed points within a divorce in formal and casual ways including settlement conferences, mediation, and either early case and late case evaluations. Once the divorce petition is filed with the courtroom, your legal professional should make positive that your spouse is served the petition as properly. This is normally handled in person, by mail, by publication, or by a authorized representative. It is the accountability of the partner serving the petition that the opposite partner receives it.

If negotiations are a success, your lawyer prepares a divorce settlement settlement and information it with the proper court. Divorce mediation is an alternative to conventional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the 2 parties by assisting with communication and offering info and ideas to help resolve differences. At the top of the mediation course of, the separating events have usually developed a tailored divorce settlement that can be submitted to the courtroom. Some mediation companies, corresponding to Wevorce, additionally pair purchasers with counselors, financial planners and different professionals to work through frequent mediation sticking factors.

The starting levels of the divorce process in New York state could be the most important. It is crucial to obtain as a lot info concerning family funds as soon as you're considering divorce as things tend to disappear as quickly as it's clear that divorce is on the horizon. If the divorce came as a surprise to you, you might have to act quick to protect monetary paperwork and information, in addition to your access to it.

If submitting for a contested divorce, working with an attorney is absolutely important. If your case had been to go to court docket, your legal professional can be liable for representing you and litigating in your behalf. In this case, since each parties agree to the phrases, it doesn’t should go to trial, which suggests your lawyer won’t need to obtain discovery, file subpoenas, or perform different lengthy legal procedures.

This could make spouses afraid to surrender any ground, and even less more doubtless to attain a compromise. Divorce could be a difficult and painful occasion, an uprooting of the life that two spouses have built together. Contested and uncontested divorce in Bergen County have completely different implications for divorcing spouses in the time and expense required for every. In a contested divorce, husband and spouse disagree considerably over some and even all aspects of custody, property or help contested divorce, and so they show little willingness to provide on their respective positions. In this situation, decision won't be swift and will require a full trial before a household court docket decide who will determine all disputed points. Brooklyn divorce lawyer Karen Goldberg Sager is conscious of the way to get her purchasers what they need in a contested divorce.

There’s often “collateral damage” in a long, drawn-out divorce, too, and it can have a negative impression on children. A contested divorce is one where the two events don’t agree on essential points, similar to how contested divorce to divide debts within the divorce, child custody and different things. In an uncontested divorce, the events agree on most of the main points and may transfer ahead – all they need is for the choose to sign the decree.

Sara could be very easy and skilled whereas additionally being personable and pleasant to deal with. In a divorce, what was as soon as referred to as "ours" splits into "his" and "hers." While you can simply agree to not live collectively, what's going to occur to the things you've labored so onerous to acquire? Dividing the marital assets could be probably the most troublesome duties in a divorce. Read tips on how to divide pretty and allow your divorce to go more easily.

#law firm

[saintobio]

I just can't imagine Gojo falling for someone else at this point. Seeing as how desperate he is to keep Y/N by his side. I mean sure he did a lot of bad things to Y/N back then and seeing as Y/N accepted him despite everything may seem like he got off easily but I still feel kinda bad. I mean he deserve what he's going through right now but Y/N and li'l munchkin are lowkey being collateral damage. That's gonna hurt him more than the fact that his image as CEO is ruined.

This is probably a dumb suggestion, but how about giving up the Gojo empire to Y/N's fam to prove that what's more important to him was his wife and not acquiring the Creston Group anymore?🤷🏻‍♀️ Though the company was technically his father's and not his entirely hmm 🤔

Anyway, I was already happy with how thing are doing during the clinic visit. They were so cute, then. 😔 but Eula has to drag her enemies, must've hurt her so much to see Yuuta against her, oh well-

I imagine Prosecutor Ian as some smart sexy hubby damn. He seem so fine during the trial scene. Then you just showed us a face claim! Whoa 🤩 Gen, girl, ya had this man chasing after you for years??? Dayuuuuum

Anonymous said

it’s so sad that everyone thinks gojo will easily sleep (or be involved) with other women 😭 are we all reading the same story? now that he realizes that y/n is his life, i have a gut feeling my man will stay loyal until the very end.

for part two, i just hope gojo will be allowed to see the baby 😭 and be the father he’s always wished to be. that white haired man needs something good in his life.

good point !! we don’t know what’s going through gojo’s head tho. let’s say if yn left him, what if it just makes him go back to his old ways 🤔 i don’t think yn’s family are interested in acquiring gojo’s business :(

also yesss ian is the loyal man that chased gen for years lol they’re both lucky (and ji changwook is so attractive sdjsj)

i agree tho that gojo should see the baby if they ever end up divorcing bc this man just wants to have his own happy family sigh. nana’s gone, his mom has remarried, yuuta will go to harvard, his dad’s basically paralyzed, he has no one left :<

#saintobio.asks #series: sincerely not

[mylittleredgirl]

You watched Ted Lasso! Would love to hear absolutely all of your thoughts. It’s left me emotionally compromised and I can’t wait for the next season.

Yes!! I got the free apple+ tv trial and have had it on loop ever since so that I can fully absorb it epigenetically into my DNA before the trial expires and my descendants will reap the benefits of Ted Lasso. It's delightful in every way.

This show is obviously perfect for me -- it's parks and rec meets a feel-good underdog sports story. Every character is likeable. Rupert, as the closest thing to a villain, is still a delight to watch every minute that he's on-screen. Rebecca and Jamie are antagonists that make it easy to root for their reformation, Rebecca largely because her evil ploys are foiled so easily by the good-hearted honesty of everyone around her, and Jamie because he's so young that his jackassery could be so easily redirected. The most heartbreaking moment in the whole season to me is his trade (right off the shot of him leading the team in song), because he's right there! He's turning the corner!! My boy was about to grow up!!!

And Ted! My biggest concern going in was that he was going to be the slapstick bumbling idiot character, so I felt such great relief at the opening SportsCenter clip. Thank God he's immediately introduced as a highly skilled coach transplanted into the wrong sport, rather than entirely into the wrong career. He embodies the kind of idealized bygone American stereotype of what we would best love to export -- the folksy friendly charm and undaunted belief that success will always be around the next corner, rather than the grimdark self-aggrandizing American... everything... we have going on right now.

The ensemble is all wonderful, this post would be 17 times as long if I tried to capture all my love for them. Beyond that, I'm such a lover of tertiary characters. The sports pub has my whole heart, and my favorite shots in the show are their reactions during the games. Ted's wife has a note-perfect performance, and I love the contrast between this compassionate and caring divorce and the Mannions causing so much collateral damage as they try to ruin each other. (Along with what we don't see on-screen -- the high-profile drama of a divorce settlement where Rebecca got the football club to begin with. No wonder she was vilified by the press!)

Best episode: reversing the curse!! It reminded me of how much fun it was to be a superstitious Red Sox fan when they were a losing team. (Now that the curses are broken, being a baseball fan has lost most of its appeal.) I'm a sports fan at heart, and love the episodes that give lots of airtime to the games, even though I know very little about soccer.

Since it's always a question that arises -- I don't ship really ship anything in this. I'm glad Roy and Keeley got together. If Ted and Rebecca share a kiss in the very last episode of the series, that would be sweet, but at this point I don't feel any romantic tension between them and I'm fine with that. I do, however, feel like Rebecca and Keeley could've been served well by a drunken one-night stand, so if I were ever to read or write fic, it would be for them.

There are all the usual sports-story themes of belief and teamwork and stepping up to destiny, but I feel like the unique lesson from the show is about being genuine. Ted's success comes because he has no artifice, and assumes no one else does either -- which enables the people around him to also show up without pretense. The way the show handles apologies is a real paradigm-shift for me. I lost count of how many times a character offers another a genuine apology for wrongs great and small, and those apologies being accepted with a simple "thank you." There's a shocking lack of drama in the love triangle between Jamie and Keeley and Roy, because Jamie and Roy are never actually fighting over her (and Jamie and Keeley never trash each other after their break-up).

Pure, good-hearted, blessedly unrealistic parallel universe, I love it.

#ted lasso #i really could go on and on like way more on than this even #i caught the airdates just now -- have y'all really been on about this since last september? #dang the pandemic really did cause a time warp

[aion-rsa]

Old: M. Night Shyamalan’s Twist Ending Explained

https://ift.tt/3kKtl2y

Contains spoilers for Old.

Old is the new chiller from director and screenwriter M. Night Shyamalan who is very well known for his twisty plots and rug pull endings. Fans who go to the cinema for that will not be disappointed.  

Inspired by the graphic novel Sandcastle, by Pierre Oscar Lévy and Frederik Peeters, Old sees a family on a dream holiday get taken to a secluded private beach which they discover is causing them to age very rapidly. But how? And why?

Well, that’s not revealed until the end of the movie. Here we break down what happens and what it all means.

Who Dies in Old?

In short: everyone except Trent and Maddox, the now grown children of the family we begin our journey with. But characters die in different ways and that’s significant. Old is thematically MASSIVE. It essentially attempts to sum up the entire human experience in one movie, indicating a variety of ways a life could go – with twists and turns of course.

Rufus Sewell’s Charles is a doctor with racist tendencies and his rapid dementia sees him become violent. He murders rapper Mid-Sized Sedan (Aaron Pierre), tries to kill Guy (Gael García Bernal), and eventually is killed himself by Prisca (Vicky Krieps), who stabs him with a rusty implement giving him super-rapid blood poisoning. His mother has already died of what seems to be a heart condition at the start of the movie.

His wife Crystal’s (Abbey Lee) calcium deficiency causes the most horrific deterioration scene in the whole movie; her bones crunch and become contorted into hideous and unnatural shapes as they crack and then heal too quickly. It’s a medical condition, sure, but there’s an implicit judgement of Crystal in the background. The beautiful, much-younger wife of Charles is positioned as being overly fond of her looks and as she starts to age and her body lets her down, she hides in a cave in the darkness rather than be with other people. 

Crystal’s daughter Kara goes from being a little kid to a teenager, is pregnant, and immediately loses the baby (harrowing). Later she tries to climb her way to freedom but falls to her death.

This is a doomed family: a disjointed group who essentially all die horribly and alone, as opposed to the family we meet at the start. Mum Prisca is thinking of divorcing Dad Guy; she’s been having an affair, but both parents love their children fiercely and ultimately love each other too.

Only Prisca and Guy are given a ‘good death’ – they live out the minutes of their lives together. The couple reunite and solve their differences, row with each other and their children but eventually make peace with themselves. Though she has lost the hearing in one ear and his vision is severely impaired, they sit together on the beach at the end of their all too short lives and agree there is nowhere they would rather be than together.

Third couple Jarin (Ken Leung) and Patricia (Nikki Amuka-Bird) have narratively significant deaths. Jarin attempts to rescue the group by swimming around the coast, but despite being a strong swimmer he doesn’t survive. This death emphasizes that the group has tried everything and can’t escape. Meanwhile Patricia dies of an epileptic episode. This becomes very significant later in the movie when we understand the drugs she’s been given have prevented an episode from happening for 16 years (more on this later).

What’s the deal with the rapper?

The first people at the island are a famous rapper (according to young Maddox) with the stage name Mid-Sized Sedan (real name Kevin) and the woman he is with. She has taken a swim (naked) and later washes up dead, sparking the first wave of conflict on the beach as racist Charles immediately accuses Kevin of murdering the woman. 

As a catalyst this works narratively and comes loosely from the graphic novel Sandcastle though in Sandcastle the man is an Algerian Jeweler rather than a Black rapper. 

Read more

Movies

How The Empty Man Became the Ring Video of Streaming

By Kirsten Howard

We do wonder though, why, when his companion swam out into the sea he wouldn’t have been a bit more bothered about that and wouldn’t have asked the others for help as soon as they arrived? Also her body doesn’t appear to be especially decomposed when she washes up (while she decomposes very rapidly once on the beach).

Any thoughts about what’s going on here? Let us know in the comments.

So what is actually going on with the beach?

Electromagnetic material surrounding the beach is causing cells to age incredibly quickly – at the rate of around a year every half an hour. The kids are still growing so their aging is more obvious than the adult characters. The adults don’t get grey hair, according to a throwaway line, because hair and cells are dead and so aren’t affected – the same reasoning why they don’t all suddenly have very long hair and fingernails.

Though the film has a strong existential and allegorical angle there is actually, in theory, a real world solution – as in, the answer is ‘science’ and not ‘magic.’ This is why there are no fish in the water on the beach, and why it’s significant that when Trent and Maddox emerge from the other side of the coral they suddenly see a school of fish. The explanation for why they can’t just leave the way they came is that reversing the rate of aging very quickly causes an enormous shock to the system (like resurfacing too fast from deep sea diving), which causes them to black out before they can get anywhere.

So why on earth has the holiday resort actively decided to send people – and these people specifically – to suffer a horrific fate on the beach?

Turns out the resort is really an incredibly elaborate front for a pharmaceutical company…

What does the pharmaceutical company want and why?

This pharmaceutical agency discovers the beach and sees the potential for whole-of-life medical trials to be carried out in just over a day. In theory these trials mean vital medicines can be tested incredibly rapidly for efficacy and also for side effects. Okay, not terribly reliably – medical trials don’t tend to involve observing patients from a distance with no actual lab tests and checks, and the beach is hardly a real-life adjacent or controlled environment. But this is the logic.

Candidates are selected who are having treatment for various specific conditions already. Prisca has a tumor which she thinks is benign, and it’s through her that her family is selected. Others on the beach with them also turn out to have conditions. 

The facility has arranged all of the families’ travel and accommodation and taken their passports away from them – there (supposedly) is no evidence that they even left home, which is how the pharma is able to carry out its plans without being caught.

The system is flawed (it’s obviously massively morally flawed and also doesn’t hold up to medical scrutiny either since it’s hardly a meaningful test when it’s on individuals whose bodies don’t behave at all like regular people, but we digress…). One of the employees points out how unsound it is to put test subjects with neurological disorders in with those with conditions that do not affect the mind. Charles killing Mid-Sized Sedan and stabbing others rather interferes with the results.

On arrival guests are given specially mixed cocktails supposedly based on their preferences and dietary requirements – these cocktails are drugged with whichever experimental new treatment the lab wants to test. 

Another possible hitch: surely treatments aren’t usually one dose and then you’re done for your entire lifetime? But different rules apply here, hence the children needing to eat lots of food to account for their changes in body mass but the grown ups who stay at roughly the same weight don’t have the same issue. 

When the twist is finally revealed, we learn that the events we have been watching are part of trial number 43, and the team are celebrating a victory – the epilepsy drug given to Patricia (Nikki Amuka-Bird) is a success and stopped her from having a seizure for 16 years. (Just as well Charles didn’t murder her first.)

How do Trent and Maddox finally escape?

For a time it actually looks like they haven’t escaped. M. Night Shyamalan’s nefarious surveiller who has been watching the island the whole time is convinced the two have drowned.

Read more

Movies

Jordan Peele Calls ‘Nope’ on His Next Horror Movie

By David Crow

Thank goodness, though, that they have not. While we know countless families before them have died on the island, it still would have been almost too unpleasant not to spare these two. For a start we’ve been with them the whole movie, they’re our focal characters and all of the different actors who play the two as they grow keep us hooked. But these are all children – 11 and six at the start, who’s lives really are being stolen from them. They are not sick. They are not instrumental in progressing medical research. No fancy drugged cocktails for the kids, they are literally collateral damage – loose ends to be tied up. Kara has plummeted to her death but the now grown up Maddox and Trent (Amon Elliot and Embeth Davidtz) are the last hope.

And it turns out to be another child that is their salvation. Trent remembers that he never translated the note that his young pal Idlib (Kailen Jude) gave him in their special code. With frankly nothing more pressing to do than await his death, adult Trent decides to take a look. The amazing Idlib has given him a clue about his uncle not liking the coral. Turns out the tunnel of coral provides the sort of casing it requires for them to be able to get away from the force of the beach without immediately blacking out.

What about the diary?

The diary left by a previous islander is key to the ending of the movie, avoiding having to waste the audience’s time with police incredulity. 

Back at the resort having escaped the beach, the now grown Trent spots a man he’d met when he was six and playing the (narratively handy) game ‘what’s your name, and what is your occupation?’ This guy, he remembers, is a cop.

The diary documents all the things learned by another victim of the beach and the families that were there during that trial. It documents the names of everyone on the beach, as well as the things this person – who, like Trent and Maddox, was a child when they arrived – learned during their last days. The cop is able to quickly cross reference and find that everyone on the list is a missing person, missing at the same time.

Maddox and Trent get their happy ending (kind of) – they are able to expose the dodgy pharma company, prevent any further victims, and are airlifted away after saying a sad and grateful farewell to Idlib, who is very much still a child. 

We do need this ending. The film as a whole is incredibly bleak, and giving these two a chance to save the day is a tonic. Old is careful not to present this ending as too cheerful though. In the flight away from the resort Trent talks about contacting his aunt and when asked about his reaction he replies:

“How would you feel if a 50-year-old man called and said he was your six-year-old nephew?”

cnx.cmd.push(function() { cnx({ playerId: "106e33c0-3911-473c-b599-b1426db57530", }).render("0270c398a82f44f49c23c16122516796"); });

They are free and they are alive, but what will happen to Trent and Maddox now is a different story.

Old is out now in cinemas.

The post Old: M. Night Shyamalan’s Twist Ending Explained appeared first on Den of Geek.

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#aion-rsa #Den of Geek

[gamergate-news]

And here we go again with this shit.

Spider-Man has taken on his share of street thugs and supervillains, sometimes teaming up with the police to face down foes and rescue the people of New York. While Spider-Man on PS4 undoubtedly shows Spidey’s allegiance to his community, it also casts him as a big fan of police and their tactics that sometimes conflict with that civic mindset. From cheesy detective impressions to Rikers prisoner beatdowns, Spider-Man’s uncomplicated approach to crime clashes with the reality of day to day life.

One of the earliest things you do in Spider-Man is go around activating security towers, made by Oscorp but used by the NYPD, that make it easier for Spider-Man to track crimes as they happen. Narratively, these towers allow the police to better surveil citizens; they also give Spider-Man access to police frequencies. They’re always listening, giving out calls to car chases and telling the player about break-in attempts that Spider-Man can thwart before the crime occurs. The uncritical use of these towers struck some players, especially those who live in New York, as odd. An NYU Game Center scholar took to Twitter to note similarities between these towers and the real world real NYC security cameras that IBM recently used to make skin-color profiling technology. Meanwhile, Spider-Man’s enthusiasm for the police—from his stated love of busting drug deals to his cheesy “Spider-Cop” impersonation—had my coworker Tim Rogers calling Spidey a “narc.” While I found Spider-Man as good-hearted and heroic as ever, he was also way more accepting of state power than I expected from a hero with a history of being wrongly maligned by the press and police.

Modern superhero games have trended further and further towards authoritarian extremes. Injustice 2’s core conceit hinges upon the audience believing that Superman, that all-American Kansas boy, could conceivably rise to lead a strict and heartless regime following the Joker orchestrating Lois Lane’s death. That incident, and its extremes, call to mind the reactionary shift in American politics since September 11th, 2001. We can believe in Superman’s militarism because it reflects a 21st century historical reality. Despite Superman’s role as antagonist, the heroes facing off against him—and begrudgingly allying with him once Brainiac enters the story—share a similar authoritarian streak. This is best expressed in Batman’s disturbing “Brother Eye” surveillance system, which can spy on anyone in the world. And while Spider-Man’s Oscorp-made, police-operated surveillance towers aren’t as extreme as Brother Eye, they are features of a similar predictive, Watchdog-esque surveillance state.

Spider-Man have never quite shared Bruce Wayne or Superman’s drive for power or control. He’s the the boy from Queens who rose to the challenge. New York based superheroes have always had a much more intimate feel than other characters. Luke Cage isn’t just a super strong hero; he’s Harlem’s hero. Daredevil is the protector of Hell’s Kitchen. And while Spider-Man often swings around Manhattan, he still can drop in at a bodega for a sandwich in Flushing or Astoria. That street-level, community minded nature clashes with the high-tech surveillance of the game’s towers and the game’s outlook on police.

Modern superhero games have trended further and further towards authoritarian extremes. Injustice 2’s core conceit hinges upon the audience believing that Superman, that all-American Kansas boy, could conceivably rise to lead a strict and heartless regime following the Joker orchestrating Lois Lane’s death. That incident, and its extremes, call to mind the reactionary shift in American politics since September 11th, 2001. We can believe in Superman’s militarism because it reflects a 21st century historical reality. Despite Superman’s role as antagonist, the heroes facing off against him—and begrudgingly allying with him once Brainiac enters the story—share a similar authoritarian streak. This is best expressed in Batman’s disturbing “Brother Eye” surveillance system, which can spy on anyone in the world. And while Spider-Man’s Oscorp-made, police-operated surveillance towers aren’t as extreme as Brother Eye, they are features of a similar predictive, Watchdog-esque surveillance state.

Spider-Man have never quite shared Bruce Wayne or Superman’s drive for power or control. He’s the the boy from Queens who rose to the challenge. New York based superheroes have always had a much more intimate feel than other characters. Luke Cage isn’t just a super strong hero; he’s Harlem’s hero. Daredevil is the protector of Hell’s Kitchen. And while Spider-Man often swings around Manhattan, he still can drop in at a bodega for a sandwich in Flushing or Astoria. That street-level, community minded nature clashes with the high-tech surveillance of the game’s towers and the game’s outlook on police.

Police are an unimpeachable group in Spider-Man. They show no real flaws and make no mistakes. They don’t feel like an integrated part of the the community; they pepper cutscenes and sometimes walk the streets but mostly show up as an allied faction in procedurally generated crime events. Even if Spider-Man’s New York is largely a fiction, it points towards a real place. New York is many things, but it is also the city of Eric Garner, stop-and-frisk, and Palantir. Rikers isn’t some fake pastiche location like Arkham Asylum. Real life police are a complicated presence in New York, but in Spider-Man they’re part of Spider-Man’s vigilante quest for justice, rather than members of the communities they’re supposed to protect. This simplification extends to the game’s portrayal of the criminal justice system as well. About half way through the story, villains orchestrate a massive breakout at Rikers Island. It’s treated as a crisis so dire that Spider-Man temporarily abandons his search for a potentially pandemic-causing biological weapon to help the NYPD bust skulls and put down prisoner riots. Without fail, every convict is violent and aggressive.

In reality, New York is moving to close Rikers on a ten-year timeline on the recommendation of organizations like the Independent Commission on New York City Criminal Justice and Incarceration Reform. The majority of people incarcerated in Rikers’ are people of color, and many are citizens waiting for their trials in a backlogged court system, often for misdemeanors and unable to pay expensive bail. In one of the most most prominent cases, 16-year-old Kalief Browder spent three years in Rikers—a majority in solitary confinement—awaiting trial for the theft of a backpack. He committed suicide two years after his release from prison.

In real life, the conditions at Rikers Island and the systems surrounding it are complex, but games like The Division and Spider-Man flatten that complexity in favor of giving you criminal enemies to overcome. The Division features “the Rykers” as an opposing force for much of the mid-game, and while its radio makes mention of how many prisoners are in jail for minor crimes like drug possession, your primary interaction is to shoot everyone.In Spider-Man, these prisoners function as generic thugs to fight in waves. Despite being a superhero who is on the side of the people, when faced with this element of his city, Spider-Man forgets his allegiances and just enjoys beating the shit out of them.

While Spider-Man’s criminals are one-note, the game features a diverse and, I’ll admit, likable cast of supporting police officers. Spider-Man’s radio contact Yuri Watanabe is beleaguered but reliable, working with Spidey to protect as many people as possible. Miles Morales’ story hinges on the integrity and heroism of his police officer father Jefferson Davis. Watanabe and especially Davis are fun characters who I like spending time with. Their idealism provides a powerful contrast to the cruel, destructive forces of Silver Sable and her mercenary corp, who care little for collateral damage. As they crack down, side quests open up where Spider-Man needs to rescue protestors imprisoned by Sable. In these moments, Spider-Man seems to suggest that if policing is necessary, it must be something more communal, and these standout police characters suggest such a thing might be possible. But this can’t quite overcome the game’s tendency to paint simplistic portrayals of police as good and criminals as evil.

Spider-Man’s simple presentation of crime and policing feels tone-deaf in the modern age, when more and more people are growing aware of the class and race dynamics of policing. This isn’t to suggest that the game needs to take a break every ten minutes to infodump real world statistics, but games are released in the context of their time. We’re post Edward Snowden, living in the age Black Lives Matter. Last week, Dallas police officer Amber Guyger shot and killed 26-year-old Botham Shem Jean in his own apartment. This is the world we live in and the world Spider-Man was released into. While it might be nice to escape into a world where these problems don’t exist, that is a luxury that countless people cannot afford.

Spider-Man’s portrayal of policing feels divorced from reality, to the point that it feels out of line with Spidey’s comic book heritage. Comics often speak to what’s happening in the real world. Captain America assumed the role of Nomad in 1974, the same year that Richard Nixon resigned from office in the wake of the Watergate Scandal. The X-Men have a history of allegorical representation of minoritized and persecuted groups. Spider-Man doesn’t seem interested in reacting to the real world. My colleague Tom Ley wrote about this at Deadspin, noting that nearly every side activity involved aiding the police. This stands in contrast to games like Spider-Man 2, where Spider-Man returned as many lost balloons as he webbed up muggers. Instead of being part of the complex life of the city, this latest Spider-Man sees a black-and-white world of cops and robbers. He aids in state surveillance, standing unquestioningly alongside an overly idealized caricature of the police. He’s still friendly, but I don’t know if he’s part of the neighborhood now. 

I bet this she thinks she woke and doing all those black folk favor.

Because police brutality is exactly what I want in my escapists fantasy video game.

[iv-kplpt]

bad days, good nights

plot summary: she moved to gotham looking for a new start. he leads a double life - as a brutal vigilante and as a broke pizza delivery guy. she falls in love with both of them. whoops. or: the one that got out of control.

rated m just to be safe (very vague nsfw and gore)

~9,6k words

Charlie had been in Gotham for less than three months when she first met the Penguin - city's most brutal vigilante, surpassing even the Batman in his ruthlesness. He was not afraid to get his hands dirty, he was not above killing and he was infuriatingly elusive; no one had the slightest clue as to who's hiding behind the mask and under the suit. No one knew who's pulling the trigger. There was no name, no face; only distorted voice and a weird sense of justice.

She moved to the city looking for a fresh start - her first and only marriage ended in an ugly, messy way. New York was forever ruined for her - those were the streets she walked with Harry, this was the park where they kissed, this was the church where they married. She couldn't stand those familiar streets, those noises; and Gotham City had a reputation of a place willing to give anyone a second chance. Her father used to go to school there and he remembered those times fondly; so she packed her things, her scars, her grief - and took it to the city of second chances.

She wasn't bothered by Gotham's rather peculiar problem with masked villains and vigilantes - no place on Earth is perfect, after all. New York also had its fair share of problems; and she kind of admired the Bat. He was on national news from time to time; he was the symbol of Gotham.

But only after moving there she found out about the Penguin.

"That guy's a freak." Louise - her new friend - told her one evening, as they were having a girls' night out. "Also he makes my life hell."

"Oh yeah?" Charlie asked, playing with an olive from her martini and politely ignoring a guy who's been eyeing her from across the room. "Do tell."

"Well, for starters, he keeps killing people my people are looking for. He just... Kills them. No trial, no warning - bam. He's the judge and the executioner."

"Sounds to me like he's doing your job for you." Charlie said jokingly and Louise scoffed.

"Oh puh-lease. And then there's this fucking Batman dude, right? He's our top priority - so Grogan firmly refuses on giving resources to poor losers forced to look for the bird mask guy. And this list of losers... Includes me."

"Hey, speak of the devil." Charlie said, glancing at a tv screen behind the bar. "He just did something."

"Yeah. Fuck!" Louise groaned, looking at her phone. "I just got a text from Dent."

"I keep forgetting you work directly under him, you know." Charlie sighed, thinking about Gotham's handsome, ambicious district attorney. "Is he nice?"

"He's the nicest fucking man in whole wide Gotham." Louise muttered in response, typing her reply. "And I mean it. He's a delight."

"You should introduce me some day."

"Don't hit on my superior, Charlie."

"Why not? He's cute."

"And you are freshly divorced and don't know anyone else in Gotham. Leave Dent alone, we'll find you someone not married to his job. Deal?"

"Deal."

And Louise kept her side of the bargain - mostly. She did her best to introduce Charlie to Gotham social elite; and Charlie was slowly settling down, feeling more and more at home, despite being unable to find anyone who'd actually catch her eye. There was Bruce Wayne, who was very polite, very popular and very boring; there was Katherine Kane, who was very beautiful, very intelligent and very disinterested in fancy parties; and other people, whose names Charlie was slowly learning.

But all in all, Gotham was treating her well - she bought a beautiful house in Crest Hill, Gotham's prestigious suburban neighborhood. She made a few friends, and found some interesting places; she enjoyed Gotham's melody and rhytm and the way its streets and people accepted her as one of their own almost instantly. And it seemed like the whole masked villains thing had been blown out of proportions; at least until that one memorable fundraiser she attended.

It was Harvey Dent's fundraiser; he was running for mayor and he needed funds for his campaign, as his private pockets were not bottomless. Everything was smooth and dandy - and then the Joker showed up.

What did he want? What was his purpose? Nobody could tell, but everyone was afraid of this pale faced, smiling man; his sweetened words and little jokes were intemingled with brutality and sadism and he was unpredictable and destructive like a forest fire.

He showed up. He terrorized the party.

He took Charlie hostage, actually. He spotted her in the crowd, paralyzed next to the table and grinned, as if he knew she's not from around there, as if he somehow smelled new blood. But he knew; and there she was, paralyzed with fear, the Joker putting a gun to her head and cheerfully talking about how beautiful the evening is. And she was shaking and was holding back tears and she could spot Louise and Dent in the crowd, motionless, helpless.

She was sure this is it, this is the end; he'd probably kill her on spot or - even worse - take her with him and then break her, piece by piece, the way he liked to.

(Everyone knew what he does to pretty girls. It involved needles and crowbars and knives. He was leaving shattered people behind and was eluding everyone; the police, Batman, Penguin. All that was left was a trail of blood and tears.)

But he never got to do it to her; or to anyone else.

He dropped dead, half his head missing, a lot of his blood and brain tissue splattered in Charlie's hair; Penguin managed to sneak in and shoot him from the side, killing him instantly.

She slowly turned her head and looked at the suited vigilante, who was calmly reloading his gun, his mask perfectly expressionless, his outfit absolutely impeccable.

(He was making this yellow tie work.)

"Terribly sorry about your hair." he finally said, completely ignoring everyone else. "But that was my only chance to take a shot without the bullet going through you as well. Are you alright?"

"I need a drink." Charlie replied softly and fainted, falling right into Penguin's arms; he caught her and - before drifting away - she thought he actually smells nice, like good cologne and-

*** She woke up in a hospital room; and as soon as she opened her eyes, Louise barged in, followed by detective Bullock and Dent, the latter very apologetic, the former very tired.

They had questions; and she didn't have any answers. She saw what they saw, and knew what they knew, if not less; why would the Penguin want Joker dead? Why wouldn't he?

"What happened after I passed out?" she eventually interrupted them. "Did he escape?"

"...don't tell me one murder was all it took to turn you into a fan." Bullock muttered and Louise shot him a tired look. "What? She's worried about him, just look at her!"

"He saved my life, didn't he?"

"He did." Louise agreed reluctantly. "Well, after you fainted... He carried you to a back room. And then Batman showed up. And they... Did their thing. Lots and lots of collateral damage."

(Batman and Penguin - despite having a similar goal - were not at all friends. Batman didn't approve of Penguin's murderous tendencies; and Penguin didn't approve of Batman's no killing rule. They lacked understanding. They often had to relieve some tension by beating the crap out of each other.)

"We will be keeping an eye on you for some time." Dent informed her. "Just to make sure... You're fine. Will you tell us if he ever reaches out to you?"

"Of course." she assured him, not believing a single word she was saying. "I will."

(The thought of Penguin carrying her in his strong arms filled her with a warm fuzz. He saved her life! He made his stupid mask look good with a suit! And then he carried her, after she fainted! It sounded to good to be true. It sounded dreamy. It sounded cliche.)

"Please tell me you don't have a crush on him." Louise asked her the moment they were left alone and Charlie blinked innocently.

"What?"

"Oh, don't play dumb, you know what I mean."

"I feel like I owe him something, that's all." Charlie said, choosing her words carefully. "Hey, do you think I can go home now?"

"Just let the doctor check if everything's alright and you're free like a bird." Louise said slowly, staring her down. "Like a very flightless bird."

"...oh come on."

"Please don't make my job more difficult than it already is."

They let her go few hours later; it was dawning when she got home.

And something... Was definitely wrong - starting with the fact her front door was open; and she knew she had locked it before leaving.

She should have called the police; but instead - lead by morbid curiosity - simply went in.

Penguin was in her living room, on her couch. And he was bleeding.

"Evening." he said after realizing she's standing in the doorway, with her keys still in hand, staring at him. "Is this... Your house?"

She nodded and he let out a quiet chuckle, interrupted with a pained groan.

"Small world." he said finally. "Hey. Do you know... First aid?"

"I know a lot more." she said, slowly putting her purse down. "My mother's... A surgeon."

"Really?" he asked, as she approached the coach, turning the lights on on her way there. "Then I guess it's my lucky day."

"I wasn't expecting to repay the favor so soon, mister Penguin." she said, kneeling down. "I have to take a look at this."

(Stab wounds. And probably a broken rib or two.)

"I'll patch you up." she said, getting up, his blood on her coat. "I'll be... Right back. Don't move."

"Oh, very funny." he scoffed and she turned around, hiding her smile. "Make it snappy, eh? I'd hate to bleed out in your living room."

She cleaned up his wounds and patched him up as much as she could; she was no surgeon. She was an amateur.

But it seemed to be enough and Penguin visibly calmed down and relaxed. Even with his mask on, she could feel his eyes on her hands.

"What's your name?" he asked eventually.

"Charlie." she replied quietly, looking up. "Alright, that's it. That's all I can do."

"And it seems to be just enough." he said in response, looking down on his bandaged chest. "You are a very literal lifesaver, Charlie."

"Well, so are you." she said, getting up and stretching. "I guess... I should thank you. For today."

"That's my job, isn't it? Killing the bad guys, saving the good guys. And... Once again... So sorry about your hair."

"They got it all out in the hospital. Though... I think I can still feel it." she confessed with a shudder. "His blood. On my skin."

"Well, it's a good thing you can feel. It means you're alive."

"Is that you trying to convince yourself to not worry about being in pain?"

Penguin laughed and her heart skipped a beat.

"Maybe." he admitted finally. "Can I uh... Stay here for a few hours? I think... I need some sleep."

"Of course." she said softly. "I will... Bring you a blanket."

"Thank you, love."

He fell asleep before she came back, and she stood in the doorway for a moment, staring at him; he kept his mask on and she was sure it's uncomfortable as hell. She gently brushed it with her fingertips, wondering who's hiding behind it.

He muttered something, as she covered him with her favorite blanket; very fuzzy and very blue.

Before heading to bed - she was dead tired herself - she left a note on the table, right next to his gun (she was sure it's the same gun he used to get rid of the Joker once and for all); she asked him to not wake her up and to not leave without eating something first.

When she woke up - around noon - he was gone, leaving behind only dried up blood and some breadcrumbs on her kitchen table.

He ate her bagels. And her cream cheese. But she didn't mind; neither she was concerned about all the blood.

She didn't have any energy for going out and being social that day; so she ordered a pizza. There was a decent pizza place nearby; and the truth was, she wasn't actually that big of a fan of their food. It was definitely good, but she didn't even like pizza all that much; but they had a delivery guy with the most beautiful face she had ever seen.

His name was Oswald. He was tall, very, very handsome - in this rugged, nonchalant way she secretly loved - spoke with awful British accent and she simply loved looking at him. And listening to him. She was sure his politeness and cheesy humor he was always greeting her with were coming from the fact she was a rich customer, who tipped well; but she enjoyed it regardless.

Also for quite some time she had been wondering how to ask him out without making it weird. He seemed to be into her; more than once she caught him glancing at her skin, more or less flustered.

(Part of her wanted to hold hands and go for a walk with him. Another part of her wanted him to push her against a wall and make her beg. It was complicated.)

But, alas, it was not her lucky day; Oswald wasn't working that day, as the delivery girl - April - informed her.

"He does say hi though." she added with a giggle and Charlie's heart - for the second time that day - skipped a beat. "He called in and he said he has a feeling you're going to be ordering today and he asked whoever will be delivering to tell you he says hi."

"Really?" she asked softly. "Please tell him I said hi as well."

"Will do!" April assured her, pocketing the generous tip. "Have a good day!"

And Charlie was left alone with a big cheese pizza she didn't even like and a quickly beating heart.

*** During the following weeks, she met Penguin few more times.

Every time he was acting the same - courteous. A bit snarky. Ruthless to bad guys. Very apologetic, if their meeting was taking place on her couch, where he was bleeding and she was patching him up.

"You should get yourself a doctor." she muttered during one of those nights, and he snickered under the mask.

"Why, are you getting tired of me?"

"No, but one day I'll be unable to help. I'm not a miracle worker."

"You do work miracles on me, Charlie." he claimed and she sighed. "Also, I enjoy your company."

"Oh really? That's a smart move, being nice to someone patching you up."

(Her humor was a facade, behind which her joy was hiding. He seemingly didn't notice.)

"I'm dead serious, Charlie. I enjoy our time together... Plus you didn't rat me out, despite being under McDonagh's watchful eye."

(He said our. She liked that, more than she probably should.)

"Louise's a friend." she said, taking her gloves off. "She worries about me."

"Tell me about your life." he said suddenly, as she was walking to the kitchen.

"There's not much to talk about." she said carefully, washing her hands in the sink. "Really."

"Well, then tell me about those few things that are there." he said, right behind her, and she jumped in place; he quietly followed her to the kitchen and was standing right behind her. "I'm... Interested."

He was half naked and for the first time she had a good occasion to take an actual look at him. He had a body of someone whose fighting style was all about agility and speed; he was lean, and his muscles weren't bulky.

He did have beautiful arms though.

"Are you going to just stare at me in silence until I go away?" he asked amused and she blinked a few times. "Because it's not going to work. Just tell me to piss off."

"Sorry." she muttered, turning to the sink again and pouring herself a glass of water. "Right. What do you want to know?"

"Everything's you're willing to share, I suppose."

"I'm an only child." she started slowly, sitting on the table; he sat on the floor, groaning quietly, his back against the wall. "My family... Well. Old money from New York. Nothing very original. I moved here about... Five months ago? Yeah, five."

"And why did you come here?"

"Because I wanted a fresh start." she said shortly. "Personal matters."

"Ah. I symphatize. And... How's this old hag of a city treating you?"

"I've got nothing to complain about. People are... Mostly nice. Though I still have yet to meet Batman."

"He's an asshole." Penguin informed her calmly and she giggled. "But that's my opinion, after getting my ass handed to me by him several times."

"Well, I'm not going to fight him, I just want to look at him. See if he's really as scary as people claim he is."

"He's not." Penguin said shortly. "He's just a man, dressed up as a bat... Can be scary, if you're afraid of bats. Or men."

(She saw Harry's face for a brief moment. Then Oswald's.)

"Men don't scare me. Some of you are... Pretty alright."

"Oh?" Penguin asked, tilting his head slightly. "Got someone specific in mind?"

"There's this pizza delivery guy..." she said absentmindedly. "Oswald. Oswald... Something. He's funny. I like him."

"Then ask him out." Penguin said calmly and she laughed, realizing it's past midnight and she's sitting on her kitchen table, telling her life story to Gotham's most blood-soaked vigilante. "Hey! What's so funny?"

"Nothing! Nothing. But yeah, I might do that. Is there someone in your life, bird guy?"

"Ah, you know I can't tell you that." he said, shaking his head. "The less you know about me, the better for you."

"You're probably right." she agreed sadly. "But come on. Give me something vague."

"Well, there is somebody." he said slowly and - for some reason - her heart dropped. "We're working on it. And that's all I can tell you."

"I hope you'll make it work." she said quietly, getting up. "I'm going to bed. You can have the couch."

"Thank you, my fair lady." he said, nodding in her direction as she left, oddly determined to ask Oswald for his number the next time she sees him, so next time Penguin crashes in her living room she can tell him about this wonderful man she started seeing.

Batman paid her a visit the next night.

She just finished cleaning Penguin's blood off her floor; she's been scrubbing it for almost an hour - and when she got up and turned around, Batman was there, in her living room, staring at her quietly.

He looked very unsettling in the bright light of her lamp.

"Spilled something?" he asked in his signature, deep, growly voice as she stared at him in disbelief.

"Yeah." she replied finally, slowly sitting down in a nearby chair. "Yeah."

Batman. In her living room. Right.

"I know Penguin was here." Batman said calmly, staring her down.

"Who?" she asked, deciding to play dumb.

(She promised herself she won't rat Penguin out. Not to Louise. Not to the police. Not to Batman.)

"I'm going to pretend I didn't hear that." Batman informed her and she winced. "But you have to stop protecting him."

"I'm not protecting anyone though."

"...I'm going to ignore this as well. I know he visits you often, and I know you've been helping him. Why?"

He stared at her, and in the heavy silence she suddenly remembered all the blood he had spilt, all the bones he had broken.

"He saved my life, you know." she said with a shrug. "From the Joker. And it's... More than can be said about certain other people."

"I can't be in two places at the same time."

"And where were you?" she asked, staring at him. "No. Don't answer that, it doesn't matter. What matters is that... Penguin helped."

"And now you're helping him."

"I'm not." she lied again. "All I'm doing is... Voicing my support for the cause."

"This is pointless." Batman muttered and took a step in her direction and she was very, very close to a heart attack-

but Penguin always knew how to make an entrance.

"Batsy!" he said with false enthusiasm, stepping into her house and glancing at Batman. "What on Earth brings you here?"

"Cut the crap, Penguin." Batman said quietly, for a moment turning his attention away from petrified Charlie.

"She has nothing to do with it, Bats." Penguin said, abandoning his false joviality. "Leave her out of it. She knows nothing, she saw nothing... What's your policy regarding innocent bystanders, hmm?"

"Then why are you here, Penguin?"

"Oh, deduce it out!" Penguin said mockingly. "World's greatest detective... Come on! Deduce!"

Whatever his plan was, whatever his intention was - it worked. He started to slowly walk backwards towards the exit and Batman followed and Charlie was left behind in her chair, mortified, staring at the two men.

(She sometimes had problems telling if Penguin was looking at her or not; but this time she could feel his eyes on her. He was glaring at her from behind the mask and she looked back, above Batman's shoulder and for a brief moment she felt like the two vigilantes know something she doesn't. Obviously, they knew a lot of stuff she had no idea about; but they knew something about each other she felt might be important.)

They both disappeared into the night and she was left alone with her racing thoughts and a burning feeling on her face, where Penguin's eyes touched her.

"Well." she eventually muttered to herself, locking her front door. "New Yorkers have to meet Woody Allen, and Gothamites have to be vaguely threatened by Batman. Seems like everything's in order."

(She would have called Louise... But she was doing this one exact thing she was asked to not do. It was just her and Penguin and Batman. Not exactly a dream scenario.)

*** The perfect opportunity to follow Penguin's uncalled for advice regarding her personal life presented itself the next day. She went out to get some groceries - and the pizza place Oswald was working at was on the way.

So she dropped by - for the first time actually seeing the place. It was small, and seemed popular, considering all seats were taken, and the workers seemed to be busy - but April was behind the counter and she noticed Charlie after a short while.

"If it isn't our best customer!" she said with a smile, as Charlie waved at her. "Are you here for Oz?"

"Oz?" Charlie repeated uncertainly. "I... Guess?"

"Everyone calls him Oz, Oswald is a mouthful." April said, giving her customer their change. "Give me a sec, I'll get him for you-"

"I'm here!" Charlie heard a familiar voice and Oswald hastily left the kitchen, his hands covered in flour. "What's up?"

"Hey." Charlie said, smiling nervously and he grinned back, looking absolutely overjoyed. "Can we... Talk?"

"April?" Oswald asked, hesitantly looking at April, who only nodded and waved her hand.

"Go, go." she muttered. "Take a break."

They ended up in an alley behind Sal's, between brick walls, in a safe distance from the nearest dumpster. He lit up a cigarette and she sighed quietly, watching his profile.

(He looked beautiful from that angle.)

"So, to what do I owe the pleasure?" he finally asked and she snapped out of her musings. "Did I muck up the last order or..."

"No, no!" she interrupted him quickly. "It's not a complaint. I... Do you want to get a coffee some day? Or... Tea or a milkshake or whatever?"

"Are you asking me out?" he asked with a lazy smile and for a brief moment she got lost in his squinted eyes.

"Yes." she finally said, nervously playing with the sleeve of her coat and he snickered and put his cigarette out, crushing it with his heel.

"My shift ends in two hours." he finally said. "And then... I'm free. And to answer your original question... Yes. God, yes."

He stretched and glanced at her and she could feel she's smiling like an idiot.

"You have a beautiful smile, by the way." he told her quietly and she smiled even wider. "So... See you in two hours?"

"Yes!" she said enthusiasthically, feeling so so glad she listened to Penguin. "See you!"

She gave him a quick peck on the cheek, before turning around and leaving, the sounds of her heels on the concrete accompanied by Oswald's quiet laughter.

They went out for tea that afternoon, and they sat in the corner of the room, where no one could hear them.

"I've been trying to muster up the courage to ask you out for a weeks now, you know." he told her, staring at her attentively. "Never expected you to do it first. It's... Flattering."

"A good friend gave me a good advice." she said, thinking about her late night chat with the Penguin. "At least I assume it was good advice."

"Whoever this friend is, I owe them one." he said with a wink. "Also... I've heard about this deal with Penguin and the Joker. Messed up."

"It could've been worse." she said with a nonchalant shrug. "Nothing happened to me, and I got to meet the notorious Penguin. But it was long time ago... I almost never think about it."

(She was, obviously, lying. She was thinking about that evening a lot. And about Penguin and his arms, strong and lean, and his back, and his breathy, raspy voice.)

"Well, I'm glad you're okay." Oswald said hesitantly and she smiled; he looked like a puppy.

"I'm okay now." she said with a wink and his face lit up.

They talked for a few hours, about nothing and everything; and she decided she definitely loves listening to his voice. She felt comfortable around him, comfortable enough to not play coy and give him a proper, farewell kiss.

He pulled her closer instantly and she decided she likes the feeling of his hand on her back.

"Well." he whispered at some point, breaking the kiss. "Thats another thing I've been wanting to do."

"Call me." she whispered back, sliding a piece of paper with her phone number written on it into his hand.

"Oh, I will. I will." he assured her. "But for now... Have a good night?"

"Oh, I will." she said with a sigh, wondering if Penguin will show up. "I will."

Penguin showed up one week later; in the meantime, she had another casual date with Oswald. Her original urges - to both go for a walk with him and bang him - didn't disappear; in fact, they were getting more and more intense with time. She wanted to take things slow, to not scare him off, to wait some time before introducing him to anyone; but she was sure it's going to happen. She could feel it.

She woke up one night, because she heard some noises downstairs - and when she entered her living room, armed with a baseball bad she saw Penguin. He looked like he got out of a fight, judging by his torn clothes and bruises; but he wasn't bleeding.

"Did I wake you up?" he asked at the sight of her nightgown and messy hair. "My apologies."

"It was bound to happen eventually." she said with a yawn, putting the bat away. "You seem fine. What brings you here?"

"I need to lay low for a few hours and my usual partner in crime is out of town... And I don't have the keys to their place." Penguin said carefully. "May I...?"

"Sure. Be my guest." she said in a resigned tone. "You know, maybe I should give you a set of keys to this place. Also I have a guest room. Maybe... I'll start keeping some clothes for you there." she added, glancing critically at his torn clothes. "What was it this time? A tiger?"

"You could say that." he snickered, sinking into her couch and stretching his legs. "Also, I've been meaning to check up on you." he said in a casual tone, his head turned in her general direction; and she suddenly became very aware of how thin and short her nightgown was. "Is everything alright, Charlie?"

"Yeah." she said with a shrug, sitting in a nearby chair. "I... Went out with that pizza guy. Oswald."

"And... How was it? Do you think he's alright, or is he a serial killer in disguise?"

"...your optimism outshines the sun. No, he's... Great, actually." she admitted. "He's very my type, he's funny, he's honest... And I want to see how this thing develops. Because I think there will be more to us."

"I'm very glad to hear it." Penguin said, and he sounded honest, as honest as possible, considering his mask and a voice altering device inside. "But that being said... Do let me know if he turns out to be a rotten apple. Abuse's abuse, no matter how small."

"I can take care of myself, you know." she said quietly and he sighed.

"I'm not doubting that. What I'm trying to say is... You have a friend in me." he said and she smiled faintly. "Especially considering the Batman thing. You were... Very stubborn in stalling him."

"You saved my life, Penguin."

"And you saved mine, meaning your imaginary debt had been paid." Penguin said quietly and she tilted her head slightly. "You don't owe me anything, Charlie. Nobody owes me anything."

"Yeah, well, I suppose you have a friend in me." she said hesitantly and he chuckled quietly.

"I'm always glad to hear it from beautiful people, you know." he muttered and she guessed he's falling asleep. "Mmm. Mind if I..?"

"Goodnight, Penguin." she said softly, getting up. "Take care."

"And you as well, my fair lady." he muttered in response.

That night her dreams were confusing, to say the least - Oswald and Penguin were both there, and she realized she has to choose, that she can't have both.

She woke up not remembering who she chose; she felt a sting of disappointment when she went downstairs and saw Penguin had already left.

***

With time her crush on Oswald started turning into something else. With time and patience, this crush started to turn into something deeper. Still warm and genuine; but deeper. With time, she started to fall in love with him.

It was a good feeling, falling in love - it felt clear air just after the storm and a fluffy scarf in winter and belonging. She missed that feeling; and the more time they spent together, the more obvious it was she's not alone in this.

(It was in his eyes and in his voice and in the way he glanced at her from time to time when they were walking down the street and the way he'd put his arm around her wais. It was in everything.)

"My god, Charlie." Louise groaned one evening. "Stop grinning at your phone! Also, tell me who is doing this to you."

"Oh, you know." Charlie said nonchalantly, texting Oz back. "A guy."

"That's deliciously vague." Louise's new girlfriend smirked; her name was Vicki and she recently came back from her vacation. "C'mon. Describe him."

"Mmmm-mmmm." she shook her head. "I want to introduce him soon. Don't want to spoil the surprise."

"As long as it's not Bruce Wayne." Louise sighed and Charlie winced.

"Heavens, no. Wayne seems very sweet, but... I don't really have a sweet tooth."

"Oh, he's sweet and nice until you hear the spicy story." Vicki said with a wink. "His family was involved in some pretty dirty stuff, you know. No one knows who leaked this stuff, but it was a huge scandal last year. Ever heard of the Cobblepots?"

"I know about the Cobblepot Part."

"Yeah. They built it, and now it's a fucking ruin." Louise scoffed. "They were close friends with the Waynes... And them BAM, Theodore was driven to suicide, Esther was driven insane, their baby son - Bruce's best friend - shipped off to England, their name in shambles, their fortune... Gone. All because Thomas and Martha and their friends wanted a piece of their land."

"Jesus Christ." Charlie muttered. "That's... Terrible."

"Yeah." Vicki nodded. "But then Waynes got murdered... Karma's a bitch, eh?"

"I wonder what became of the baby Cobblepot though." Louise pondered. "If he's even alive and mentally sound. Nobody heard from him in years."

"Well, if I were him, I'd probably change my name and start from scratch." Charlie said with a shrug, pushing away the realization how close she was from losing everything. "I hope the world is treating him well."

"Yeah." Vicki agreed quietly. "Me too, girl. Me too."

Few days after her talk with Vicki and Louise, Charlie had another date with Oz. He was supposed to meet her in front of the mayor's office - she had some paperwork problems and wanted to deal with them as fast as possible. Inside the building, she bumped into Bruce Wayne. She had met the face of Gotham quite a few times now - he was charming, polite and she didn't particularly care about him either way. She didn't mind his occasional company - but she certainly didn't crave it either.

They were standing on the sidewalk outside the building, chatting about... Weather. Harvey Dent, the upcoming election, police's efforts to capture both Batman and Penguin - usual Gotham stuff.

Eventually, she felt the familiar arm wrapping around her waist and she smiled.

"Hello, darling." Oswald said tenderly, brushing her temple with his lips. "Am I late?"

"No, no, I was finished early." she said cheerfully, turning around to face Bruce Wayne, who was staring at Oswald. "Mister Wayne, this is-"

"Oh, we've met." Bruce interrupted her quietly, his voice cracking slightly. "Oz..."

"Hello, Bruce." Oswald replied equally quietly, not looking Bruce in the eye. "It's been... A while."

"Twenty years."

"Yes. Twenty years."

Heavy silence fell between them, and - very confused Charlie - looked at Oswald in silence for a while, until something finally clicked.

(The fact everyone called his name a mouthful, the fact he never gave her his surname, the fact he seemed to be broke, the fact he seemed to avoid that part of Gotham where Cobblepot Park was located.)

"Oh my god." she said finally. "You're... You're Oswald Cobblepot."

"Yeah." he said quietly, tensely. "I... Should have told you sooner. I'm so, so sorry."

"Oswald, where have you been?!" Bruce Wayne asked, visibly moved. "Please, talk to me."

"I'm managing, Bruce." Oswald replied harshly. "I'm... I'm managing. I don't want your mercy. I don't want anyone's mercy."

"It's not mercy, I'm your friend!"

"To be honest, Bruce... I'm not so sure if I'm your friend anymore." Oswald said, and his voice sounded empty and sad and tense. "Now please excuse me, I... Have a date."

Charlie and Oswald walked away from Bruce Wayne and only after a couple of minutes in complete silence she glanced at him; he was looking at the ground under his feet, avoiding her eyes.

"When were you going to tell me?" she finally asked and he shrugged and sighed.

"I don't know." he admitted. "But I was going to... Eventually. I've been... Hiding it. I was so tired of people looking at me like that... Same way Bruce was looking at me."

"You're not your family's tragedy, Oswald." she said quietly, gently brushing his hand with her fingertips. "You're more than that. You're your own person."

"Wow, thanks, Sherlock." he said with a faint smile and she scoffed. "Hey, Charlie."

"Yeah?"

"Does this change anything... About us?"

"Well, for me you're still the pizza delivery guy who smuggled me extra garlic bread more than once." she said and he snickered. "You're also still the same guy I asked out for coffee, so... I don't think so."

(She meant it. Cobblepot or not, burdened with a family tragedy or not - he was still her Oswald.)

They didn't confess any actual feelings that day; it wasn't a good time. But they had time.

*** Penguin visited her the same night - or: came crashing through her front door, covered in blood.

"Penguin!" she called out, running up to him. "Oh my god, what happened?!"

"A lot of things, at once." he groaned. "Oh god... This hurts like, pardon my French, motherfucker."

"Shut up!" she said, panicked, walking him up to the couch; he fell onto it like a sack filled with potatoes. "Stop talking. I'm... I'm going to patch you up."

"Talk to me, Charlie." he asked as she came back with her utensils. "Please. Just... Talk to me. Keep me anchored."

(Things were looking bad and she wasn't so sure if her abilities are enough to help.)

"I... I met Oswald Cobblepot." she said in a state of panic, trying to figure out where to start. "Shit, Penguin, I don't think I can do this. I don't have the equipment! I'm not a professional!"

"It's alright." he said and coughed. "I have a guy, he's on his way, you just stop me from bleeding out. Talk to me. Cobblepot?"

"Yeah. Turns out my pizza delivery guy had been Oswald Cobblepot all along." she said, trying to stop the bleeding in three places at once. "He says he's... Managing."

"Yeah?"

"Yeah. And he asked me if his past changes how I feel about him."

"Well... Does it?"

"No!" she bridled in response. "Well, maybe a bit. But I still like him! I still like being kissed by him."

"For his own good, I hope he's good for you."

She could hear some noises outside and Penguin sighed with relief.

"Ah. My friend is coming."

"Penguin... You can't keep doing this." she said on a verge of tears, her hands and clothes completely covered in his blood. "I'm not going to be able to help you every time!"

"Yeah, well, maybe I just like feeling your hands on me." he sighed and she froze in place. "Batsy! There you are. Help me out, would you?"

She looked behind her and there he was - Batman, in her own living room, again. He put his gloved hand on her shoulder and forced her to get up; Penguin scoffed at this sight.

"Be gentle with her, Batsy." Penguin warned the Bat quietly. "She's not the one you want. Now... Let's get down to business."

"Get out." Batman said to her quietly and she left, too shocked by what Penguin just told her to argue.

Maybe I just like feeling your hands on me.

Was he serious? Was he joking? She had no idea; there was too much pain, too much tension in his - already modified - voice for her to tell.

But there had to be some reason for him to keep coming back, for him to trust her with his wounds, for him to call her my fair lady. Was it all just a ploy, a game to win her loyalty? Or did she accidentally bewitch a masked vigilante?

She tried to look at herself through his eyes; she tried to feel what he felt - but to no avail.

(She felt guilty. She had feelings for Oswald; but the faint chance of Penguin actually being smitten with her made her blood rush and her heart skip a beat. She sometimes still remembered the feeling of him catching her just before she fainted.  It felt safe; she felt safe around him, comfortable enough to talk about her private life with him.)

She took a long shower, washing off all of his blood. When she left the bathroom - wearing clean clothes, her hair still wet, and her face bare - Batman was waiting just outside.

(The sight of him in her brightly lit corridor was absolutely surreal.)

"I'm too tired to lie to you tonight." she said before he said anything. "So. How is he?"

"He will live." Batman informed her and she sighed with relief. "He's going to stay the night here. Is that a problem?"

"Wouldn't be the first time it happened." she sighed. "So... Are you going to arrest us?"

"No." he said after a very long pause. "At least not tonight. We reached... An understanding. And as for you..."

"I'm fucked, aren't I?"

"Don't interrupt me. As for you..." he continued, "You never did anything wrong. You are not a criminal. You are not my enemy."

"Yeah, but I'm a friend of your enemy."

"He's not my enemy." Batman said dryly. "He just doesn't realize it yet. Me and Penguin - we're not enemies."

"Then... What are you?"

"You don't need to know everything. But I have a piece of advice for you."

"I'm all ears, Batman."

"Don't push." he said quietly. "Don't push him, because sometimes a little push is all it takes. And you... Might be just the person able to make that push. Do not."

"What the fuck does this mean?!" she groaned, but Batman didn't respond - instead he only turned around and left and she could've swear that she heard the typical sound of a human head banging against a low doorframe.

Penguin was on her unfortunate, bloodied couch in her living room; he turned his head as she entered the room, her arms crossed on her chest.

"I'm alive." he told her faintly and she scoffed. "I assume this is the last time I'm allowed to use this place as an asylum..?"

(In his arms, she felt safe.)

"No." she said softly, her very conlicted heart melting. "Of course not."

"Any other answer would break my heart." he said quietly, his voice so muffled she could barely hear him. "I am feeling drawn to you, Charlie."

"Christ." she said half jokingly, her heart pounding. "What did Batman do to you?"

"Midazolam." he said lazily. "And some other things. Something for the pain, something to calm me down, some... Some other things. He gave me a calming painkiller that doubles as a truth serum, basically. He also patched me up. Please don't ask me what my name is."

"I won't." she promised him, despite really wanting to know. "But Penguin..."

"I know." he said quietly. "There's Oswald. A sweet, nice, pizza delivery guy with a secret... I actually crossed paths with him, you know?"

"Did you?"

"I did. I know him... Quite well, the young Cobblepot. From his bad old days in the United Kingdom. We go wayyyyy back."

"Yeah?" she asked quietly, staring at the mask, trying to see what's behind it. "Where are you going with this, Penguin?"

"He's not a jealous type." Penguin finally said. "He... Wouldn't mind."

"...would't mind what, exactly?"

"Us." Penguin breathed out. "Do you feel drawn to me, Charlie?"

"You're basically high." she said calmly, her face deep, deep red. "Let's have this conversation when you are... Not high. Okay?"

"I'll keep you to your word, Charlie." he muttered, clearly drifting away. "One kiss for every freckle..." was the last thing she heard before he dozed off and she was left with her heart pounding, her head full of questions and a familiar, pulsing ache deep in her body.

He disappeared without a trace the next morning, and he didn't even leave a note behind.

She called Oswald, desperate for some answers - but he was sick. He caught a cold; and when she offered to come over and take care of him - he refused, claiming his afflictions are always extremally contagious.

"But will you call me once you feel better?" she asked sadly and even though the coughing, she could hear him smile.

"Of course I will. Take care, mm?"

"Take care, Oz."

(Both men she had feelings for were unavailable and she was starting to really miss being kissed. She couldn't imagine being kissed by Penguin - with that colossal mask in the way - but she always had very plastic, vivid imagination.

Eventually it found a way.)

*** Things got very complicated very quickly.

She had a feeling Penguin started to evade her after his sudden midazolam-influenced confession; she watched the news and read the papers and knew about all his fights and problems, but not even once he showed up on her couch, asking for few hours of sleep and bandages. Not even once he came to feel her gentle fingers on his scarred skin. And she was concerned - for she realized she actually cares about him, whoever he might be. He never gave her a name, and he never took his mask off around her; but she knew him by his words and by his bloody, bloody deeds. Murders of rapists, mutilations of neonazis, careers crashing and burning; Penguin had been busy.

She never talked about him with Oswald, after all - there was no point in doing so. Penguin trusted her, and by digging in his past she'd violate this trust; she tried to forget everything he told her that night, she tried to forget every dream she had about this faceless man.

Oswald was next to her and was very real and kissed her slowly and gently, but something was stopping him from further intimacy; something was keeping him from showing her his body, even though at that point he saw hers plenty of times. They got together, officially; they said I love you one night during a storm, and she introduced him to her friends and told her parents about him.

They were happy. They were in love. He seemed to be completely unaware of Penguin's shadow looming over them, creeping into their small moments, between their lips as they kissed, putting his bloodied hand between her thighs. He didn't know. It didn't matter. He didn't have to know.

Or: it didn't matter until the moment Penguin killed Carmine Falcone, who - recently - had been revealed to be one of the missing pieces in the Wayne-Cobblepot mystery. One day someone leaked the old photos and recordings; next day he was killed in the hospital as Bruce Wayne was visiting him. Penguin barged in, seemingly calm - though she knew his icy calm often hides a storm - and shot Falcone, before escaping.

Just like this, Carmine Falcone - one of the people who took everything from Oswald Cobblepot - was dead.

"Oswald..." Charlie said, as Oswald showed up on her doorstep, pale as a sheet. "I heard."

"They'll think I did it." he whispered, hiding his face in her hair. "I don't have an alibi..."

"You have me." she said firmly, tightly grasping his shirt with her fingers. "You have me."

(Oswald Cobblepot wouldn't be capable of killing someone in cold blood. He was broken and sad and only barely managing - but he wasn't a killer. She once looked the devil in the eye; she would know.)

Nobody ever questioned Oswald about the killing - everyone assumed Falcone had to die because of his criminal kingdom, because of things he was doing to small people of Gotham. It made sense; it fit Penguin's modus operandi. You hurt this city, you hurt its people - the city retaliates, it's revenge going by the name Penguin.

But then came the day of the debate between two mayoral candidates - Dent and Hill.

Oswald was at work that day, he had a night shift; and Charlie was watching, not really paying attention - up until Penguin took the scene, kicking the moderator out.

She never saw him that angry, and it was a very poorly hidden anger; a volcano, ready to erupt. A ticking time bomb.

Hamilton Hill died that night, on live tv; the executioner read his list of crimes and it was a long one. Corruption, hatred, abuse, partaking in the Cobblepot Tragedy, greed; a bit of everything was there.

Charlie couldn't stop looking. She didn't even blink when Penguin pulled the trigger and mayor's head exploded. She was mesmerized.

(There was something in the way he was using his gun that was making it impossible for her to focus on literally anything else.)

Batman was there, and he was not at all happy. Penguin got away; and she almost felt surprised when he sneaked into her house, bleeding from his shallow wounds.

"Charlie..." he said in his raspy voice, standing behind her. She didn't budge.

"Batman knows where to find you, Penguin." she said quietly, almost not breathing. "Do you think it's wise for you to come here?"

"I'm hiding in the plain sight." he said simply. "I'm wounded, Charlie."

"I know." she said, finally getting up. "Sit down. I will... Patch you up."

He looked tense and she just saw him take a life again; there was no blood on him, except for his own.

She did a bit more than just patch up his wounds that evening.

This time his fingers between her thighs were real. It was all real, even if the best she could do was to kiss the cold, smooth surface of his mask.

She felt no remorse. She felt no regret. She only felt euphoric as she rode him on her couch, his hands on her back, her nails on his arms, her lips on his neck.

Batman never came for him, and in the meantime Oswald texted her saying he'll call her tomorrow, because he needed some time alone to fully process what happened; and Penguin fell asleep on her couch, still wearing his mask.

He was fast asleep and she was impulsive. Without actually thinking - she quickly took his mask off.

(He saw her pink nipples and he heard her moans. It only seemed fair to finally learn who's behind the mask.)

It took her a long moment to process what she was looking at and it took him a long moment to wake up.

"...Oswald?" she finally said, her voice cracking up. "Tell me I'm dreaming. Tell me... This is not true."

"Hello, love." Oswald said, looking at her sadly. "That... Was not how I was hoping you'd find out."

"You weren't going to tell me." she said slowly, calmly. "You... You were going to just keep lying, weren't you? You didn't trust me enough... None of you trusted me."

"Charlie..."

"We both lied to each other, it seems." she muttered, feeling like she's about to faint; slowly, she put the mask down and got up, walking away from the couch. "But... I got the message. You texted me... While we were fucking."

"I have a computer running some scripts." he said quietly. "Charlie... Why did you do this?"

"Why did I do what?" she asked faintly. "Cheat on you?"

"Why did you unmask me." he asked, his voice cracking. "I spent so much time, building those lives... Separating them... Why did you have to blur the lines?"

"I did it by existing! It's not my fault you developed feelings for me!"

"But would this have happened if we were two people? If me and Penguin... If we weren't the same?"

"But you are the same!" she protested tearfully. "You are the same!"

They were both upset. They were both torn.

None of them knew how they feel and why they feel the way they do and how to fix it.

She kicked him out. He told her to never call him again.

For a few days, it was quiet. Sad - but quiet.

She heard Oswald just stopped coming to work. Penguin got way, way more active - and Louise was starting to suspect something.

(Or maybe she simply had a working brain. It didn't take a genius to connect the dots - her heartbreak, the disappearance of Oswald, Penguin becoming more vicious, more ruthless, more careless.)

She was almost ready to get over it, to forget, to move on again - but then Batman paid her a visit.

"I told you to not push." she heard, right after walking into the kitchen. "I told you, and you pushed and pushed and pushed."

"He did all the pushing, Bats." she said tiredly and he winced. "Fine. We both pushed. You should've been clearer."

"And he's now on a road to self destruction."

"We cut each other out." she said, setting her bag of groceries down on the table, as Batman awkwardly stood in the corner. "It's... Not my problem anymore."

"Lie to me all you want, but at very least be honest with yourself." Batman said quietly and she froze for a moment, holding a grapefruit.

(Oswald loved their smell.)

"I'm not lying to anyone, Bat." she said eventually, resuming the unpacking. "Not anymore."

"Don't do this for Penguin, Charlie. Do it for Oswald."

"Ah. So you knew."

"For quite some time now. He was covering his tracks well, but... Not well enough."

"Alright, I'll bite." she said suddenly, turning around to face him. "Why do you care about Oswald Cobblepot so much, Bat?"

"I don't need to explain myself to you."

"You are not Bruce Wayne, right?" she said with doubt in her voice; it was impossible. Batman was way more massive than Wayne; and Wayne lacked... The spine. The will. Everything. "He used to be friends with Oz."

"I am the night, Charlie." Batman replied. "And nocturnal animals need to flock together."

"Penguins are not nocturnal though. They are diurnal." she said, feeling like this is a very, very weird dream. "They don't have any land predators, so they can rest at night-"

"This penguin is nocturnal." Batman interrupted her, sounding even more awkward than she did. "Let's leave biology out of this discussion."

"Why are we even having this conversation?" she asked finally. "Don't you have... Crime to stop? People to beat up?"

"Penguin seems to be doing fine by himself." Batman replied calmly. "Maybe it is his way of self destruction... But you allegedly don't care."

"Fuck. You're not going to go away, are you?"

"I'm not going anywhere."

"You fucking creep." she sighed with annoyance. "Fine. I do care. I suppose... I fell in love with Oswald and Penguin. As... Separate people. The fact they are one and the same kind of makes things easier. But then I went on and cheated on Oswald with himself, and I guess... Do you know how and why my marriage ended?" she asked suddenly, and Batman - of course - nodded.

"I did my homework. It was... An ugly story."

"Yeah. So I guess I'm sort of touchy on the topic of secret identities and hidden agendas. Look, do we have to do this in a brightly lit kitchen? It ruins... Everything your costume stands for."

"I appreciate your honestly." he said and for a brief moment she had no idea what is he referring to. "Now get dressed. I know where and how to find Penguin, but... I need your help."

"Who told you I want to do anything?!"

"...I've been recording this entire conversation for my Bat-Archive, do you want me to replay your love confession?"

"...Bat-Archive? Really?"

"...get dressed."

*** Batman took her to one of the seediest parts of town, where the worst of the worst were residing. She was supposed to get in trouble; he promised to swoop in in case Penguin doesn't show up.

So she got into trouble - she smiled to the wrong person. One minute later, there was a knife at her throat and she was mentally preparing herself to die-

when she heard the gunshot. Obviously, it was not Batman - he was very firm on his anti-gun stance.

No, when Charlie opened her eyes, she saw the familiar mask and a familiar gun and a familiar suit. Man who - according to his own words - was going to gut her with his own hand was lying dead; and Penguin silently turned around, ready to leave, then she grabbed the fabric of his sleeve.

"Penguin..." she pleaded.

He stopped. Slowly turned his head, looked at her hand, and finally - at her face.

"What do you want?" he asked coldly. "You don't owe me anything. I don't want anything from you."

"Drop the act." she said quietly. "Please. I'm here to apologize. Because... Because..."

"...yes?"

"I still love you, you idiot!" she finally blurted out, still holding his sleeve. "I love this you and the one under the mask. Both of you. The whole you."

"And both of us love you." he said quietly and she slowly moved her fingers from his sleeve to his hand; their fingers touched and - finally - he took her hand. "This is a fucked up situation."

"Let's talk it out." she said breathlessly. "Just please-"

He took her into her arms before she finished her sentence. He smelled the same way he did when they first met; and she still felt safe in his arms.

They had a lot of issues to work through, some of them couldn't even be named; but they had time. And they had each other and it was all that mattered.

#ff #eng #oc #pinnguin

[f6dxy91-blog]

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What is a Writ of Restitution?

It’s always good business practice for creditors to obtain security for their commercial agreements, namely, interests in tangible property that can be used to compensate for losses in the event of a default. This form of collateral could be a house, a car, furniture or a piece of construction equipment. In some cases, the collateral is the very item being sold or leased in the underlying commercial agreement. When a secured agreement goes sour and the buyer or lender stops making payments, the creditor can fall back on its collateral to try and make itself whole.

When this plays itself out in the district court – usually through a trial or “mini-trial” called an evidentiary hearing. Think of a 4-8 hour day in court where you have to prove that you are entitled to this writ. The plaintiff has access to powerful pre-judgment relief in the form of a Writ of Restitution. Here you’ll find more information about using a Writ of Restitution in debt collection. These can be used for other purposes too. Think real estate an rental properties. Also think about getting collateral for a business or other property. We help companies do this on a regular basis.

Unlike a writ of attachment, which is typically used for unsecured agreements, a Writ of Restitution is used when the plaintiff has a security interest in property held by the defendant. In essence, the writ acts as a court order authorizing a local sheriff to obtain possession of the collateral on the plaintiff’s behalf. If the underlying security agreement authorizes the plaintiff to take possession and sell the collateral, it may do so to mitigate any damages.

It’s important to note that when the collateral is a house or other residence, there are generally greater restrictions on what plaintiffs can do with the collateral before a judgment is entered. These cases proceed under state laws governing judicial foreclosures.

Whenever a plaintiff applies for a Writ of Restitution, it’s also good practice to simultaneously obtain a court order specifically directing the defendant to turn over the property in question. These turn over orders can be an effective tool in getting a defendant to surrender possession of any collateral. After all, failure to comply with such orders could result in contempt proceedings against the defendant.

The Elements of Writ of Restitution

Obtaining a pre-judgment Writ of Restitution typically requires showing: 1. That the plaintiff is entitled to possession of the property (i.e. the plaintiff has a valid security interest); 2. A showing that it is not adverse to the public interest; 3. That the property is wrongfully detained by the defendant (i.e. the defendant is violating the security agreement); 4. A specific description of the property and an estimate of its value; and 5. A substantial likelihood of success on the merits. 6. You must show that, contractually, you are entitled to possession.

When it comes to the validity of a plaintiff’s security interest, it’s important for creditors to ensure that their interests are properly perfected. That may require the filing of a UCC Filing Statement or the recording of a Deed of Trust/Security Agreement after the original agreement with the defendant is signed.

In order to obtain a Writ of Restitution, or any other judicial relief, you first need to file a civil lawsuit against the person or business that owes you money. Once your complaint has been filed and served, you can apply for a Writ of Restitution from the court, which you may initiate at any time before judgment.

Usually a plaintiff will apply for a Writ of Restitution immediately due to the concern that a defendant may hide, transfer or damage the collateral. However, in some cases, plaintiffs may want to wait to file a Writ of Restitution application until they can learn more about its condition and location during the discovery process. Next, a plaintiff will need to file application and notice documents (typically these are on court-created forms). In addition, it will have to submit declarations and evidence establishing all of the elements required to obtain a Writ of Restitution. The court will then set a hearing date to review the evidence and any opposing evidence submitted by the defendant before deciding whether to issue the Writ of Restitution.

Writ of Restitution Lawyer Free Consultation

When you need legal help regarding a writ of restitution, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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Source: https://www.ascentlawfirm.com/what-is-a-writ-of-restitution/

[melissawalker01]

What is a Writ of Restitution?

It’s always good business practice for creditors to obtain security for their commercial agreements, namely, interests in tangible property that can be used to compensate for losses in the event of a default. This form of collateral could be a house, a car, furniture or a piece of construction equipment. In some cases, the collateral is the very item being sold or leased in the underlying commercial agreement. When a secured agreement goes sour and the buyer or lender stops making payments, the creditor can fall back on its collateral to try and make itself whole.

When this plays itself out in the district court – usually through a trial or “mini-trial” called an evidentiary hearing. Think of a 4-8 hour day in court where you have to prove that you are entitled to this writ. The plaintiff has access to powerful pre-judgment relief in the form of a Writ of Restitution. Here you’ll find more information about using a Writ of Restitution in debt collection. These can be used for other purposes too. Think real estate an rental properties. Also think about getting collateral for a business or other property. We help companies do this on a regular basis.

Unlike a writ of attachment, which is typically used for unsecured agreements, a Writ of Restitution is used when the plaintiff has a security interest in property held by the defendant. In essence, the writ acts as a court order authorizing a local sheriff to obtain possession of the collateral on the plaintiff’s behalf. If the underlying security agreement authorizes the plaintiff to take possession and sell the collateral, it may do so to mitigate any damages.

It’s important to note that when the collateral is a house or other residence, there are generally greater restrictions on what plaintiffs can do with the collateral before a judgment is entered. These cases proceed under state laws governing judicial foreclosures.

Whenever a plaintiff applies for a Writ of Restitution, it’s also good practice to simultaneously obtain a court order specifically directing the defendant to turn over the property in question. These turn over orders can be an effective tool in getting a defendant to surrender possession of any collateral. After all, failure to comply with such orders could result in contempt proceedings against the defendant.

The Elements of Writ of Restitution

Obtaining a pre-judgment Writ of Restitution typically requires showing: 1. That the plaintiff is entitled to possession of the property (i.e. the plaintiff has a valid security interest); 2. A showing that it is not adverse to the public interest; 3. That the property is wrongfully detained by the defendant (i.e. the defendant is violating the security agreement); 4. A specific description of the property and an estimate of its value; and 5. A substantial likelihood of success on the merits. 6. You must show that, contractually, you are entitled to possession.

When it comes to the validity of a plaintiff’s security interest, it’s important for creditors to ensure that their interests are properly perfected. That may require the filing of a UCC Filing Statement or the recording of a Deed of Trust/Security Agreement after the original agreement with the defendant is signed.

In order to obtain a Writ of Restitution, or any other judicial relief, you first need to file a civil lawsuit against the person or business that owes you money. Once your complaint has been filed and served, you can apply for a Writ of Restitution from the court, which you may initiate at any time before judgment.

Usually a plaintiff will apply for a Writ of Restitution immediately due to the concern that a defendant may hide, transfer or damage the collateral. However, in some cases, plaintiffs may want to wait to file a Writ of Restitution application until they can learn more about its condition and location during the discovery process. Next, a plaintiff will need to file application and notice documents (typically these are on court-created forms). In addition, it will have to submit declarations and evidence establishing all of the elements required to obtain a Writ of Restitution. The court will then set a hearing date to review the evidence and any opposing evidence submitted by the defendant before deciding whether to issue the Writ of Restitution.

Writ of Restitution Lawyer Free Consultation

When you need legal help regarding a writ of restitution, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Tax Deductions for Homeowners

Prenup Lawyer in Salt Lake City

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from Michael Anderson https://www.ascentlawfirm.com/what-is-a-writ-of-restitution/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/185716553675

[michaeljames1221]

What is a Writ of Restitution?

It’s always good business practice for creditors to obtain security for their commercial agreements, namely, interests in tangible property that can be used to compensate for losses in the event of a default. This form of collateral could be a house, a car, furniture or a piece of construction equipment. In some cases, the collateral is the very item being sold or leased in the underlying commercial agreement. When a secured agreement goes sour and the buyer or lender stops making payments, the creditor can fall back on its collateral to try and make itself whole.

When this plays itself out in the district court – usually through a trial or “mini-trial” called an evidentiary hearing. Think of a 4-8 hour day in court where you have to prove that you are entitled to this writ. The plaintiff has access to powerful pre-judgment relief in the form of a Writ of Restitution. Here you’ll find more information about using a Writ of Restitution in debt collection. These can be used for other purposes too. Think real estate an rental properties. Also think about getting collateral for a business or other property. We help companies do this on a regular basis.

Unlike a writ of attachment, which is typically used for unsecured agreements, a Writ of Restitution is used when the plaintiff has a security interest in property held by the defendant. In essence, the writ acts as a court order authorizing a local sheriff to obtain possession of the collateral on the plaintiff’s behalf. If the underlying security agreement authorizes the plaintiff to take possession and sell the collateral, it may do so to mitigate any damages.

It’s important to note that when the collateral is a house or other residence, there are generally greater restrictions on what plaintiffs can do with the collateral before a judgment is entered. These cases proceed under state laws governing judicial foreclosures.

Whenever a plaintiff applies for a Writ of Restitution, it’s also good practice to simultaneously obtain a court order specifically directing the defendant to turn over the property in question. These turn over orders can be an effective tool in getting a defendant to surrender possession of any collateral. After all, failure to comply with such orders could result in contempt proceedings against the defendant.

The Elements of Writ of Restitution

Obtaining a pre-judgment Writ of Restitution typically requires showing: 1. That the plaintiff is entitled to possession of the property (i.e. the plaintiff has a valid security interest); 2. A showing that it is not adverse to the public interest; 3. That the property is wrongfully detained by the defendant (i.e. the defendant is violating the security agreement); 4. A specific description of the property and an estimate of its value; and 5. A substantial likelihood of success on the merits. 6. You must show that, contractually, you are entitled to possession.

When it comes to the validity of a plaintiff’s security interest, it’s important for creditors to ensure that their interests are properly perfected. That may require the filing of a UCC Filing Statement or the recording of a Deed of Trust/Security Agreement after the original agreement with the defendant is signed.

In order to obtain a Writ of Restitution, or any other judicial relief, you first need to file a civil lawsuit against the person or business that owes you money. Once your complaint has been filed and served, you can apply for a Writ of Restitution from the court, which you may initiate at any time before judgment.

Usually a plaintiff will apply for a Writ of Restitution immediately due to the concern that a defendant may hide, transfer or damage the collateral. However, in some cases, plaintiffs may want to wait to file a Writ of Restitution application until they can learn more about its condition and location during the discovery process. Next, a plaintiff will need to file application and notice documents (typically these are on court-created forms). In addition, it will have to submit declarations and evidence establishing all of the elements required to obtain a Writ of Restitution. The court will then set a hearing date to review the evidence and any opposing evidence submitted by the defendant before deciding whether to issue the Writ of Restitution.

Writ of Restitution Lawyer Free Consultation

When you need legal help regarding a writ of restitution, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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from Michael Anderson https://www.ascentlawfirm.com/what-is-a-writ-of-restitution/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/06/20/what-is-a-writ-of-restitution/

[aretia]

What is a Writ of Restitution?

It’s always good business practice for creditors to obtain security for their commercial agreements, namely, interests in tangible property that can be used to compensate for losses in the event of a default. This form of collateral could be a house, a car, furniture or a piece of construction equipment. In some cases, the collateral is the very item being sold or leased in the underlying commercial agreement. When a secured agreement goes sour and the buyer or lender stops making payments, the creditor can fall back on its collateral to try and make itself whole.

When this plays itself out in the district court – usually through a trial or “mini-trial” called an evidentiary hearing. Think of a 4-8 hour day in court where you have to prove that you are entitled to this writ. The plaintiff has access to powerful pre-judgment relief in the form of a Writ of Restitution. Here you’ll find more information about using a Writ of Restitution in debt collection. These can be used for other purposes too. Think real estate an rental properties. Also think about getting collateral for a business or other property. We help companies do this on a regular basis.

Unlike a writ of attachment, which is typically used for unsecured agreements, a Writ of Restitution is used when the plaintiff has a security interest in property held by the defendant. In essence, the writ acts as a court order authorizing a local sheriff to obtain possession of the collateral on the plaintiff’s behalf. If the underlying security agreement authorizes the plaintiff to take possession and sell the collateral, it may do so to mitigate any damages.

It’s important to note that when the collateral is a house or other residence, there are generally greater restrictions on what plaintiffs can do with the collateral before a judgment is entered. These cases proceed under state laws governing judicial foreclosures.

Whenever a plaintiff applies for a Writ of Restitution, it’s also good practice to simultaneously obtain a court order specifically directing the defendant to turn over the property in question. These turn over orders can be an effective tool in getting a defendant to surrender possession of any collateral. After all, failure to comply with such orders could result in contempt proceedings against the defendant.

The Elements of Writ of Restitution

Obtaining a pre-judgment Writ of Restitution typically requires showing: 1. That the plaintiff is entitled to possession of the property (i.e. the plaintiff has a valid security interest); 2. A showing that it is not adverse to the public interest; 3. That the property is wrongfully detained by the defendant (i.e. the defendant is violating the security agreement); 4. A specific description of the property and an estimate of its value; and 5. A substantial likelihood of success on the merits. 6. You must show that, contractually, you are entitled to possession.

When it comes to the validity of a plaintiff’s security interest, it’s important for creditors to ensure that their interests are properly perfected. That may require the filing of a UCC Filing Statement or the recording of a Deed of Trust/Security Agreement after the original agreement with the defendant is signed.

In order to obtain a Writ of Restitution, or any other judicial relief, you first need to file a civil lawsuit against the person or business that owes you money. Once your complaint has been filed and served, you can apply for a Writ of Restitution from the court, which you may initiate at any time before judgment.

Usually a plaintiff will apply for a Writ of Restitution immediately due to the concern that a defendant may hide, transfer or damage the collateral. However, in some cases, plaintiffs may want to wait to file a Writ of Restitution application until they can learn more about its condition and location during the discovery process. Next, a plaintiff will need to file application and notice documents (typically these are on court-created forms). In addition, it will have to submit declarations and evidence establishing all of the elements required to obtain a Writ of Restitution. The court will then set a hearing date to review the evidence and any opposing evidence submitted by the defendant before deciding whether to issue the Writ of Restitution.

Writ of Restitution Lawyer Free Consultation

When you need legal help regarding a writ of restitution, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Tax Deductions for Homeowners

Prenup Lawyer in Salt Lake City

Attorneys for Property and Fences in Utah

Which Bankruptcy is Best for Me?

Regulations When Offering an Unpaid Internship

Do You Have To Sell Your Home in Divorce?

Source: https://www.ascentlawfirm.com/what-is-a-writ-of-restitution/

[coming-from-hell]

What is a Writ of Restitution?

It’s always good business practice for creditors to obtain security for their commercial agreements, namely, interests in tangible property that can be used to compensate for losses in the event of a default. This form of collateral could be a house, a car, furniture or a piece of construction equipment. In some cases, the collateral is the very item being sold or leased in the underlying commercial agreement. When a secured agreement goes sour and the buyer or lender stops making payments, the creditor can fall back on its collateral to try and make itself whole.

When this plays itself out in the district court – usually through a trial or “mini-trial” called an evidentiary hearing. Think of a 4-8 hour day in court where you have to prove that you are entitled to this writ. The plaintiff has access to powerful pre-judgment relief in the form of a Writ of Restitution. Here you’ll find more information about using a Writ of Restitution in debt collection. These can be used for other purposes too. Think real estate an rental properties. Also think about getting collateral for a business or other property. We help companies do this on a regular basis.

Unlike a writ of attachment, which is typically used for unsecured agreements, a Writ of Restitution is used when the plaintiff has a security interest in property held by the defendant. In essence, the writ acts as a court order authorizing a local sheriff to obtain possession of the collateral on the plaintiff’s behalf. If the underlying security agreement authorizes the plaintiff to take possession and sell the collateral, it may do so to mitigate any damages.

It’s important to note that when the collateral is a house or other residence, there are generally greater restrictions on what plaintiffs can do with the collateral before a judgment is entered. These cases proceed under state laws governing judicial foreclosures.

Whenever a plaintiff applies for a Writ of Restitution, it’s also good practice to simultaneously obtain a court order specifically directing the defendant to turn over the property in question. These turn over orders can be an effective tool in getting a defendant to surrender possession of any collateral. After all, failure to comply with such orders could result in contempt proceedings against the defendant.

The Elements of Writ of Restitution

Obtaining a pre-judgment Writ of Restitution typically requires showing: 1. That the plaintiff is entitled to possession of the property (i.e. the plaintiff has a valid security interest); 2. A showing that it is not adverse to the public interest; 3. That the property is wrongfully detained by the defendant (i.e. the defendant is violating the security agreement); 4. A specific description of the property and an estimate of its value; and 5. A substantial likelihood of success on the merits. 6. You must show that, contractually, you are entitled to possession.

When it comes to the validity of a plaintiff’s security interest, it’s important for creditors to ensure that their interests are properly perfected. That may require the filing of a UCC Filing Statement or the recording of a Deed of Trust/Security Agreement after the original agreement with the defendant is signed.

In order to obtain a Writ of Restitution, or any other judicial relief, you first need to file a civil lawsuit against the person or business that owes you money. Once your complaint has been filed and served, you can apply for a Writ of Restitution from the court, which you may initiate at any time before judgment.

Usually a plaintiff will apply for a Writ of Restitution immediately due to the concern that a defendant may hide, transfer or damage the collateral. However, in some cases, plaintiffs may want to wait to file a Writ of Restitution application until they can learn more about its condition and location during the discovery process. Next, a plaintiff will need to file application and notice documents (typically these are on court-created forms). In addition, it will have to submit declarations and evidence establishing all of the elements required to obtain a Writ of Restitution. The court will then set a hearing date to review the evidence and any opposing evidence submitted by the defendant before deciding whether to issue the Writ of Restitution.

Writ of Restitution Lawyer Free Consultation

When you need legal help regarding a writ of restitution, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Tax Deductions for Homeowners

Prenup Lawyer in Salt Lake City

Attorneys for Property and Fences in Utah

Which Bankruptcy is Best for Me?

Regulations When Offering an Unpaid Internship

Do You Have To Sell Your Home in Divorce?

Source: https://www.ascentlawfirm.com/what-is-a-writ-of-restitution/

[divorcelawyergunnisonutah]

What is a Writ of Restitution?

It’s always good business practice for creditors to obtain security for their commercial agreements, namely, interests in tangible property that can be used to compensate for losses in the event of a default. This form of collateral could be a house, a car, furniture or a piece of construction equipment. In some cases, the collateral is the very item being sold or leased in the underlying commercial agreement. When a secured agreement goes sour and the buyer or lender stops making payments, the creditor can fall back on its collateral to try and make itself whole.

When this plays itself out in the district court – usually through a trial or “mini-trial” called an evidentiary hearing. Think of a 4-8 hour day in court where you have to prove that you are entitled to this writ. The plaintiff has access to powerful pre-judgment relief in the form of a Writ of Restitution. Here you’ll find more information about using a Writ of Restitution in debt collection. These can be used for other purposes too. Think real estate an rental properties. Also think about getting collateral for a business or other property. We help companies do this on a regular basis.

Unlike a writ of attachment, which is typically used for unsecured agreements, a Writ of Restitution is used when the plaintiff has a security interest in property held by the defendant. In essence, the writ acts as a court order authorizing a local sheriff to obtain possession of the collateral on the plaintiff’s behalf. If the underlying security agreement authorizes the plaintiff to take possession and sell the collateral, it may do so to mitigate any damages.

It’s important to note that when the collateral is a house or other residence, there are generally greater restrictions on what plaintiffs can do with the collateral before a judgment is entered. These cases proceed under state laws governing judicial foreclosures.

Whenever a plaintiff applies for a Writ of Restitution, it’s also good practice to simultaneously obtain a court order specifically directing the defendant to turn over the property in question. These turn over orders can be an effective tool in getting a defendant to surrender possession of any collateral. After all, failure to comply with such orders could result in contempt proceedings against the defendant.

The Elements of Writ of Restitution

Obtaining a pre-judgment Writ of Restitution typically requires showing: 1. That the plaintiff is entitled to possession of the property (i.e. the plaintiff has a valid security interest); 2. A showing that it is not adverse to the public interest; 3. That the property is wrongfully detained by the defendant (i.e. the defendant is violating the security agreement); 4. A specific description of the property and an estimate of its value; and 5. A substantial likelihood of success on the merits. 6. You must show that, contractually, you are entitled to possession.

When it comes to the validity of a plaintiff’s security interest, it’s important for creditors to ensure that their interests are properly perfected. That may require the filing of a UCC Filing Statement or the recording of a Deed of Trust/Security Agreement after the original agreement with the defendant is signed.

In order to obtain a Writ of Restitution, or any other judicial relief, you first need to file a civil lawsuit against the person or business that owes you money. Once your complaint has been filed and served, you can apply for a Writ of Restitution from the court, which you may initiate at any time before judgment.

Usually a plaintiff will apply for a Writ of Restitution immediately due to the concern that a defendant may hide, transfer or damage the collateral. However, in some cases, plaintiffs may want to wait to file a Writ of Restitution application until they can learn more about its condition and location during the discovery process. Next, a plaintiff will need to file application and notice documents (typically these are on court-created forms). In addition, it will have to submit declarations and evidence establishing all of the elements required to obtain a Writ of Restitution. The court will then set a hearing date to review the evidence and any opposing evidence submitted by the defendant before deciding whether to issue the Writ of Restitution.

Writ of Restitution Lawyer Free Consultation

When you need legal help regarding a writ of restitution, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Tax Deductions for Homeowners

Prenup Lawyer in Salt Lake City

Attorneys for Property and Fences in Utah

Which Bankruptcy is Best for Me?

Regulations When Offering an Unpaid Internship

Do You Have To Sell Your Home in Divorce?

from Michael Anderson https://www.ascentlawfirm.com/what-is-a-writ-of-restitution/

[asafeatherwould]

What is a Writ of Restitution?

It’s always good business practice for creditors to obtain security for their commercial agreements, namely, interests in tangible property that can be used to compensate for losses in the event of a default. This form of collateral could be a house, a car, furniture or a piece of construction equipment. In some cases, the collateral is the very item being sold or leased in the underlying commercial agreement. When a secured agreement goes sour and the buyer or lender stops making payments, the creditor can fall back on its collateral to try and make itself whole.

When this plays itself out in the district court – usually through a trial or “mini-trial” called an evidentiary hearing. Think of a 4-8 hour day in court where you have to prove that you are entitled to this writ. The plaintiff has access to powerful pre-judgment relief in the form of a Writ of Restitution. Here you’ll find more information about using a Writ of Restitution in debt collection. These can be used for other purposes too. Think real estate an rental properties. Also think about getting collateral for a business or other property. We help companies do this on a regular basis.

Unlike a writ of attachment, which is typically used for unsecured agreements, a Writ of Restitution is used when the plaintiff has a security interest in property held by the defendant. In essence, the writ acts as a court order authorizing a local sheriff to obtain possession of the collateral on the plaintiff’s behalf. If the underlying security agreement authorizes the plaintiff to take possession and sell the collateral, it may do so to mitigate any damages.

It’s important to note that when the collateral is a house or other residence, there are generally greater restrictions on what plaintiffs can do with the collateral before a judgment is entered. These cases proceed under state laws governing judicial foreclosures.

Whenever a plaintiff applies for a Writ of Restitution, it’s also good practice to simultaneously obtain a court order specifically directing the defendant to turn over the property in question. These turn over orders can be an effective tool in getting a defendant to surrender possession of any collateral. After all, failure to comply with such orders could result in contempt proceedings against the defendant.

The Elements of Writ of Restitution

Obtaining a pre-judgment Writ of Restitution typically requires showing: 1. That the plaintiff is entitled to possession of the property (i.e. the plaintiff has a valid security interest); 2. A showing that it is not adverse to the public interest; 3. That the property is wrongfully detained by the defendant (i.e. the defendant is violating the security agreement); 4. A specific description of the property and an estimate of its value; and 5. A substantial likelihood of success on the merits. 6. You must show that, contractually, you are entitled to possession.

When it comes to the validity of a plaintiff’s security interest, it’s important for creditors to ensure that their interests are properly perfected. That may require the filing of a UCC Filing Statement or the recording of a Deed of Trust/Security Agreement after the original agreement with the defendant is signed.

In order to obtain a Writ of Restitution, or any other judicial relief, you first need to file a civil lawsuit against the person or business that owes you money. Once your complaint has been filed and served, you can apply for a Writ of Restitution from the court, which you may initiate at any time before judgment.

Usually a plaintiff will apply for a Writ of Restitution immediately due to the concern that a defendant may hide, transfer or damage the collateral. However, in some cases, plaintiffs may want to wait to file a Writ of Restitution application until they can learn more about its condition and location during the discovery process. Next, a plaintiff will need to file application and notice documents (typically these are on court-created forms). In addition, it will have to submit declarations and evidence establishing all of the elements required to obtain a Writ of Restitution. The court will then set a hearing date to review the evidence and any opposing evidence submitted by the defendant before deciding whether to issue the Writ of Restitution.

Writ of Restitution Lawyer Free Consultation

When you need legal help regarding a writ of restitution, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Tax Deductions for Homeowners

Prenup Lawyer in Salt Lake City

Attorneys for Property and Fences in Utah

Which Bankruptcy is Best for Me?

Regulations When Offering an Unpaid Internship

Do You Have To Sell Your Home in Divorce?

Source: https://www.ascentlawfirm.com/what-is-a-writ-of-restitution/

[gonnagoandrunwiththehorses]

What is a Writ of Restitution?

It’s always good business practice for creditors to obtain security for their commercial agreements, namely, interests in tangible property that can be used to compensate for losses in the event of a default. This form of collateral could be a house, a car, furniture or a piece of construction equipment. In some cases, the collateral is the very item being sold or leased in the underlying commercial agreement. When a secured agreement goes sour and the buyer or lender stops making payments, the creditor can fall back on its collateral to try and make itself whole.

When this plays itself out in the district court – usually through a trial or “mini-trial” called an evidentiary hearing. Think of a 4-8 hour day in court where you have to prove that you are entitled to this writ. The plaintiff has access to powerful pre-judgment relief in the form of a Writ of Restitution. Here you’ll find more information about using a Writ of Restitution in debt collection. These can be used for other purposes too. Think real estate an rental properties. Also think about getting collateral for a business or other property. We help companies do this on a regular basis.

Unlike a writ of attachment, which is typically used for unsecured agreements, a Writ of Restitution is used when the plaintiff has a security interest in property held by the defendant. In essence, the writ acts as a court order authorizing a local sheriff to obtain possession of the collateral on the plaintiff’s behalf. If the underlying security agreement authorizes the plaintiff to take possession and sell the collateral, it may do so to mitigate any damages.

It’s important to note that when the collateral is a house or other residence, there are generally greater restrictions on what plaintiffs can do with the collateral before a judgment is entered. These cases proceed under state laws governing judicial foreclosures.

Whenever a plaintiff applies for a Writ of Restitution, it’s also good practice to simultaneously obtain a court order specifically directing the defendant to turn over the property in question. These turn over orders can be an effective tool in getting a defendant to surrender possession of any collateral. After all, failure to comply with such orders could result in contempt proceedings against the defendant.

The Elements of Writ of Restitution

Obtaining a pre-judgment Writ of Restitution typically requires showing: 1. That the plaintiff is entitled to possession of the property (i.e. the plaintiff has a valid security interest); 2. A showing that it is not adverse to the public interest; 3. That the property is wrongfully detained by the defendant (i.e. the defendant is violating the security agreement); 4. A specific description of the property and an estimate of its value; and 5. A substantial likelihood of success on the merits. 6. You must show that, contractually, you are entitled to possession.

When it comes to the validity of a plaintiff’s security interest, it’s important for creditors to ensure that their interests are properly perfected. That may require the filing of a UCC Filing Statement or the recording of a Deed of Trust/Security Agreement after the original agreement with the defendant is signed.

In order to obtain a Writ of Restitution, or any other judicial relief, you first need to file a civil lawsuit against the person or business that owes you money. Once your complaint has been filed and served, you can apply for a Writ of Restitution from the court, which you may initiate at any time before judgment.

Usually a plaintiff will apply for a Writ of Restitution immediately due to the concern that a defendant may hide, transfer or damage the collateral. However, in some cases, plaintiffs may want to wait to file a Writ of Restitution application until they can learn more about its condition and location during the discovery process. Next, a plaintiff will need to file application and notice documents (typically these are on court-created forms). In addition, it will have to submit declarations and evidence establishing all of the elements required to obtain a Writ of Restitution. The court will then set a hearing date to review the evidence and any opposing evidence submitted by the defendant before deciding whether to issue the Writ of Restitution.

Writ of Restitution Lawyer Free Consultation

When you need legal help regarding a writ of restitution, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Tax Deductions for Homeowners

Prenup Lawyer in Salt Lake City

Attorneys for Property and Fences in Utah

Which Bankruptcy is Best for Me?

Regulations When Offering an Unpaid Internship

Do You Have To Sell Your Home in Divorce?

Source: https://www.ascentlawfirm.com/what-is-a-writ-of-restitution/