Cooter Posted November 12, 2012 Report Share Posted November 12, 2012 I argued standing, privity, pointed out every discrepancy, challenged bill of sale, billing statements, address, OC contract, jdb contract, affidavits x 3, the mismatching dates of ownership, out right denial of the debt, the judge replied you have brought up some valid points and said he would revisit the case and render his decision which was not in my favor. judgement summary for the plaintiff of 4000.00 + this was in Arizona precinct 7, my opinion was the judge had already decided the case and our defense was not an issue, the lawyers were present telephonicly. I'm at a loss for words, any insight anyone? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 12, 2012 Report Share Posted November 12, 2012 That's why appeals courts were invented. Link to comment Share on other sites More sharing options...
saytar Posted November 12, 2012 Report Share Posted November 12, 2012 I argued standing, privity, pointed out every discrepancy, challenged bill of sale, billing statements, address, OC contract, jdb contract, affidavits x 3, the mismatching dates of ownership, out right denial of the debt, the judge replied you have brought up some valid points and said he would revisit the case and render his decision which was not in my favor. judgement summary for the plaintiff of 4000.00 + this was in Arizona precinct 7, my opinion was the judge had already decided the case and our defense was not an issue, the lawyers were present telephonicly. I'm at a loss for words, any insight anyone? I'd point out in my appeal ( in legal language) that his second visit to the case was no more informative than his last. That you need the court of appeals to see if he failed to see the forest for the trees. Or if he was sleep on duty during your case. Link to comment Share on other sites More sharing options...
Seadragon Posted November 12, 2012 Report Share Posted November 12, 2012 I have been fighting mine for 3 years. I hope the AZ appeals process is much better than here.I will tell you the normal appeals process did nothing for me really. The Writ of mandate however got the ball rolling fast.I would look into the writ of mandate as an option, and to stay enforcement of the judgment. You can also appeal at the same time but that gets expensive.So telling what worked in my case Appellate Division appeal-didn't work they actively avoided key issues to affirmCOA petition for transfer deniedWrit of mandate to COA for appellate decision and the judgement-summarily deniedNow Up to big boys court-I will let you know.appeal has certain deadlines typically 15 days from judgment being served. Post trial motions didn't work for me but extended time to get up to appellate speed. So writ of mandate may be best option writ and appeal may be redundant.look into it quickly you have hard deadlines for appeal and for writ. Link to comment Share on other sites More sharing options...
Flyerfan Posted November 12, 2012 Report Share Posted November 12, 2012 Cooter, Did you file an opposition to the MSJ, any affidavits, or did you just show up and try to argue your points? Link to comment Share on other sites More sharing options...
VADebtor Posted November 12, 2012 Report Share Posted November 12, 2012 Are judges in AZ elected? Do they get campaign contributions from attorneys? That's the case in TX, and creates a galloping appearance of conflict of interest when a defendant appears pro-se. Link to comment Share on other sites More sharing options...
1stStep Posted November 12, 2012 Report Share Posted November 12, 2012 Judges in AZ actually elected and appointed.The OP needs to file an appeal - and do it Tuesday - the window to do so is very short. You will want to infer that despite the lack of clear title, the judge was prejudiced in favor of the Plaintiff. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 12, 2012 Report Share Posted November 12, 2012 FAQHere's some info, this is Division 1, I imagine Division 2 would be the same. Link to comment Share on other sites More sharing options...
Cooter Posted November 13, 2012 Author Report Share Posted November 13, 2012 I did just show up to argue my points, maybe I should have opposed the MSJ, I did call here-say on the affidavits, however they were allowed, this is not my first run, I help a buddy of mine in the next city over and we crushed midland, with lack of privity and the same rounds of discrepancies , however the judge was done at lack of privity. I probably, just missed something, or did not do the right things, there was a guy just before me which there wasn't even a bill of sale and he lost as well. by the way all by way of the phone. My accuser is not even present! how demoralizing is that! Link to comment Share on other sites More sharing options...
Cooter Posted November 13, 2012 Author Report Share Posted November 13, 2012 OK so what should the appeal look like, say, and a stay of judgement, so that I can take this situation back, I still have two other cases pending, but I am still have not begun the disclosure process yet on either.:: Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 13, 2012 Report Share Posted November 13, 2012 (edited) See the link I gave you, this is the state judicial site, you should be able to find what you need there. Edited November 13, 2012 by BrunoTheJDBkiller Link to comment Share on other sites More sharing options...
BTO429 Posted November 13, 2012 Report Share Posted November 13, 2012 Some judges are just that way... I have ran into a few myself. Link to comment Share on other sites More sharing options...
Recommended Posts