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Up date on my case Lawyer wont leave me alone


BTO429
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I went to court last week over the slander and defamation complaint that the lawyer entered after I filed a complaint with the bar association. The judge threw it out as he said it holds no legal merit.

I got a summons the next day to be in court AGAIN over the judgment she has against me. I still have no idea how she got the default, I showed up for court, But I have never had a chance for discovery, I filed the motion but have heard nothing about it. I filed it at the clerks office. She has never had to show a contract to prove any thing.

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Gunny,

I don't understand why you aren't retaining an attorney and going after her with a large dose of her own medicine...even if the judgment she has against you is appropriate (not saying it is), taking you to court over and over again and even filing cases about things she has to know has no legal grounds sounds like an abuse of power to me.

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I would ammend your complaint now to the Bar Association adding Malicious Prosecution. You might also want to motion the court for sanctions on the very same point. However I would say you should really find a lawyer to do that and hit her back as hard as you can.

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Well an atty would cost more then the amount she says I owe, but the principal is what I am after so I think I will do that.

I just got a motion from her today that says I am in contempt because I made an agreement to pay her X amount of dollars weekly. I never did that.

Can I file a new motion for discovery based on new evidence as I want to see this doc and the signature.

That is one thing I have never had is discovery I have never seen a contract, or anything. I filed it but the court says they never got it. I filed it the first week of this case.

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File an opposition to her motion and include a motion to strike with sanctions. This is your chance to get her shut down very hard while one of her harassment motions is before the judge. You want the Judge to see everything at once.

This sounds like a very stupid attorney or we are missing a piece of the puzzle. In her motion you say that she is seeking contempt because you agreed with her to make payments. However you can not be in contempt for some agreement that was not a court order. Has she produced any evidence of said agreement?

If not the language to use is something like: Plaintiff has not and can not adduce any evidence of such agreement because no such agreement exists nor was contemplated by defendant.

Go on to recount how much malicious prosecution is going on here. Ask the court to award sanctions against her to you and the court for the huge waste of judicial resources and your time in fighting these frivolous motions and suits. Tell the court that the sanctions need to be sufficient to deter her or anyone else from acting in such an irresponsible way. I would think that her slander suit coupled with this motion is prima facie evidence of malicious prosecution.

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Even if hiring an attorney is not affordable, sometimes you can present your case to one and pay them to send her a nasty letter. It sounds as she is abusing the system based on the fact that you do not have legal representation, and hopes your possible lack of knowledge (no offense)of the court procedures or laws will work in her favor.

Don't roll over for people like her, a good attorney could slam dunk this person in a heartbeat and maybe pay for itself by winning a countersuit. Good luck.

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