JeanW

Members
  • Posts

    104
  • Joined

  • Last visited

Profile Fields

  • Location
    Wisconsin

JeanW's Achievements

Impressive 100+ postings

Impressive 100+ postings (5/6)

10

Reputation

  1. I would love to go federal with this! But... I don't think I have the kind of energy, information, or experience to do it. I just don't know enough. Also it seems I read somewhere that when you get to the federal level, you MUST be represented by a lawyer. I'm not sure if that's true or not. It just makes me furious when I think of the fact that they and others like them are doing this to literally thousands of people EVERY day! I mean, sitting in that courtroom for two hours that day, there were at least 20 similar cases before my case came up... one courtoom, one courthouse, two hours. This is going on all over the country!!! They're taking us down piece by piece as a nation to line their own greedy pockets. Yes I'd love to take it further. But fact is... I can't even figure out how to proceed from where I am with my own case. I'm fully aware of the fact that appeals seldom work, so I think I have to go with a collateral attack, and I just don't know how to do that.
  2. Billy, Sorry for not responding sooner. I've been out of town as my father just had open heart surgery. Discovery procedures are in the Wis Stats 804 - Civil Procedure - Discovery http://www.legis.state.wi.us/rsb/stats.html From the "Go to Statute Chapter -- PDF or NXT" link, scroll down to "Civil Procedure" (the 800 numbers). You can get the PDF file for 804 right there by right clicking and saving. I'll tell you honestly though... the judge couldn't have cared less that they refused to answer any of my questions. That totally blew me away. I still haven't figured out how I'm going to deal with this.
  3. No, I didn't request a jury trial. I didn't know when something like that should be done. In addition, I had done motions to compel discovery. It was my understanding that summary judgment couldn't even be considered until all motions were taken care of, and all material facts issues cleared up. The judge didn't bother with any of that. He cleared up the unresolved issues by ignoring them and denying my motions. I'm still not sure how to deal with this 5-day rule thing, where I must answer within 5 days with my objections, or the order goes through for summary judgment. I'm sure that's exactly why they did that... because I wouldn't know how to respond. Can I do something like a "Notice and Motion to Stay Summary Judgment with Objections to Summary Judgment"? If I can do a Stay Motion... do I send it to the same judge? Doesn't make sense to me to do that, but can find no info on who should recieve it. If sent to the same judge, obviously he'll just deny it. I'm not even sure its the right thing to do in this situation (the Stay order). If anyone knows how to demand the "findings of facts and conclusions" thing, it would be greatly appreciated. I want them to put the court's "findings" down on paper and on the record. Just not sure how. Is this a DEMAND, a MOTION, or what? What should be included in it? Who does it go to? Can I do this at the same time I do another paper to stop them? Is there a better option than a Stay Motion to stop them? Can I do a second Motion to compel discovery and DEMAND it?
  4. Kristi, Big difference between remarkable and scared/desperate. Are you saying you checked the evidence and saw none there? I was 99% sure that was the case, until they pushed through the summary judgment anyway. Really need those citations and just can't find what I'm looking for. They also made a big deal about the fact that I hadn't done some affidavits. Was up till 4 am looking for information again, and realized affidavits ARE REALLY REALLY important!!! I thought if I was signing my name to some after stating facts, that was pretty much the same thing... its NOT! The other night I had found something about that a lack of an affidavit was not to be used against a pro se litigant. It was either a citation somewhere or it was in the statutes. I was so tired, I didn't save it, and now I can't find it again!
  5. Kristi, I agree. Sending you my private email and phone number by private message.
  6. Kevin, Do you have copies of the papers filed by the attorney? Do you know what defenses he used? I can't afford a lawyer, and certainly don't trust them.
  7. MontanaTim, I just checked the filed papers on the court docket (I think thats what its called). Both of my replies to the Summons and Complaint were filed. I get confused about some of these things, but I may have only failed to sign the copy that went to the opposing attorney, because I remember the court clerk having me sign papers while I was there having them filed. Or... I may have immediately signed and delivered another set to the attorney, and amended it later for other reasons. To be honest... I've spent so much time studying, I don't remember the sequence. But they were both filed. Also the Plaintiff did respond to the first one and in his affirmative defenses he stated, "4. The Answers, Defenses and Counterclaims filed by the Defendant were not signed, as required by Wis. Stat. 802.05 and should therefore be stricken by the Court." The Court didn't strike them as far as I know. It certainly wasn't said out loud. So, I could be wrong, but I don't think that was it. Anyone know how to demand findings of fact and conclusions of law?
  8. Kristi, Reading in Jurisdictionary, they said all appeals are based on the objections raised. I'd get my objections in order and ready if I were you. It surely couldn't hurt. Apparently appeals are based on the fact that the Judge made errors... therefore you MUST object to those errors and make sure those objections are in the records. I printed this list of Objections and took it with me to court: http://www.kapowwie.com/legal/files/
  9. Is this your first court hearing or where they go for summary judgment? From what I can tell, the 5-day rule is another scam. Waukesha and Milwaukee both have a 5-day rule but the only place it can be found (unless I missed it) is under the family division having to do with guardian custody. Nevertheless, he's using it... I'm sure to prevent me from responding in time with a decent response... and at this point, it looks like that just may happen. If you want to get together online, on the phone, or in person, email me. Between us, we might be able to do each other some good. I'm also in touch with a couple other people in the area that fight injustices in the courts.
  10. Kristi, The link has been fixed. You can also download a zip file of all of them, or go right to the directory listings here: http://www.kapowwie.com/legal/cc/ RSIH is relentless and the court is apparently used to giving in to them without any real evidence. Feeling real clueless as to how to proceed with my objections. I feel like this has to be submitted by tomorrow morning, but I have to find the needed citations. Real worried at this point. Where do you live? Just wondering because the opposing attorney is actually Robert Hornik, so wondering if you're also in the Milwaukee area?
  11. Kristi, The judge was reading from a paper in front of him and literally racing through it. I didn't have a chance to write anything down, and remember little of it... which I assume was the purpose for racing. I believe he said there was no material facts at issue, and that was the reason for denial, but I'm not sure that. I'm very worried that the court reporter did not get everything that the judge and I said, and/or that the judge may actually make him change it. I updated the page where all these files are posted... only missing one file now, and the zipfile has also been updated. www.kapowwie.com/legal/wap.htm
  12. The one thing I know I HAVE to do right now, is reply with objections on the summary judgment under this 5-day rule thing. Working on that... Other than that, there seem to be a couple of other options that I've seen mentioned, and I know nothing about them. If anyone could explain these, tell me where to find forms, etc. I would greatly appreciate it. I study this stuff all the time, but I'm not finding what I need, so I obviously am looking in the wrong places. Here are the options: Appeal the summary judgment on the judge's errors File for findings of facts and conclusions of law File a collateral attack in another court Sue the judge because he lost SMJ and personem I'm not sure what the difference is between all of these, where or when to file, or if you do some of these simultaneously. Is there a specific order in which to do them? If you do one, is another out of the question? How do you know which is the best way to go?
  13. The original post regarding this case is here: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=274357&highlight=JeanW It was getting very hard to read and keep up with, since I was posting all of the documents too. To make it easier to understand, I put everything here: www.kapowwie.com/legal/wap.htm with explanations. There are several papers I haven't gotten up yet... you'll know what they are by the fact that they aren't linked. Well, here's the problem... I got railroaded in court! Granted... I should have expected that, but it was SO CLEAR the plaintiff was in direct violation of every law I simply couldn't imagine this happening. Anyway, I had my court date (1/28), and the judge broke every rule one could possibly break. I haven't gotten the transcript of the hearing yet, but I did get a notice from the other attorney under what he calls the "5-day rule" wherein I must object to the findings of the court within five days or the judge automatically signs the summary judgment. (letter dated 1/28, received 1/30) This five day rule doesn't even appear to be legal as the only place its listed in the Wisconsin Statutes is under the family division, having to do with guardian custody. During the hearing, the court asked if either the attorney or I had anything to add before he began. Not realizing he was about to pronounce judgment on me, I said no. I was expecting him to deal with my motions. He then raced through reading a pre-written paper of why I was wrong, and he denied every motion I made... without reading them. He ignored the Best Evidence Rule. There were no legally submissible documents produced by the Plaintiff. No competent fact witness was produced. Out of all of my discovery motions... not a single document or answer was given. Motion to compel discovery was denied. I was reamed out by the Judge for politely asking when I could voice my objections. At the end of his rulings, he asked if there was anything we wanted to add. I said I wanted to voice my objections. He let me voice one or two very quickly (I was racing because it was obvious he didn't want them voiced), and then he repeatedly tried to cut me off by pretending I was done, by shouting over me, etc. I also voiced an objection to that, and also stated I wanted my objections on record, and that my objections were not finished. (I read somewhere...Jurisdictionary I think... that all appeals are based on the objections you made.) I now need to complete a list of objections for every rule they broke, which isn't entirely possible since I have no record yet of what laws the judge used. All I can do is show what they totally ignored. I have some citations for the following things, but any additional ones would really really help, especially with the exact wording or a link to it, as I think I need to add that to my Objections. I haven't really learned how to find the exact citations I need, because everything has to be done so quickly. But... If I can get through this, it will be a big help to anyone in a similar situation: 1. The exact requirements to prove a contract between two parties. 2. Due process violations 3. Subject matter jurisdiction not established (this one still confuses the life out of me!) Also, is SMJ the same as "standing?" 4. Not being allowed to voice objections (may come under due process, but something specifically related to that would really help) 5. Judge didn't read motions (even though he stated he did ... some were filed right before court, and he didn't have time to read them and made no attempt to). 6. Best evidence rule ignored 7. Requests for Discovery produced not a single document and only the standard elusive answers 8. No competent fact witness 9. Judge mis-stated the law 10. Judge mis-interpreted the evidence Want to see a real joke? Look at the ONLY evidence they submitted: http://www.kapowwie.com/legal/cc/discovery/071210-METRISCOMPANIES=certificateofsecretary.doc http://www.kapowwie.com/legal/cc/discovery/071210-BILLOFSALEANDASSIGNMENTOFASSETS.doc In addition to the standard "monthly statements" which don't bear their name. These documents, btw, were only sent to me, not shown by them in court... they didn't want this "evidence" produced in court. Nevertheless, I did, and the Judge still ignored it. Note: I did claim fraud in my papers. Could they honestly look at this "evidence" and say there was no fraud involved? Thats what the Judge said! 11. FDCPA violations. I have the violations themselves, but would like actual case citations upholding those violations. 12. Treatment of Pro Se litigants. I have quite a few of these, but am looking for one that specifically relates to treating pro se litigants with respect, offering them help, etc. 13. Regarding #1 and #3 above, how have those two been used in court cases, to disprove standing or SMJ? 14, Citations regarding mailing and service dates, weekends, etc. (not sure when I have to have this 5-day objection thing in and would like to contest it). I'm aiming for Monday, but logically I should have till Wednesday, but given how they've already acted, I can be pretty sure they will sign summary judgment on Monday. I know there are more violations they comitted, but this is all I can think of at the moment. If anyone cares to look over the papers submitted so far and comment, the comments would be much appreciated! For the moment though, I believe I need to turn in these objections on Monday, Feb 4, so am desperate for good court rulings.
  14. Lecasbas, Thank you for following this with me... I realize its an awfully huge thing to try to keep up with. I received packages from their attorneys on December 7th. There is an answer to my interrogatories and request for documents, Summary judgment, and a form letter to dismiss the case. The dismissal (Stipulation and Order for Dismissal) is to be a dismissal signed by both parties, and says only this: "The undersigned hereby stipulate and agree that the above entitled action be dismissed without prejudice and without costs to any party." Its supposed to be signed by both of us, but I noticed they didn't sign it. As I was thinking about it, seems to me that if I signed and returned it, and they decided not to sign it, I might be giving up everything. They could just take the signed paper into the courtroom and say "see, she dismissed her actions against us!" Don't know if it works that way, but it would certainly be a sneaky trick if it does. Either way, I have no intention of dismissing it. I filed counterclaims, and I'm going through with fighting it. EVERY answer to both my interrogatories and requests for documents were answered with a boilerplate comment like "request is vague, ambiguous, and contains numerous unidentified terms." The only papers attached were copies of old credit card statements with the original creditor, all stamped "VOID" and "Duplicate Statement." There wasn't a shred of proof in any way, shape or form. It was "almost" funny! I now have I think ten days to answer all of these papers, which I'm working on. As far as their summary judgment, its null at this point, because I filed the motions. I won't dismiss my actions against them. So its just a matter of exposing their answers as ludicrous and illegal (as in not living up to the definition of validation of debt). I haven't been able to find the page where it tells what court cases defined "validation of debt". If anyone knows where that is located, I would very much appreciate a url. Jean