Judge in bed with the plantiff's

[vince]

QUESTION: Law Firm purchases "JUNK" debt, from another LAW FIRM, who purchased the Debt from a collection agency, who bought the DEBT from the "SO CALLED ISSUING AGENCY", but no-one has any paperwork to back up even the 'ORIGINAL APPLICATION, OR ANYTHING ELSE" for that matter. DEFENDANT ANSWERES ALL INTERAGORITY STATEMENTS AND FILES AN INITIAL MOTION TO DISMISS BASED ON ANY LACK OF STANDING, INSUFFICANT DOCUMENTATION, AS WELL AS LACK OF EVIDENCE, AND THE 'MOTION IS DENYIED'. SIX MONTHS GO BY, AND AGAIN THE DEFENDANT FILES A "MOTION TO DISMISS WITH PREJUDICE" BASED ON THE LACK OF EVIDENCE FROM THE PLAINTIFF. " MOTION DENYIED, AGAIN!!!" DEFENDANT FILES A THIRD 'MOTION TO DISMISS", AFTER HAVING NOT ONE PIECE OF PAPER FROM THE PLANTIFF ON THE SUIT ITSELF, AND AGAIN "DENYIED". THEREFORE, IF ANY OF YOU "ATTORNEYS" ARE OUT THERE, AND WANT TO "RAT" ON HOW I CAN GET AROUND A CIRCUIT JUDGE "IN BED" WITH HIS BUDDIES AT A JUNK COLLECTION LAW FIRM, AND PUT THIS MATTER TO REST ONCE AND FOR ALL, I WILL BE INDEBTIED. FURTHER, I HAVE HANDELED THIS CASE PRO SE FROM ITS INCEPTION, AND I KNOW THAT I HAVE THE LAW FIRM ON THEIR HEELS, AS THEY HAVE NOT HAD ANY CORRESPONDANCE SINCE THEY FILED THE SUIT. SO CAN I ASK FOR A CHANGE OF JUDGE, A CHANGE OF VENUE IN THE CASE, A SEPERATE MOTION TO DIMISS THE CASE, OR DO I HAVE TO TAKE AS MANY PICTURES AS I CAN WITH THE JUDGE HAVING DINNER AND DRINKS WITH THE " PLAINTIFF" TO BRING TO THE 'DISCIPLINARY JUDICIAL COMMISSION.' REMEMBER, I AM "JOHN DOE" WITH JUST A SIMPLE LEGAL QUESTION, AND A SIMPLE LEGAL ANSWER. DO ANY OF YOU OUT THERE HAVE THE B---S TO ANSWER THIS QUESTION????

 

[fredrikklaw]

Concentrate on the job at hand!

VINCE:

First of all, do yourself a very big favor by canning the "judge in bed with the plaintiff" issue; I can understand your frustration and chagrin at being led stray like this, but it really is a non-issue and all together not the right assumption on your part because His Honor, the presiding judge is ruling on the merits of what comes across his desk. He calls it as he sees it so to speak. And assumption of such conspiracy, especially in such a stressful situation, does nothing but waste all the good energy you have and divert your concentration from the task at hand.

For future references (hope there will not be many more), if you ever again want to go for a dismissal based on the plaintiff's total lack of evidence as well as lack of standing in the action, DO IT by way of making a Special Appearance and remember to title the motion properly so as it conforms to the prevailing civil codes. A motion to dismiss based on lack of evidence is NOT a recognizable or permissible maneuver and hence the judges denial of your motions. Especially when it comes on the heels of your response to Plaintiff's discover requests in the shape of Interrogatories and such.

Making a Special Appearance does not confer on the court jurisdiction of your person whereas once you answer the complaint and reply to the discovery requests, you are said to have made a general appearance for all intents and purposes and brought yourself firmly under the court's authority. So your motion should have been to Dismiss for Lack of Jurisdiction while making a Special Appearance.

The other options would have been for you to have demurred, but that's no relevant any more.

So, these are the options open to you at this stage of the litigation; so do not waste time by filing dismissal motions as they will not be entertained as per evidence of the previous ones. Keep in mind that discovery is a two-way street and if you are claiming no evidence, then prove your claim by submitting your own discovery requests in the shape of interrogatories as well as subpoenas for production of documents. And when there is nothing forthcoming and the questions are not answered and no documents are provided by the Plaintiff, then you move for Discovery Sanctions which if granted will automatically dismisses the action in your favor. With prejudice!

If it has been a long time as you have said without any response or movement from the Plaintiff, you have the choice to file a motion to dismiss for failure to prosecute in a timely manner.

There is also available to you the filing of a Motion for Summary Judgment, which is a bit entailed but very powerful and which also has the effect of ending the proceedings in favor of the moving party (you) if granted. The essence of a motion for summary judgment is that all things considered and after the court's review of all papers and documents, there are no tri-able issues here and that you are entitled to judgment as a matter of law. It is similar to a Directed Verdict.

And on the issue of requesting another judge; that process is called making a Peremptory Challenge which requires a positive showing of the judge's prejudice towards you so as to adversely affect the outcome of the case. And I for one cannot see such a thing emanating from His Honor.
Like I said, he is just calling it as he sees it.

Wish you the best!

fredrikklaw

 

[mightymoose]

I agree. As you describe it here, your motions for dismissal were likely not done properly, or at least not with the proper language. You may very well have a good argument but must present it the right way to be considered.

 

[vince]

DEAR FREDRIKKLAW,

I want to THANK YOU, not only for putting me back in place, but for your advice. I know that sometimes the LAW does not necessarily work the way that we would all like it to, especially in matters that affect us personally. I also know that I have a passion for setting the record straight, and sometimes fly off the handle when logic is not what it seems. For that, I APOLOGISE!! ONCE AGAIN, THANK YOU FOR YOUR INSIGHT, KNOWLEDGE, AND THE TIME IT TOOK YOU TO ANSWER MY QUESTION. YOU, MY FRIEND, ARE THE INSPIRATION OF THE LEGAL PROFESSION, AND HAVE ONCE AGAIN RESTORED MY CONFIDENCE IN THE JUDICIAL SYSTEM, AS BROKE AS IT SEEMS. ONCE AGAIN, THANK YOU AND GOD BLESS!!
SINCERELY,
VINCE