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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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While attempting a pro se representation as an HOA small claims

Customer Question

While attempting a pro se representation as an HOA small claims plaintiff, the HOA attorneys, who had a long-term history of working closely with a branch of the District Court of Baltimore County, Maryland, sequentially appeared to be responsible for some or all of three "dirty tricks" which thwarted me on having my day in court. I felt confident about getting "triple damages" supported by photographs and a Public Works investigators Work Order directing the HOA to fix a flood pooling, basement flooding dip created by previous HOA sponsored previous work involving re-laying the flagstones of a common area path. However, these "three strikes" occurred:
1) After an initial continuation requested by the defendant's attorney's, followed by one requested by me, I was told by a clerk-of-the-court's (COTC's) agent that my hearing would not be scheduled before the Fourth of July but, instead, no notification was sent to -- as attested to be another COTC agent told me that unfortunately no notice was sent covering a July 1 st hearing thereby unattended by me.
2) My motion for a re-hearing somehow got lost by the branch and the main office had to get me to re-send it to them; which motion was subsequently denied by a branch Judge!
3) Furthermore, my motion for the court to supply more specifics on the reason for this denial, had to be submitted twice before the same unspecified denial was re-iterated.
Apparently there is no way that I can file a Motion to Compel the court to answer my previous motion. I desperately need to get a hearing, which I believe I can win by showing my previously mentioned various forms of evidence -- that would not be admissible in a Circuit Court appeal beyond just re-iterating the wordings in my previous motions -- so that I can force the HOA insurance company to pay for correcting extensive basement damage by flooding which overwhelmed my sump pump. What can I do in order to bring a successful closure to these seeming shenanigans?
Frank L. Rees, 04-20-2016.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that once the court denied your last motion, your only remaining recourse to get the matter to court was to file an appeal to the circuit court of the denial of your motions and ask the court to vacate the default and reinstate your case, which sends it back to small claims and forces them to set it for a hearing. That is the only way to get your day in court if your case was dismissed and your motions keep being denied.