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I need some serious help quick


JeanW
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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.

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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?

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Hi, Jean. I know your hands are full right now, but when you get a chance, can you tell what reason they gave to deny your motion to compel. I follow your posts and am glad you're back, posting again.

You said: 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.

Any reasons given???

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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

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Thanks for your response, Jean. I’m also dealing with some similar issues as well as RSI & H. Will look into “no material facts at issue.”

Great info on your Web site … I’d also be interested in reading the court transcription, if and when you can get it.

Can’t seem to get your link to open under Start of Discovery Phase.

I hope you stick with this; maybe out of everything, you (hopefully others will add to this) can offer some good advice for other pro se defendants.

And sorry … didn’t mean to steer your post off track.

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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?

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Jean,

Link is working now.

I wish I could offer you advice and add to your list, but the truth is, you know more and have a better understanding of the laws than I.

My court hearing is scheduled for tomorrow, and it's in Waukesha; just looking at the guide for Waukesha small claims, it indicates you have (10) days to appeal after an oral decision and (15) days after a written. What's the guide state for Milwaukee county? Not sure why you are being told 5 days. The one I have for Waukesha even states "you will be given an appeal rights form."

The RSIH attorney, in my case, has provided zero documents ... though I have a motion to compel and a hearing scheduled for tomorrow, he's filed an answer. Jean, I'm fairly certain they play dirty and will be trying to get a judgment without evidence .... except for some inane telephonic testimony. Can't be certain until tomorrow though.

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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.

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Jean,

It's supposed to be a motion hearing, I'm assuming for my motion to compel, but because the attorney has filed an answer, stating something about my not giving them enough time for discovery, I'm thinking anything could be fair game tomorrow. Who knows, maybe I'll be appealing a decision along with you. I'm basically there for one reason, which is to make sure there is a legal basis for their complaint. To me, it is mind boggling that they might get a judgment without a lick of evidence, especially when I am the only one with papers, showing an indication this debt is well past SOL. Jean, I’ll definitely be in touch … you can count on that. Anything I can do to help myself or others. As for now, I have people chirping in my ear, “Come on, the games on.” If worse comes to worse, can you think of anything I can say or do tomorrow that will ensure an appeal? So far, I have been honest, have not lied and have tried (unsuccessfully) to use the correct procedures; but alas, I do not trust this; bad, bad feeling.

I’ll check in to see if you reply.

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This is one of those posts (for the newbies reading) where it pays to hire an atty. Basically when I went to court the judge asked "is the debt yours?" and if the defendants said anything other than "no" they lost. If you can't claim the SOL for this debt, and you did take out a credit card, there's really no defense. The judge at my court didn't even get into if the CA had the right to collect or not...it was like an assembly line.

For me, I hired a naca atty, was the last one of the day and the only person who won. Had I tried to go pro se (I thought about it) I most certainly would have lost.

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Right here is where they probably got you (technically)

"I filed my Answer and CounterClaim and then realized I had forgotten to sign them, and being clueless at the time, wasn't sure how to do an Amended one. Its essentially the same as the first, but I should have restated everything instead of referring to the first one"

The first answer was dead, non fileable due to lack of signature. Referring to a document not legally in the file rendered your amended answer -no answer. There by making no argument as to the facts in the case presented in the complaint. And then this fact snowballed down through the motion process.

Not sure how to fix this as there may be no mistake of law to appeal on. You said you had a counter claim, also not heard apparently due to improper filing.

You may want to file your case and proceed with that and perhaps you can get them to volunteeringly file to vacate their judgment somehow......maybe.....wish.

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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/

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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?

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I think we should talk, probably in person. I think between the two of us, we might be able to set up a link for Wisconsin to go pro se; I'm also thinking this is worthy of news. I'm actually under contract, but I think we can do this on our own; no one will want to touch this, but if we do enough, they will.

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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! :(

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