JR42

Being sued by Razor Capital in California

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Sadly, I live in an area where a bias judge has the power to seemingly do what he wants and I was trounced in court today.  The judge denied my MIL without even reading it.  He told me that the MIL needed to be filed with the court before hand.  When I told him that I tried to file with the clerks the day before, he just gave me a disapproving look and said motion denied.  He didn't even read it.  Then I tried to get my Due Diligence on record and the judge had the balls to ask me if the process servers where in court to be called as witnesses and I said no.  Then the lawyer said she objected and claimed heresay and just like that I had nothing.  I objected to not being able to cross examine the witness, judge over-ruled it.  He had a problem with me from the get go because of the MIL.  He then ruled in their favor plus court costs.  I couldn't believe that just happened.  I spoke with the clerks who told me to file the MIL in court and they did tell me that is indeed what they tell people.  So I asked why my MIL was not admitted and it took them an hour to speak with the judge.  They came back and told me the judge says it was not admitted because it was filed too late and that it was supposed to be filed 30 days prior to trial which was news to me.  How can I file an MIL when I have to wait until 20 before the trial just to send out the subpoena.  The Due Diligence reports were not even returned to me until last week and this passed Monday.  So how in the world could I file an MIL 30 days out?  I will tell a this. If I had a lawyer, I probably would have won.  The judge just made me look stupid in there.  I obviously was not up for this sort of thing.

 

So now I'm gonna have to go BK because I have no money or  job.  And I have to tell ya, I never thought my life could get any lower than it is right now

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Very sorry to hear that. I know it's rough. At least we don't have debtors prison anymore. You are at a low point which gives you plenty of room for things to improve.

 

They still have to collect. They have gone full circle, and will have to get back to trying to collect. You are probably protected as "insolvent" and collection proof due to your income. There are a lot of laws that can protect you, and they have to bring you into a debtors exam, so you have options. Or BK as you said, but if you don't have assets it may not be necessary.

 

Things always seem worse than they uctually are, and you will get through it.

 

You can motion to reconsider, or appeal, but I doubt you want to deal with it anymore. If you do however, you have a short window of opportunity for this. Don't beat yourself up over it.

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This makes me feel bad, too. Sorry it worked out this way. Even if your MIL is denied, you can still make the same objections/arguments in trial, but looks as though the judge was predisposed to ignoring the code/favoring the JDB. If you did object and have that on record, you could pursue this as Anon writes above, depends on you.

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If you can get a fee waiver, you might appeal since the judge didn't even read your mil. If you are going to bk, it might be worth it just to hold this judge accountable for the law, rules of the court. You would lose nothing but time, and you would still have your BK bomb if needed.

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Aaahh....that was not even a fair trial. You were simply steamrolled by a pro-Plaintiff judge actively exercising his bias against Defendants. Not your fault at all. Had you been assigned the Riverside judge who presided at Homeless in CA's trial, things obviously would have gone very differently. 

 

Unfortunately, here in California there are collection case judges who apparently always rule in Plaintiff's favor so long as Plaintiff's attorney comes prepared to argue at trial. 

 

Based on yours and other posters accounts, the Judges' reasoning seems to be this: Any evidence Plaintiff submits is good enough to prove their case, so it does not matter that it is all based on hearsay and that the Defendant's efforts to subpoena the Declarant were thwarted by the Plaintiff.

 

In such Courts, a copy of a single alleged credit card statement bearing Defendant's name, produced by the Plaintiff, is enough evidence to win. The Judge is no longer interested in listening to you. It's case over. See you later. Bye.

 

Obviously, this is not the way things should be. And it is a horrible situation to find yourself in when you have come to the courthouse fully expecting a fair trial.

 

Even if you had been able to pay an experienced lawyer to argue you side before that particular judge, the result would have been the same.

 

You did great to stand up and defend yourself on your own. Be proud of yourself.

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The only thing that could have helped here would have been a court reporter in the room and a perceived desire and ability to appeal the judges ruling.

 

With your MIL however, you did preserve enough of an appellate record (in my opinion) to appeal the case, or motion for reconsideration or new trial (depending on what your local rules require). Assuming your MIL was filed or made it on record.

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I have decided to appeal this decision, but am looking for representation.  Anybody know of anyone in the Riverside County area that would worth contacting?  And should I be looking for an Appellate attorney or someone who specializes in civil litigation in general?

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Finding an attorney to represent me in this appeal is proving to be fairly difficult, therefore I need to at least file the paperwork with the court to start my appeal.  I plan on filling out paper work today.  Has anybody out there gone through the appeals process?  I have to give a reason for my appeal.  Obviously I felt I was not given a fair trial, but how do I claim this?  Do I explain that I was not given the opportunity to face my accuser?  How do I explain that my MTL was denied improperly and was not even considered?

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Here you go JR42 - easy619 is also in CA & had their trial in December and was steamrolled by the judge, who pretty much ignored the CCP and ruled in favor of Midland. easy619 has been keeping a detailed account of their appeals process, and I'm sure would be helpful if you sent out a PM.

 

http://www.creditinfocenter.com/community/topic/322848-my-california-appeal/?hl=easy619#entry1282204

 

Like the trial process, there are local rules that may differ, I'd advise checking some of the details in easy619's thread against your local rules.

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I'm trying to figure out my deadlines here.  Can someone tell me if this is correct?  The judges decision was made in court on April 2nd.  However, this does not necessarily start the clock to begin my appeal or even a motion to reconsider. From what I gather that clock does not begin until I receive the "notice of judgement."  Therefore, once I receive this court order I then have 30 days to file the motion or appeal.  Is this correct?  Here I was thinking I was almost out of time.

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I cant believe they said that to you in riverside, they refused my MIL until day of trial and I tried to turn in before. Please appeal don't let this go by , proof of service to plaintiff of MIL will help a lot . I have had similar experiences in riverside county, but don't give up .

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Plaintiff received my motion in limine on 3/9/13 trial was 3/21. I believe its 10 or 7 days before trial. Court trial rules attached. I find it horrible that you could not do during trial, I recall a case someone posted about a man who did the same but went to appeal and a higher court found it incorrect for the judge at trial to not allow him to defend his case orally. Even without motion in limine being accepted you should have been allowed to proceed during trial to prove your case. 

 

So sad to find the rules for motions.WoW, did they change a lot it is 20 days now. I was shocked .

 

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1548

riverside.courts.ca.gov_civil_pretrialrules.pdf

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Plaintiff received my motion in limine on 3/9/13 trial was 3/21. I believe its 10 or 7 days before trial. Court trial rules attached. I find it horrible that you could not do during trial, I recall a case someone posted about a man who did the same but went to appeal and a higher court found it incorrect for the judge at trial to not allow him to defend his case orally. Even without motion in limine being accepted you should have been allowed to proceed during trial to prove your case. 

 

So sad to find the rules for motions.WoW, did they change a lot it is 20 days now. I was shocked .

 

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1548

 

Thanks for this.  It will help.

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