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Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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Need NYS judge.Lost/Losing my home NO SERVICE, but that

Customer Question

Need NYS judge. Lost/Losing my home NO SERVICE, but that doesn't matter to the courts Suffolk County Courts abuse Pro Se people/As stated the courts belong to the attys. I did think the courts belong to WE THE PEOPLE, but not in the USA today. HAVE NEVER BEEN SERVED but the judge refuses a TRAVERSE HEARING TO PROVE THIS. I found out about this case by error. Contacted the P atty and was talking to them and emailing. Continued to state I was never served. No, I cursed at the process server, continued to state I did not live at the home served. Now, I'm told I'm a Co Tenant, NO I did not live there...LOSTING MY HOME, if not lost. Went to a court conference told the law clerk, to file a AFFIDAVIT of Merit, I did. The law Library refuses to help at all. I didn't know I needed a motion the law clerk throw out my Affidavit in the garbage. Special term found this out, told to re file I did. 10/7/2009 stamped filed, PRO SE. From this abuse I knew I would not be treated fairly, so I hired atty. 11/20/2009. He looked at my paper and stated it looked fine. He waited for decision 4/2010 decision came down I LOST the right for Traverse Hearing, didn't put address I lived at the time of service. 1st QUESTION IN TRAVERSE HEARING WHERE DID YOU LIVE?? That would have resolved the issue. My atty did nothing.Never reargued. 16 months and the court still thought I was Pro Se. So you might know I got abused. Question what can I do? Hired another atty reargued years later refused. Took to appeals court, P atty lied non stop, but No Court record....Lead the justices to believe I had done nothing from 2005 to 2013 which was a lie but does that matter. Justices asked my new atty what did she do, he said I was looking for a atty. I was sitting in the court room but not allowed to say a word. I lost. I have lost my home, have no mortgage, for condo fees that the management company received but didn't cash because I was not the rightful owner. 2003, My atty never bothered to file the RE transfer papers to the Suffolk county Clerks office. P atty wants hundreds of thousands in atty fees. This last atty wants to reargue with the appeals court and ask to take to the NYS appeals court in Albany. His paperwork submitted is a mess. I HAVE NEVER BEEN SERVED WHAT CAN I DO? Can I take the process server to the DA and prove he lied under oath. If this is proven what can I do.? I just get told it's to late and just to accept I lost my home. GOD SAVE US ALL, WE HAVE NO JUSTICE LEFT IN THIS COUNTRY. Mayflower family,signers of Declaration of Independence, Do we have any rights today? My forefather's are rolling over in theirs graves. BUT HE WAS A DOCTOR, not a attorney. WHAT CAN I DO TO SAVE MY HOME? You can't by law get a judgement if there has been no service, am I correct. Don't I have the right to prove this. PRO SE never stop being abused. Poor get free help, rich can afford and the masses MIDDLE CLASS GET ABUSED. We need to check out Judges as to how they feel about PRO SE we the people Carol xxxxxxxxxx,[email protected]

Submitted: 4 years ago.
Category: Legal
Expert:  Wendy-Mod replied 4 years ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

Yes, Judge refuses traverse hearing to prove I was never served. Court and attys seem to hate PRO SE people.

Plaintiff atty lied to appeals court and that court doesn't record the hearings. So I can't do anything.

I have had 2 attys and they have made mistake after mistake.


Pro Se and we have no rights and not helped or protected.

Pay $350 to$450 per hour and the client can say nothing, even when the atty has no idea of the question the justice asked.

Ex. Why has she done nothing for 6 years, P leading justice to believe I had done nothing. My new atty said I GUESS SHE WAS LOOKING FOR A ATTY. No, I had one. He never put his name on the file with the court. Did nothing for almost two years. Legal Malpractice attys say there is nothing I can do.

So I have lost my home, NO MORTGAGE.. Condo fees that I paid but they didn't cash as I was not the rightful owner. Atty never put RE transfer papers into the Clerks office. The rest is hundreds of thousands in atty fees for NO SERVICE

Expert:  Wendy-Mod replied 4 years ago.
Thank you for your patience. We will continue the search for a professional for you.

Expert:  JB Umphrey replied 4 years ago.
Welcome and thank you for your question!

I am very sorry to learn of the terrible ordeal you have gone through over the years. It would be helpful to know:

1. When was the original lawsuit filed?

2. When was the default judgment entered against you?

3. When did you first go to court on the case?

4. Why were you being sued? Was it for non-payment? Were you current on your payments?

I look forward to your reply. Please make sure that you answer my specific questions.

~~ J.B.
Customer: replied 4 years ago.

1. 2005, never served ever, told I was, didn't live in the house served. Took a while but now know the person served.

2.not sure. traverse hearing has always refused. On telephone with plaintiffs atty from late 2006. 1st court conference 2009, told by law clerk to file affidavit of merit for traverse hearing, 10/07/209, I filed pro se. Hired atty 11/20/2009 he looked at papers, ok did nothing. Decision came down refused traverse 5/2010. Atty still did nothing. Judge thought I was still pro se, so he abused me. Atty never signed onto my case. Fired atty 4/2011 still told by law clerk still pro se.


2011 hired new atty, filed to re argue for traverse hearing still refused.


Appeal filed, new atty did poor job, I went to the appeal hearing. The Plaintiff atty lied non stop to the justices." I had done nothing on this case since 2005." So the justices asked my new atty why I had done nothing. He said I GUESS SHE WAS LOOKING FOR A ATTY, all other questions he also did not know. Found out the appeals hearing are not recorded so I can prove the lies.

All 4 justice went against me to have a traverse hearing, waited to long doing nothing. Wrong but that means nothing.

3.One telephone with P atty 2006 though 2009

4. The condo said they had no idea who the rightful owner was. I paid condo fees but they said they didn't cash as I was not the rightful owner.

Makes no sense I could have been paying my aunts fees.

Seems my Real estate atty never filed the closing papers with the SC clerks office. 2006 I had to file my copies, purchased 5/2003.

Paid some by bank check that they did cash.


Only issue I have addressed that I know is that I was never served. Foreclosure has been addressed, says dismissed.

Atty says he is going to re argue the appeal and request to go the NYS appeal in Albany.

This is condo fees and huge huge atty fees. There is no mortgage, the P attys have refused to settle this from the beginning... All they want is atty fees in yet I have never been served.


I read that they can not put a judgement on someone NO SERVED. But the court refused me this proof of service, that can be proved.


I am at this point looking into the district atty office to file a criminal charge as to perjury. I was told by the P atty that I cursed at the process server. I did not live at that home, and took some time to find out who was served.

Anchorage vs Haynia, Suffolk County NY index # XXXXX also lost appeals case. New atty has made no stop errors, appeal pkg is a mess.


Pro Se we are abused by the courts, but we have a right to speak. With a atty there make errors we have no rights to correct the errors. No rights to speak, but the court blames the client. Nice.


Thanks, Carol




Expert:  JB Umphrey replied 4 years ago.
Thank you for the follow-up.

I can understand why you would believe that when there is no service that means that the case cannot go forward, however, that is not always true.

The point of service is to have a person placed on notice about a lawsuit.

Even if service is defective, the lawsuit can still go forward if the defendant appears in court (because they are no longer prejudiced). I understand that you may strongly, personally disagree with this ... however, please understand that I'm just a messenger.

Given those principles, do you still will to continue with your question on JustAnswer?
Customer: replied 4 years ago.

I only went to a conference. Told Law Clerk I was not served. Demanded a traverse hearing and refused my rights to prove this. But this is the new USA, we have no justice. All I can do at this point is force the District attorney to criminally charge this person with perjury. That's if the law courts at all.

At no point have I met with the judge, this I have been refused.


I'm told I can't sue the process server since the judge refused my rights. No atty wants to take on a legal malpractice case since 2003 is to long ago to file suit against atty that never filed Real Estate Papers to the county clerk.

A atty hired 2009 and fired 2011 and never notified the judge with one paper. So I was abused as PRO SE.


The next issue I will from this point fight that JUDGES don't get elected that have no respect for WE THE PEOPLE. The public owns the courts NOT ONLY ATTYS>

Hope these people find out what legal abuse is. God help American we used to have justice, but today only some people have justice.

I need to get media coverage on Judge Spinners abuse to a Long Island home owner, but as the Plaintiff's atty told the appeals justices this was only a rental property. God will hurt him in his future


Service from what am told has to be served. Coming to court as per legal research means nothing. It must be proper service. I never went to court.

Expert:  JB Umphrey replied 4 years ago.
Thank you for the follow-up. I understand that you are very upset. And I understand why you are so upset. I wish that I could wave a magic wand and make it right for you, but no such wand exists.

Please help me understand: what information do you seek from JustAnswer?

If you want to complain about how wrongly you were treated by the system, I understand but I cannot make it right for you.

Is there a specific question that you have that I can assist you with?

~~ J.B.
Customer: replied 4 years ago.

Information is wrong... I have never gone to court. I wrote I demanded a traverse hearing. The law states you have to be served. Just finding out is NOT SERVICE otherwise there is no reason for the law as to propr service.


It is not just knowing of a law suit. I am looking into suing the process server, but I'm told I can't since I didn't hirer the process server. So I will be looking for a atty to sue the atty firm.

PRO SE are abused by the courts. The poor get free attys and the rich can afford, MIDDLE CLASS GET NOTHING BUT ABUSED by the law.

We should know all the law, and not expect any help. I can only help la,wyers need medical help and we can do nothing, figure it oout yourselves.


Thanks, YES I AM ANGRY, but why should attys understand losing your home.

Told to go to the Suffolk County Bar Association for a LEGAL MALPRACTICE Atty. I did they give one every few days. The one they gave me hasn't renewed his license since June 2012.

If I didn't renew mine the attys would sue me and I'd lose my license.

Expert:  JB Umphrey replied 4 years ago.
Thank you for the follow-up information. Unfortunately, however, can you please help me understand: what information do you seek from JustAnswer?