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.
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?
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?
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?
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.\?
Ok. I will try to find an attorney again. I wish had you as an attorney. Thank you for your help.
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?
I just replied.
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).