Roger : Hi George - - I'm still online. I'm not sure why it was showing I wasn't.
Roger : Anyway, the previous question is still open, and I posted an answer to your last question. Did you see that?
Roger : Ok. There must have been some issue with the chat.
Roger : In regard to you asking about the statue of limitations issue, I posted:
Roger : Well, the judge granted your motion to re-open the case, so their argument on that is really moot at this point. So, it doesn't appear that the statute of limitations claim would come into play.
Right. So is it to late for me to argue Res Judicas against defendants Summary Judgment pleadings in which they argued with the same or similar pleadings in their improper motion. The court advised Defendants that the court would address Defendants improper pleadings if and when they filed an appropriate motion.
Roger : You could claim res judicata and judicial estoppel, and claim that the court should have taken judicial notice of the previous order that allowed you to reopen your case.
Roger : However, there is much discretion for the court on things like this, so it's going to be a very difficult proposition.
Roger : Any time you're trying to overturn a judgment, it's a very tough battle.
Did you get my last two questions that I left on line I guess at the time it showed that you were offline or disconnected?
Roger : I just saw the one about the res judicata question.
Roger : I am signing off for now, but I'll reply in the morning.....
I will try to give you a short version. Defendants also claim that they were improperly served my original suit. My past attorney filed my original suit at an address that defendants gave as their representative server for the state of Arkansas. Defendants had on file with the Arkansas Secretary of States Office that the name of their representative server was "The Corporation Co." in Little Rock, Ar. My Attorney sent my original suit to this address: "The Corporation Co." in C/O the Defendants(name of Mortgage Co.) Defendants then used this address to say that they were not served properly in their pleadings. I think defendants listed this address with the Secretary of States office as their service rep. so that they could avoid being served. And my very experienced lawyer went along with it. Is this action a perpetration of fraud on the court? The court had already sent out notice of Default because Defendants failed to answer. In the notice the court said they had reviewed the record and said that Defendants had failed to answer. But now that much time has passed Defendants claimed that they were not served at above said address and the court used Defendants pleading of not being served to grant Defendants Summary Judgment. What argument can I use against this?
Roger : As for an appeal, if the judge found that they were improperly served, you would have to combat that with a claim that they were properly served via the address provided by the Secretary of State.
Roger : If you served the defendant through the registered agent for the company, then you should have met your burden.
Roger : All you can do is try to expose that the defendants intentionally set this up in an attempt to avoid being sued, and put the burden on them to try and disprove your claim.
Ok.Other than Res Judicata,in my argument against Defendant's statue of limitation pleadings, can I give such reasons as : Some reason why I .waited so long to file to reopen case is because I was being harassed by people I believe working for Defendants to keep me from filing said suit. I was approached by strangers who would warn and threaten me to stop any legal action. I filed these threats and etc. with the police. Also another reason that I waited so long to file to reopen case is because I just could not find a lawyer. It took me a long time to muster up the courage to finally file to reopen my case myself. Can I use these as reasons why it took me so long to file to reopen my case and use it against the statue of limitations?
Roger : You can inform the court of these things, but it's not likely that these claims are going to have any legal significance or affect the outcome.
Ok. Do I need to find Case law to support my claims when I file my brief? Is there and easy way to find supporting case law to quote.\?
Roger : It's certainly best to cite case law.
Roger : There's no easy way to do this other than to do your legal research. Your county courthouse likely has a law library, with access to either westlaw or lexis.
Roger : You could use these sites to look for case law to cite in your brief.
Roger : Obviously, if you get an attorney for his, he/she should be able to do this for you.
Ok. I will try to find an attorney again. I wish had you as an attorney. Thank you for your help.
Roger : Thanks for your kind words.
Roger : I'm glad to help. Please le me knot if you need anything further.
Yea move to Fort Smith, Arkansas so that I could ask you to be my attorney.(smile). But any way I do thank you. When I have further questions, I will contact you, since you have a sense of my case. Thanks, again.
No problem, and thanks for allowing me to assist. If you need anything further, please let me know.
Which route is best , appeal to 8th circuit or return to Fed. Court first?
Would you agree that proper court procedure would have been to grant Plaintiff(me) Default Judgment? After Plaintiffs were granted Default Judgment, Defendants would then be allowed to plead to set aside Default Judgment.
Does the court in its discretion have the power to violate court procedure so that such violation favors the Defendants in this case?