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Can a judgment of less than four years be re-boat for a judge substituted at last minute and ill informed


bohey
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 I was served by C a CH and a lawsuit was initiated. I answered and proceeded to counter using prescribed court format:  I did  have some law school so I made sure everything was right and the judge even commended me on my research . At trial, At the end of my argument,  the JDB attorney brought to the judges attention that I made a technical error at the end Of my case. When notice of undelivered service at the alleged Creditor location,  I filed my final paperwork and since the attempt was at the end of December of one year.,  I mis wrote the attemt was In the current Year. The trial was in January but I filed my final paperwork right before trial.

I accidentally wrote the current year in when i filed. my final paperwork that the JDB did not show.  (It was then a new year when the court case was heard in  January.) )  I mistakenly wrote  to file my proof I mistakenly wrote service was attempted in the current year I(even though my actual proof of attempted service was the prior year. I had been deathly ill, lost 25 pounds  and  had attempted to get mybcourt case rescheduled due to illness  and I was not allowed to . I was shocked at my error when the other attorney brought it up to the judge. I did not handle the information well . up to that point I had argue d my case beautifully (although it was obvious the judge had no knowledge the procedure for collection)

what can I do?  I now live on Social Securiry Disability due to the illness I had/have.  I did not take action sooner because I was so exhausted and disappointed that my effort was discarded . The judge did take it under advisement.

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1 hour ago, bohey said:

what can I do?  I now live on Social Securiry Disability due to the illness I had/have.

Not even worry about it because you are collection proof.  They cannot levy your bank account or garnish your SSDI because it is protected. 

You had no way of knowing but the thing to do is argue that a clerical error is able to be amended and should not prejudice the case.  The JDB certainly would have been allowed to amend any error they made.

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  • 2 weeks later...

Since I last wrote, a stinkin' Chatsworth based "attorney" placed a writ to levy my bank account for $19000 (this was on a $8500 alleged debt). The writ was drawn in August of this year and was served by mail to my (former/but legal) residence in CA arriving a day before Thanksgiving. I  was in town for the holiday but am otherwise cared for by a relative in another state due to a debilitating illness I contracted a year before the initial lawsuit. Shortly before the initial trial,  I was formally deemed total and permanently disabled.  Since I was not working at the time of the initial filing, I  had no money and could find no attorney to take my case (for less than the customary $300 an hour) and since I did attend a couple of years of law school five years before, I decided to answer and file pro per due to a multitude of inaccuracies, SOL , etc.  in the case the alleged creditor prepared. I was not mentally or physically well but felt I had no other choice. I prepared my case to a procedural  T , filed all requisite legal paperwork and 10 days prior to trial, asked for a continuance due to my physical and mental detioration.. The  regular presiding judge denied my motion (even with documented Physician and state paperwork.) Since the judge denied my request and trial was in less than a week, I called mid-week prior to the trial to see If  the presiding judge of the collection division would be the judge of the court. I thought if he saw my obvious state he might reconsider. I was mistaken. The day of trial, I filed my final motions and paperwork in court. I had already mailed my proof of non-service documents to the court (with my statements, brief and citings). Since the JDB company designee was not present for service at the location designated (on any of the dates required by law for  service ) , I felt fairly confident with my case and was pleased it would be over.  Without a continuance,  I appeared at trial  and was told by the JDB opposing  counsel's representative, a "dial-an-attorney" , that the judge heard all the default cases first then my case would be heard after those. (I subsequently sat several hours in a small side room with a table . ) The plaintiffs' attorney would pop in and out periodically saying "they were almost done and (my) case was next". I was sick, my strengthen was taxed, and I was exhausted. The " almost done" comment was made repeatedly during the twenty or thirty cases being heard.  Toward the end of the wait, while otherwise unoccupied for hours,  I did a final review of  my case and filings earlier that morning. Since my proof of nonservice was finalized on 12/31 of the prior year, I found I accidently wrote on the clerks filing the current year (of the trial) as the date of nonservice .  All the accompanying notice of service and nonservice documents supported the prior year and the clerk's date stamp, of the just filed documents, was for the current year.  OMG,  I was devastated. a technicality.  I must have been agonizing over this when opposing counsel came in to advise me my case was up. She noticed the change in my demeanor and glanced at what I was looking at . She said she had not ever seen that occur before,  but "it shouldn't be a problem" (so, so wrong). Since the the last default case was decided (this was right after I discovered the error) I  was told a substituting judge would be hearing my case. It  Didnt even phase me. I had been sitting there 6 hours. I was slid a "substitution of judge/Atty" slip (which I did not even remember signing during the trial or thereafter.)  I was exhausted, physically and mentally drained. Sick, I just wanted it to be done and over. Oh not so fast; This was merely part 1 of a continuing nightmare.  The presiding judge was at least a decade retired, looked old and his choice of livelihood the last ten to fifteen years had been farming in a rural area. (Now that I think about it,  his residence may have been out of the county). He was not current on the law and procedure and I doubt he knew little of collection law. He did not know several collection law cases, citings and procedural requirements. Then as we started started with the case he began unrelated chitchat with the opposing counsel (they had already been working together more than half a day).  As we proceeded with the facts , The judge made a disturbing comment to opposing counsel when a debate arose about the distance requirement for personal service (I had goggled and prepared various routes which proved it met the guidelines.) He asked for proof. I gave him a map . He said he couldn't believe the distance and asked how I  determined it. I asked if I could approach and somehow showed him it was from the courthouse to the POS. He again said he couldn't believe it and  "as the crow flies,  it would  be less." I said that could be possible but I would have to go over mountains,  and  through  a reservoir, another set of mountains and noting with due respect,  I wasn't a crow. He then said, that I could "fly" commercial,  to which I replied the cost of a flight and  the time taken , would certainly offset any distance saved, and would diminish mitigating the costs of the case. I argued that airlines don't necessarily fly direct point-to-point and any  mileage offset would be impractical and costly. I tuned out at that point when he continued to chat with the opposing counsel about trajectory, vectors and principles of physics and geometry. Once he got back into the case he (finally) complimented me on my thoroughness, procedural accuracy and noted it appeared that I had some formal professional training. I thought I was winning at this point.  Then Opposing counsel brought up the little technical error I discovered I made that morning on the final filings. she said she had never encountered it and asked the judges help in determining whether it was important. At that point he had been focusing on accuracy and meat of my case (he may not even have read it; I have no idea.) He said that would affect the dates of delivery of service because the plaintiffs person could be awaiting the assigned time and place and no wonder there was no one there to sign it if it was in the future. I offered to initial, line out , redline or resubmit the form to which he was not agreeable saying that and would be ...( Something like) Defacing or  Tampering" with court records. " By now, opposing counsel looked like the cat that swallowed the canary. I argued it was a costly and careless mistake on my part but it was not intended to malicious or misleading. I had no intent to misrepresent. He asked me if I had anything else to say and I was so flabbergasted I couldn't remember the train of thought prior to this event. I said I didn't but  asked that the court deny and forgive their  demand for $8500 and costs. He said it was her turn to talk since it wasn't time for final pleadings. I was visibly ill and shaking and stated as such. The judge agreed. He then asked the plaintiff for her recitation of pleadings and pleas.  asked me if I had anything else. I blathered about dismissal of the 8500 and costs and asked that he favorably rule in my favor and deny their pleadings. I stated he even agreed  I presented a strong and professional case and I hoped he would objectively consider and rule in my favor. He announced that he would take it under advisement and a ruling would be forthcoming in ten days or thereabout. As a final admonishment, he remarked "this is why individuals hire legal counsel and to keep that advice in mind in the future." I don't really remember what happened after that but I had lost my composure some time before when the opposing counsel sought the judges opinion regarding the date mistake. I know when I went to my car I sat and totally came unglued. I refused to talk about it to anyone and  did my best to put it out of my mind until , at the time of this levy, the account of the judgment of $8500 has had an additional $10000 of interest, costs and  fees thereby doubling the amount of the judgment,  am I revisiting this. *NOTE: the amount recovered on the writ after my social security check and deductions for my living expenses was $0.30 left in my banking account (which  the bank accepted and levied the remaining $0.30 in my account.

It's also ironic that the original lawsuit was served the day before Thanksgiving 4 years ago.  I will file an exemptionof levy  with the court against my SSI but do any of you legal eagles (some of you may even remember me) have any ideas as how to poceed or get rid of the judgment, the costs, interest, etc. I am finally, and again, really angry and upset about this! Bohey

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1 hour ago, bohey said:

*NOTE: the amount recovered on the writ after my social security check and deductions for my living expenses was $0.30 left in my banking account (which  the bank accepted and levied the remaining $0.30 in my account.

If the only money in your bank account was from SSI they should not have levied ANYTHING as that is exempt from levy for judgments.

Notify your bank that the ONLY money in your account is from exempt funds so that they cannot do this again.

1 hour ago, bohey said:

 I will file an exemptionof levy  with the court against my SSI but do any of you legal eagles (some of you may even remember me) have any ideas as how to poceed or get rid of the judgment, the costs, interest, etc. I am finally, and again, really angry and upset about this!

File for bankruptcy.  It will wipe the whole thing out.  Short of that the only other option is paying it.  If your only income is SSI though they cannot touch it.

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Isn't there anything I can do?

I know it is post judgment,  but I was deathly ill and permanently impaired  when I argued this.   Is it always a slam dunk for a JDB  when a Defendant makes a teeny, tiny error on the day of trial at the final filing of paper? Everything else was correct.  My mistake was entering the last date of nonservice (attempted by the process server on 12-31- 12 was mistakenly entered as 12-31 -13 , the current year, same as the trial. All my accompanying paper Re: nonservice filed by the servicer , forms etc were dated the correct year.  

P.S. The Court judge was a substitute, was old, retired for 10-15 yrs,  uninformed and  thoroughly ignorant  of collection law, forms and pleadings, procedure and Case law. I think he was belittling me with his obtuse irrelevant comments.

i don't want to file BK but can not handle one more receipt of  filing of interest, levies, costs.

Anyone else have suggestions?

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20 minutes ago, bohey said:

P.S. The Court judge was a substitute, was old, retired for 10-15 yrs,  uninformed and  thoroughly ignorant  of collection law, forms and pleadings, procedure and Case law. I think he was belittling me with his obtuse irrelevant comments.

The time to deal with that was at trial.   It is WAY too late now.

20 minutes ago, bohey said:

I know it is post judgment,  but I was deathly ill and permanently impaired  when I argued this.   Is it always a slam dunk for a JDB  when a Defendant makes a teeny, tiny error on the day of trial at the final filing of paper?

Not always a slam dunk but if you can effectively counter argue they don't prevail.  Unfortunately your being ill and impaired means you should have hired a lawyer which I believe you stated in your first post the Judge commented on as well.  Is it at all possible that your perception of how this went is altered due to your disabilities and you just didn't effectively defend this?

22 minutes ago, bohey said:

Isn't there anything I can do?

Like what?  You only have 30 days to appeal and that has long since lapsed.  You have no legal grounds to get the judgment vacated.  Absent appeal or legal grounds for vacating then the only other option is bankruptcy.

 

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