Thanks again Barrister,I do realize i am treading on thin ice with the accusations that are contained on the flyers.But with no proof that I am the actual one that mailed them and the fact that the evidence will support the statement made ,doesn't the burden of proof lay squarley on the shoulders of the plaintiffs?I realize that a judge would be proned to follow the letter of the law but a jury could at there own discretion could find in favor of the facts and evidence which was presented.After all I am innocent until proven guilty.And if the accusation of "thieves" is a charge that must be proven before it can be spoken then should not this have been a charge that was filed in criminal court vs civil.And should I go ahead and file a counter suit now or wait and see how this plays out over the next few weeks.What I really need is a specific way to get these guys in court and stop all of this posturing just to try and intimidate me.Cause trust me its not working,just making me dig my heels in that much deeper.I honestly think with ur help I can expose and beat these crooks at their own game but I need critical advice at just the right time.THE BIGGEST advantage I have is all of the receipts ,payroll stubs and witnesses are all on my side.But I would like to present it in that manner so there would be a settlment without a long drawn out affair.
I do agree that I should have filed earlier.And hopefully I am just laying some ground work for who will eventually handle this litigation for me.My point being,there is no way they had someone at a post office seeing who droped these flyers in the box.And even if they could possibly track down who actually paid for them ,still doesnt prove who mailed them.I believe that a jury in a "DRY COUNTY" that has consistently voted down lickour by the drink for yrs will ultimately vote against a couple of guys that own a "TI***Y Bar" in another town that has police records of drunken patrons being sent down the road DUI...just a thought...Def need to figure out a way to file some sort of motion to get these guys off dead center..
Hey man,I wrote the first two chapters of that 14 hr day novel,course I was somewhat younger and a whole lot tougher.If I fail to answer most of the interog. w/the exception of course of name,rank and serial no.,and they just continue to stonewall.What motion can I file with the clerk that the judge will see that will get this thing in court at least for a prelim hearing.The whole thing has begun to turn in my favor now that they realize not only am I not afraid of but I actually want them to have to appear.U have to realize here that its all about image and they just cant believe that I haven't turned tail and run.What should be my next step?
Hello Barrister; long time no contact.Since I started w/u a while back I would like to continue w/u if u are still working the system.Will wait for ur reply.Have some very interesting developments that I need your opinions on....take care ...TLW..I know its late (12:20 est) so 2moro eve is fine w/me.
Good eve barrister, well sir a lot has happened since we last talked.Will be as brief as possible.First let me say thank you for the previous answers you provided,they were of great assistance in my efforts to move this matter forward.You were absolutely correct in your response to the fact that they would probably file a motion to compel.Unfortunately for them,out of the five things they went for the judge ruled in my favor and only gave them "ONE".Which was to come up with a better redponse to the questions.Simply because I had basicly treated them as a joke.Which like you said it was nothing but a fishing expedition and the judge seen right thru it.AS the judge was standing to leave the courtroom he looked my way and suggested maybe I hire an attorney and file a motion for summary judgment.Which I did but pro-se of course.After all these guys almost broke me.I wasn't aware this had to come up in open court,but it did.And the judge actually listened to both sides and made the comment that he felt like he had heard enough to make a ruling on whether or not to grant the summary judgment.As I was leaving the court room a friend of mine who knows the opposing council ask him how soon do you think he will rule on this and of course his response was ;awh it might take six mths.hahahaeverybody I have talked to says on a civil matter-30 days max.Well it has been almost 45.My question is what can I file with the clerk that will def get into the judges hand that will in a respectable way ask why this matter has not been addressed.And what is the projected date a decision will be rendered.
Thanks for the response,that was what I had been told by the clerks assistant but needed to hear it from you.I think she is friends with one of these culprits.My last question is for direction.The only advice you gave me that I did not follow was going ahead and filing countersuit.Reason being was now not only do I have proof (by their own admission in open court they owed the debt) but also not only did they try to defraud me out of the original amount but with a summary judgment proves they maliciously tried to financialy devastate me by filing a 1.5 mil dollar lawsuit against me just to scare me off and never have to pay the debt.I was told that even some time has passed that since this thing has been ongoing that Iin retro I can still file a lein against the property where the work took place and my plan was to do that and countersue for the same 1.5 mil.As I said once before,if I can ever get this before a jury in this town I will get a unanamous decision in my favor.The people of this town literally hate this scab on tgheir community.So my question if in fact I do get the summary judgment,what should be my next course of action to get it before the court in the respective jurisdiction?
Hello again my friend.Hope you have been well.As for my dilema things are getting very wierd to say the least.Since welast talked all laid quiet for a while,while waiting for the ruling on the summary judgment.I was correct in wondering what the delay was on such a fairly simple matter.Last fri I recieved what looked like a J.C.Pennys catalog in the mail.These guys are starting to act like a old punch drunk fighter thats against the ropes.Dirty tricks and all.Like walkin into the baryard and throwing a big pile against the wall and hoping something sticks!hahaha...Their latest is a Motion to Amend the original suite.And the ammendment is and I qoute d.That plaintiffs be granted injunctive relief requiring that Defendant be prohibited from from publishing any further defamatory statements about Plaintiffs as well as prohibiting Defendant from constantly harassing Plaintiffs and their businesses...end of qoute. Whats really strange and wierd about the whole thing is that in all 5 or 6 cases used to support this motion it states in at least 12 different instancesthat the proponderance of evidence had to have been previosly established of guilt on the part of defendant.Its almost like they had some freshman paralegal that needed to stay busy prepare this thing without it ever being proofed.Unreal.Then today(4 days later) I get a letter from the court clerk that the Judge has filed an order dismissing My Summary filing for reasons explained as my statment were not in seperate common numbered paragraphs,which is absolutely not true and they were not tied to specific citations to the record.Which is not an absolute nessesity if my intent was for the motion to stand on its own merits and facts.Now,here's what looks really odd to me.Almost 2 mths ago when opposing council filed an objection to the summary motion we went before the judge for a good 1/2 hr arguing the motion in detail.And the last comment the Judge made was he felt he had heard both sides and had all the information on what was going on would def be issuing a ruling.And then wait almost 2 mths to tell me he dont like the way i filed my paperwork.Something is very fishy.I DO NOT believe he wrote the order.If so he purgered himself.Small town,court clerk,clerks top assistant,plaintiffs,all high school friends,golfing buddies.Are u startin to see what i,m up against?Plus he set the docket for way up in August,why?How can I somehow get this before the judge on the next circuit day on July 15th?
Sorry I meant to say on the 15th not before.What can I file to go before him on the 15th to question the viability of the motion to amend whish is pure hogwash?
You would file a "response in opposition to motion to amend" and set out your reasons for your objection to their motion to amend. You have a legal right to object in writing prior to their motion being heard and then reiterate your objection verbally on the motion date.
One quick follow up.When I file for my hearing on the ammendment hearing on the 15th.What would be the proper way to bring up the obvious tossing of my summary judgment over a clerical error?...thanks Tim
Hello again Barrister,hope this finds you well.Since we last talked,went to court on the 19th of August and the judge granted the plaintiffs their motion to amend the original suit for injunctive relief.But he allowed me to bring up the fact that there was no cases ever where relief had been granted prior to a decision by a jury of guilt.That being said,with them knowing this,don't know what possible grounds they could use to pursue the matter.With your help we have actually turned them into defendants instead of plaintiffs.Everybody in the courtroom realised that something happened.And I know that now is the time to make a critical move,and of course that sir is where you come in.They really thought that a 1.5 mil lawsuit would make me tuck tail and run.And now that the tables are turning,I honestly think the thought of me putting these guys on the stand is starting to sink in.How can I make this judge see thru what people are beginning to see as collusion and stop trampling on my 6th Amend rights.Its showtime and i'm starting to get excited.Take ur time,may be this afternoon before I'm back on-line.....thanks..Tim
follow up,here's where i'm at .I def agree that there will beserious conseq to what they have done to me.But the fact are ;
1-If they wise up and drop the defam suit ---I win
2-If the judge changes his dec and grant summary judgment--I win
3-If I get my jury and lose,I get to a appeal w/a change of venue--I win
4-If I win,my counter suit is twice as strong because of their obvious intent to defraud--I win
So what my dilimea is,is if it goes to trial(which is a good thing) and I win the defamation of character suit then I will def go ahead and counter in the same court.But if I lose then would be obvious collusion in a small county.And I would need to file in the county where the orig fraud was commited.Back to original question of is there any way I can force the judges hand to see thru all the posturing and set a date?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).