david9041

Why not take our courts back ? Demand Jury Trials, Let us decide ?

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My wife has received a summons to appear in court ( it states in person ) its a alleged credit card default case , civil court , under 5,000 . Can she appoint another person ( other than a lawyer ) to act in her place , so she would not even have to show up ? Like myself , her husband ?

No

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Newryman , I was hoping somehow I could go in her place , that------ DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS ---------- you posted had some things in it I wish I had used . What do you think about some kind of counterclaim because the Agreement copy could not be correct ? It was listed as No 3 on their complaint

3. The credit card and the original card agreement (the " Agreement " ) were sent to the defendant .

Upon information and belief , Defendant is in possession of the original Agreement . A copy of the Agreement is attached and incorporated herein by reference .

The copy they sent was copyright 2005 , which would be years after the alleged account was open . Is there a counterclaim in there somewhere ?

I still have not figured out if Rubin & Debski are junk debt buyers or not , Capital One is listed as plaintiff , Rubin & Debski as the law firm , a lawyer named Nicole Raines signed the complaint , a woman named Shayna Singer showed up for the pretrial said she represented Capital One , when I served her the Request For Production Of Documents --- Request for Admissions and Interrogatories she would not accept them , she told me to send them to Rubin & Debski , when I asked the mediator why she would not accept them , if she was representing them ? He told me she could not , said it kind of smart to . I said that does not sound right , he said again , she can not accept them . It is some set up they have , they show no facts just pay us 4,700 dollars

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3. The credit card and the original card agreement (the " Agreement " ) were sent to the defendant .

Upon information and belief , Defendant is in possession of the original Agreement . A copy of the Agreement is attached and incorporated herein by reference .

plaintiff has not provided defendants with a original signed card agreement from X date, defendants also denies the agreement provided by plaintiffs is correct

___________________

Shayna Singer represented Capital One ,she was not representing for Rubin & Debski

you need to serve papers to thier ( OC)attys. Rubin & Debski

the lawsuit for you wife only has her name? i dont know but is is possiable for you to join as a co-defendant since you maybe held liable?

Florida – Equitable Distribution State

In Florida, all property acquired and income earned during the marriage is considered marital property and subject to “equitable distribution.” Equitable does not necessarily mean equal, although 50-50 is the norm. Note that property acquired prior to the marriage and property acquired by gift or inheritance, even during the marriage, is excluded.

Edited by cbairey

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My wife has received a summons to appear in court ( it states in person ) its a alleged credit card default case , civil court , under 5,000 . Can she appoint another person ( other than a lawyer ) to act in her place , so she would not even have to show up ? Like myself , her husband ?

No. It must be her or a lawyer.

You delt with a rent-a-lawyer. She should have accepted the discovery. Between her and the mediator it sounds like you are dealing with the typical South Florida lawyer crowd. They leave a lot to be desired.

You might want to file a Motion to Dismiss if they failed to attach a copy of the signed contract to the Complaint.

Edited by FlaLawyer

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She did say she was local and Rubin & Debski would get it quicker if I mailed it , it did not make a lot of since to me , but I was getting a little up tight by then . Being they stated in the complaint that it was a copy of the agreement they sent me and that would be false , does that help ? Also the amount going from 2,600 to 4,700 , the summons was signed May11 , no date on the complaint , but still that's only 5 weeks . I should have asked for her Bar number . I would rather find a reason to counterclaim . It was kind of sad to hear all those names called and almost no one showed up .

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It was kind of sad to hear all those names called and almost no one showed up .

That is normal.

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I forgot to mention , I filed the three Motions to Quash the other three summons , but I guess they will just serve them again . I sure do like all the help , you must put in some long hours .

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David way to go.

Sounds like you stood your ground!

Have you seen ripoffreports.com?

They have an action page

http://www.ripoffREVENGE.com/

Its some book, I've never read it only had a few friends that thought it was useful.

So anyways take it for what it is, I honestly don't know if it can help or not.

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This is a copy of a counterclaim I have prepaird for the court , can anybody out there let me know if it looks proper and the claims I have made have a chance of working ? ditaloca , I checked that site , you have to buy the book but it might be worth it .

------------------------------------------------------------------------------------------------------------------------------------------

Date 6 / 19 / 2009

IN THE COUNTY COURT OF THE STATE OF FLORIDA IN AND FOR THE COUNTY OF PASCO

Case No.__xxxxxxxxxxxxxxxxxxxxxxxxxxx

COUNTERCLAIM

CAPITAL ONE BANK

Plaintiff

Vs.

xxxxxxxxxxxxxxxxxxxxxxx

Defendant

COMES Now Defendant, xxxxxxxxxxxxxxxxxxxxx and files this COUNTERCLAIM , and requests the Court to grant such COUNTERCLAIM based on facts stated below:

COUNTERCLAIMS

FIRST CAUSE OF ACTION

Statement of Facts

1 May 21 , 2009 , Defendant Called and gave Rubin & Debski P . A .an oral notice of dispute and request for validation of alleged debt followed by a faxed notice of dispute and request for validation of alleged debt , requesting conformation .

2 May , 24 2009 , Defendant , again faxed Rubin & Debski P . A .a notice of dispute and request for validation of alleged debt requesting conformation .

3 June 1, 2009 , Defendant , sent Rubin & Debski P . A by way of certified mail, request for validation of alleged debt . Rubin & Debski P . A received the request June , 3 , 2009 .

4 June 5 2009 , Rubin & Debski P . A sent defendant a letter clearly stating " This letter is an attempt to collect a debt " , attached to the letter was a copy of summons for case No . 51 2009 S C 1786 W S / S for Court Date June 17 2009 . Plaintiff willfully and/or negligently violated provisions of the Fair Debt Collection Practices Act (hereafter “FDCPA”) in the following respects:

(a) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff in writing that the alleged debt was disputed, therefore violating 15 USC 1692g(B).

5 June 8 , 2009 , Rubin & Debski P . A again sent defendant a letter clearly stating " This letter is an attempt to collect a debt " , attached to the letter was a copy of summons for case No . 51 2009 S C 1786 W S / S for Court Date June 17 2009 . Plaintiff willfully and/or negligently violated provisions of the Fair Debt Collection Practices Act (hereafter “FDCPA”) in the following respects:

(a) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff in writing that the alleged debt was disputed, therefore violating 15 USC 1692g(B).

6 Rubin & Debski P . A Compiled and formed the letters dated June , 5 and June , 8 , 2009 willfully and/or negligently stating account numbers that did not correspond with the account numbers on their complaint , filed for Case No . No . 51 2009 S C 1786 W S / S . Defendant contends this was an act done willfully and/or negligently to mislead , confuse , intimated and harass the Defendant , and violated provisions of the Fair Debt Collection Practices Act (hereafter “FDCPA”)

7 Rubin & Debski P . A attached to their complaint a copy of an agreement , in their complaint Rubin & Debski P . A stated that it was a copy of the " Agreement " sent to the Defendant at the time the alleged agreement was made the copyright date of the copy attached to the complaint is 2005 . The date of the alleged agreement would have had to be prior to 2005 . Defendant contends this was a willfully and/or negligently act and violated provisions of the Fair Debt Collection Practices Act (hereafter “FDCPA”)

NOW THEREFORE, DEFENDANT PRAYS FOR THE FOLLOWING RELIEF:

PRAYER FOR RELIEF:

For Defendant’s First Cause of Action

(a) Punitive damages and Statutory damages as seen fit by judge or jury ;

________________________

Defendant

xxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxxx

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: Rubin & Debski P A

P. O. Box 47718

Jacksonville Fl. 32247

Date 6 /19 / 2009

__________________________________

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cbairey , my wife it starting to get used to the idea that she is going to have to go , I can see why people do not show up though , but she sure does not like the idea of a jury trial so that is probably out for her , we have to find a better plan . I changed that agreement provided by plaintiffs counterclaim a little bit . I sure wish I had asked Shayna Singer More about who she was and other things , I wont make that mistake again .

Question can a person make a counterclaim based on someone breaking the spirit of the law ?

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cbairey , my wife it starting to get used to the idea that she is going to have to go , I can see why people do not show up though , but she sure does not like the idea of a jury trial so that is probably out for her , we have to find a better plan . I changed that agreement provided by plaintiffs counterclaim a little bit . I sure wish I had asked Shayna Singer More about who she was and other things , I wont make that mistake again .

Question can a person make a counterclaim based on someone breaking the spirit of the law ?

If you joined, you then could "assist" her along.

Florida Rules of Civil Procedure

RULE 1.230 INTERVENTIONS

Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by court in its discretion.

Florida Rules of Civil Procedure

RULE 1.210 PARTIES

(a) Parties Generally. Every action may be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought. All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if that person's presence is necessary or proper to a complete determination of the cause. Persons having a united interest may be joined on the same

Florida Rules of Civil Procedure

RULE 1.250 MISJOINDER AND NONJOINDER OF PARTIES

c) Adding Parties. Parties may be added once as a matter of course within the same time that pleadings can be so amended under rule 1.190(a). If amendment by leave of court or stipulation of the parties is permitted, parties may be added in the amended pleading without further order of court. Parties may be added by order of court on its own initiative or on motion of any party at any stage of the action and on such terms as are just.

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Cbairey , Thank you , I had read that but could not quite follow it , the " assist " still messes me up , could I do all the talking ? She dreads that part , I am kind of bad at it to . Also if we demanded that , and we joined is it possible she would not have to show up , only me ? Please look at the following I called it a PLEADING FOR SANCTIONS also above a few posts I made a COUNTERCLAIM To give to the court what do you think ? I could not find any on this site to use . My wife loved your help , am I right in thinking that I would make a motion to the court ( to join ) before the pretrial conference ?

-----------------------------------------------------------------------------------------------------------------------------------------------

Date 6 / 22 / 2009

IN THE COUNTY COURT OF THE STATE OF Florida IN AND FOR THE COUNTY OF Pasco

Case No.__xxxxxxxxxxxxxxxxxxxxxxx

PLEADING FOR SANCTIONS

CAPITAL ONE BANK

Plaintiff

Vs.

Xxxxxxxxxxxxxxxxxxxxxx

Defendant

COMES Now Defendant, xxxxxxxxxxxxxxx and files this PLEADING FOR SANCTIONS , and requests the Court to grant such PLEADING based on facts stated below:

PLEADING FOR SANCTIONS

The Plaintiff , Capital One Bank , and the Law Firm claiming to represent them Rubin & Debski are sometimes following the letter of the law but are committing acts that are contrary to the spirit of the law. They are acting in an antisocial, irritating manner while technically staying within the bounds of the rules. Examples listed below show their acts to be illegal at times and at other times following the letter of the law but not the sprit of the law .

1 . After being notified three separate times , Rubin & Debski P . A , again sent defendant a letter clearly stating " This letter is an attempt to collect a debt " , attached to the letter was a copy of summons for case No . 51 2009 S C 1786 W S / S for Court Date June 17 2009 . Plaintiff willfully and/or negligently violated provisions of the Fair Debt Collection Practices Act (hereafter “FDCPA”) in the following respects:

(a) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff in writing that the alleged debt was disputed, therefore violating 15 USC 1692g(B).

2 . Rubin & Debski P . A , attached to their complaint a copy of an agreement , in their complaint Rubin & Debski P . A stated that it was a copy of the " Agreement " sent to the Defendant at the time the alleged agreement was made the copyright date of the copy attached to the complaint is 2005 . The date of the alleged agreement would have had to be prior to 2005 . Defendant contends this was a willfully and/or negligently act and violated provisions of the Fair Debt Collection Practices Act (hereafter “FDCPA”)

3 . I contend that outside of the court system they use these same antisocial, irritating manners and willfully and /or negligently mislead , confuse , intimated and harass certain people so they do not show up for their court hearing , they do this to obtain a judgment . I suggest that when our courts send these defendants the judgments the court furnish a questionnaire to obtain knowledge as to weather or not they had been mislead , confused , intimated and harassed by the Plaintiff and / or the lawyers involved , These Plaintiffs and lawyers are creating a system similar to a fast food system , they are using our court system as a fast judgement system , they need to be sanctioned for this . In the name of justice this court should take steps to correct this . We have a wonderful court system ran by honorable people we hold in high esteem , I pray this will not be allowed to change .

________________________

Defendant

Xxxxxxxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxxxxxxxxx

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yup. join in , then all she has to say is, I defere to my hubby on this matter,

means what ever he says is what i say also..

she will have to answer the standard, name ect..under oath,

she will have to show up :( unless you can get the atty to agree that you will rep both of you and she is not needed to appear, but doubtful

if you have small kids or newborn and she needs to stay home watching them, or her job demands her skills are needed, this works if she is nurse or paramedic ect..or major health problem)

this is what we are doing, hubby just said, your honor I Defer to my wife in all answers to this action, as she is the one most familiar with this case.

Edited by cbairey

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cbairey , Well here is the first draft , see what you think , maybe there is no certain way it has to be stated . I am trying to understand why some of my posts are wider than others .

Date xxxxxx

IN THE COUNTY COURT IN THE SIXTH JUDCIAL CIRCUIT IN AND FOR THE PASCO COUNTY , FLORIDA Case No.__xxxxxxxxxxxxx

MOTION TO BE JOINED AS DEFENDANTS

CAPITAL ONE BANK

Plaintiff

Vs.

Xxxxxxxxxxxxxxxxxxxx

Defendant

COMES Now Defendant, xxxxxxxxxxxxxx, and files this MOTION TO BE JOINED AS DEFENDANTS , and requests the Court to grant such Motion based on facts and rules stated below:

As per rule any person may be made a defendant who has or claims an interest adverse to the plaintiff. I xxxxxxxxxxxxxxxxxxxxxxx beg the court to allow my husband xxxxxxxxxxxxxxxxx to join me as a joint defendant . Our marital status and our joint interest adverse to the plaintiff fit these requirements

1 . Florida Rules of Civil Procedure

RULE 1.230 INTERVENTIONS

Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by court in its discretion.

2 . Florida Rules of Civil Procedure

RULE 1.210 PARTIES

(a) Parties Generally. Every action may be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought. All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if that person's presence is necessary or proper to a complete determination of the cause. Persons having a united interest may be joined on the same

__________________________

Xxxxxxxxxxxxxxxxx

Xxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxx

Defendant

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4 June 5 2009 , Rubin & Debski P . A sent defendant a letter clearly stating This letter is an attempt to collect a debt " , attached to the letter was a copy of summons for case No . 51 2009 S C 1786 W S / S for Court Date Fair Debt Collection Practices Act (hereafter “FDCPA”) in the following respects(a) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff in writing that the alleged debt was disputed, therefore notified Plaintiff in writing that the alleged debt was disputed, therefore violating 15 USC 1692g(B)

David I don't think this part will work, they are allowed to let you know whoch specific remedy they are taking, that's not attempting to collect but notifying you of legal action.

I don't know much but I think you should probably talk to more experienced members. Before you enter that.

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Ditaloca , before I seen your post I had already sent their lawyers a copy of the counterclaim , but when I went to the courthouse to file it , they told me it would cost me 385 dollars , I told them I was in this mess because I was broke , they said I could cross out the word counterclaim and put dispute so that's what I did . Being dumb is working against me , I try to act like I understand and know what I am doing but I fail most of the time , I have done A/C Repair all my life , I am 67 now and even though I was real good at it , I cant handle the work anymore . I hope those golden years will start to kick in soon , I heard about those golden years all my life , maybe I misunderstood .

About that letter , The summons they attached to it was was for the 6/17/09 pretrial , the letter (two sent 5th and 12th ) was asking me to call them to settle the debt . They said it would save me the trouble of appearing in court , I would think that would be considered trying to collect the debt .

Question , the judge told the plaintiff he was granting me discovery , and I just sent their lawyers the documents and information request , so I guess their 30 days are in affect , now if I want anymore information ( I already want to know the connection between them and the lady at the mediation ) if I request information do I also have to send the court a copy ?

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Anything you charge them with needs to have proof.

I would leave the The relationship between mediator and lawyer alone.

It would be so difficult to prove that if it exists that its not within legal boundaries.

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cbairey , Well here is the first draft , see what you think , maybe there is no certain way it has to be stated . I am trying to understand why some of my posts are wider than others .

Date xxxxxx

IN THE COUNTY COURT IN THE SIXTH JUDCIAL CIRCUIT IN AND FOR THE PASCO COUNTY , FLORIDA Case No.__xxxxxxxxxxxxx

MOTION TO BE JOINED AS DEFENDANTS

CAPITAL ONE BANK

Plaintiff

Vs.

Xxxxxxxxxxxxxxxxxxxx

Defendant

COMES Now Defendant, xxxxxxxxxxxxxx, and files this MOTION TO BE JOINED AS DEFENDANTS , and requests the Court to grant such Motion based on facts and rules stated below:

As per rule any person may be made a defendant who has or claims an interest adverse to the plaintiff. I xxxxxxxxxxxxxxxxxxxxxxx beg the court to allow my husband xxxxxxxxxxxxxxxxx to join me as a joint defendant . Our marital status and our joint interest adverse to the plaintiff fit these requirements

1 . Florida Rules of Civil Procedure

RULE 1.230 INTERVENTIONS

Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by court in its discretion.

2 . Florida Rules of Civil Procedure

RULE 1.210 PARTIES

(a) Parties Generally. Every action may be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought. All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if that person's presence is necessary or proper to a complete determination of the cause. Persons having a united interest may be joined on the same

__________________________

Xxxxxxxxxxxxxxxxx

Xxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxx

Defendant

i think it looks funny when you write/ reply because the box is smaller

that should work ok, i dont see why the CA would object( hey we can sue Both of them yippie!)

ask for a low income waiver for your filing fees, if you go the jury route, you will have to pay the counter fees and a jury fee,

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Cbairey Thanks for the reply , my wife is worried that if I ask to many more questions people will quit answering , I hope not . We have noticed that our summons which are all for the same day , they have me listed for two cases at 9 and one for my wife at 10 so asking to be joined will have to wait until the time between the pretrial and the date of the jury trial , she said she could handle the pretrial if its just handing the judge the paper work and demanding the jury trial .

I have started a new thread , I thought this one may be getting overloaded . I need to understand more about the cost and yes I will check into the low income thing , for us its no income , just my retirement S.S. My I R A 's are used up

I noticed this in the rules ,

Rule 5.2. Privacy Protection For Filings Made with the Court

(a) Redacted Filings.

Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual’s social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only:

(1) the last four digits of the social-security number and taxpayer-identification number;

(2) the year of the individual’s birth;

(3) the minor’s initials; and

(4) the last four digits of the financial-account number.

If I am reading it right , the fact that ( 4 ) they listed the entire alleged account number on their complaint would be a violation ? I am on a hunting expedition .

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Cbairey Thanks for the reply , my wife is worried that if I ask to many more questions people will quit answering , I hope not . We have noticed that our summons which are all for the same day , they have me listed for two cases at 9 and one for my wife at 10 so asking to be joined will have to wait until the time between the pretrial and the date of the jury trial , she said she could handle the pretrial if its just handing the judge the paper work and demanding the jury trial .

I have started a new thread , I thought this one may be getting overloaded . I need to understand more about the cost and yes I will check into the low income thing , for us its no income , just my retirement S.S. My I R A 's are used up

I noticed this in the rules ,

Rule 5.2. Privacy Protection For Filings Made with the Court

(a) Redacted Filings.

Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual’s social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only:

(1) the last four digits of the social-security number and taxpayer-identification number;

(2) the year of the individual’s birth;

(3) the minor’s initials; and

(4) the last four digits of the financial-account number.

If I am reading it right , the fact that ( 4 ) they listed the entire alleged account number on their complaint would be a violation ? I am on a hunting expedition .

you can ask the court to redact any information you feel may " allow of theft of identity" more so than not they can put it as a "sealed" file. meaning only you. atty and court may see the whole information, but it must be redacted for the public. a minor point, unless you think alot of people are looking at your case records.

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Cbairey I really don't care about it , I am just looking for any thing that they might be doing that might be in violation . When I went to my pretrial everything seemed to start out okay , I thought I was prepared , but I was kind of uptight and didn't quite know what to say so when it came time to go up to the podium to talk to the judge I bleated out that I thought it might be a case of mistaken identity I said I thought the plaintiff may have mistook me for someone that gives a shi1, well needless to say humor is not taken well in a courtroom . When I get my jury trial and at the end when I address the jury I plan to tell them that if the evidence leads them to belive that I willfully cheated the plaintiff they must find me guilty and that I demand the death penalty . I don't think I'm cut out for this legal stuff . Seriously though its not as bad as I thought .

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