CrazyDaisy

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About CrazyDaisy

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    Washington
  1. First of all, lawyers are not allowed in Small Claims court in WA State. (Weird - I thought we always had a "right to an attorney" when defending ourselves, but no, were are not.) Representing yourself pro-se is not for the faint of heart. Second, I also felt the judge had made his decision already - nothing I could say or do would change that. Note that some judges have a bias against debt-owers - that is just the way it is. An attorney friend told me it is a crazy game; there were cases he has won that he thought he wouldn't stand a CHANCE in heck of winning, and cases he argued with the most indisputable facts that he still lost. It's a crap shoot he says. Sigh. In my case, the plaintiff had NO records of statements or amounts due - that was what I was trying to argue - but the judge didn't care. In fact, it makes me shudder to think the plaintiff could have sued me for ANY amount they chose, whether it was accurate or not, and I would have had to pay it since the judge did not force them to "prove it". I am not appealing. Too costly with the bond amount and paperwork fees to appeal, and frankly, I have lost my faith in getting my "day in court".
  2. Oh dear. I had no case laws to quote in my response. I erroneously thought that step that was reserved for trial, not for a hearing, and that a response with arguments was all I needed to avoid an immediate judgement against me. It's a shame. Missed one step! Well, hopefully this helps someone else who is representing themselves. Quote cases on each argument outlined in your response. I didn't do this, and it cost me the hearing. Nuts. Thanks for the clarification on this.
  3. Additional details: King County Small Claims - hearing - judgement amount $3400. Within 60 seconds of approaching the bench, the judge told me that clearly Midland had a solid case against me, and had no choice but to grant the Judgement due to the fact that my written response ( I was not even allowed to talk) had no accompanying affidavit. I was asked "Do you have an affidavit to support these arguments?" I had not the slightest clue what he was talking about. For instance, I am not sure what piece of paper I could have furnished the court with that would have served as an affidavit to support the argument "Exhibit B- Affidavit of Sale The affidavit refers to a batch transaction. Batch transactions contain hundreds or possibly thousands of accounts. The affidavit does not refer to defendant’s account in any way. There is no evidence that any account that may have belonged to defendant was included in this batch transaction." I feel foolish, and am kicking myself that I overlooked this one detail that MIGHT have allowed this to go to trial where I could have had the opportunity for oral arguments, or allowed it to be dismissed. I might as well have just missed the hearing entirely and saved some time and gas money - same result; judgment granted.
  4. After spending countless hours researching these forums, and hundreds of dollars for a ghost written response to the plaintiff's claim, the judge granted the motion for summary judgement at the hearing in favor of the plaintiff. I am still not certain what I did wrong, but my well crafted answers to the complaint were not even considered because I did not have an affidavit to support them. Entire hearing was over in 4 minutes. I clearly thought I was prepared to argue standing in court, but was not. Can anyone tell me exactly what I type of affidavit I needed in addition to my response that would have resulted in either a denial or at best in my favor? Hopefully it will help others going through this. Thanks.