Twisted Titan
19th April 2019, 10:39 PM
The story so far:
Plaintiff was looking for a answer from me in 20 days ( as per the rules of this state) I am trying to avoid an answer so I file a motion to dismiss with prejudice for lack of authenticated documents (everything was a copy of a copy). Judge dismisses my motion stating that what i brought up is matters for trial. So the plaintiff treated this as if i never answered and files a motion for default, so I start out behind the 8 ball.........
I wasn't expecting to play two trump cards i had so early but i was in a bad position: I stated to court that I have a medical condition and also I am not in the state because i am seeking medical care and also I was never personally severed with the complaint. So I file a motion to quash the complaint because the service was incorrect.
so now I am starting to sink my teeth into the meat of this battle and the first order of business is : i have to play for time until i get a forensic investigation done of my house so i know what points i can actually argue in court rather than swing in the dark like 99.99% of Pro SE litigants.
I scheduled a teleconference with opposing council to hash out a few things ...
and that is where the magic happens............
I see why lawyers are the butt end of jokes, because it is richly deserved.
This lawyer would not shut up and ran his mouth a mile a minute and he tried to sound cool and sophisticated because he was talking to a lowly pro se litigant.
I'm on the phone with this guy for upwards of a hour writing down EVERYTHING he is saying on a legal note pad ( im astounded how fast i can write when i need to)
the pearls this guy dropped where too numerous to name but I will mention several:
***he doesn't personally handle to scheduling of motion his legal assistant in a different department dose that.
***Big law firms like his have multiple departments handling a single case so it is easy for things to get lost ( good to know fly boy , VERY good to know)
*** just got the job last month
*** all formal pleading MUST be heard regardless if is out of sequence ( effective blocking strategy when properly implemented)
*** He has a wide latitude as to when a motion is set for hearing, most jurisdictions its about 25 days but he can kick it out as far 3-4 months and the courts will still consider the matter timely ( I almost shit myself on that one)
so during our discussions he is convinced to withdraw his motion for default and allow my motion to quash to be heard( as it was a formal pleading) and plus the protocol for court appearance by telephone where not in place yet , so there were enough legitimate concerns to give them room to back down and not look like they were conceding. I don't care what it looks like it gives me the one thing I need : TIME.
And now that fly boy ran his mouth when it comes time to set my motion, im going to kick that puppy out to the middle of July and if they balk ( which they will, I already know what type of lawful argument I will make and it will hold water )
That will give me time to prepare and work out the kinks of several legal strategies, theories im working on.
when I stand back and look at the entirety of the ordeal, I am utterly amazed what i just pulled off.
A law firm effectively backed down and put me in the drivers seat till the next hearing and it just might go extremely favorable because again i have several valid arguments to make.
You know day by day I find out that the bible is true.
If you look in the old testament the greatest king that Israel ever had was king David and if you look through all the battles he won and all the situations he got out of there is one sentence that you read over and over and over and over..
And God was with David.....
That is why he overcame impossible odds .
And The Same God that was with David is with me now.
That is why I know Im going to win.
Plaintiff was looking for a answer from me in 20 days ( as per the rules of this state) I am trying to avoid an answer so I file a motion to dismiss with prejudice for lack of authenticated documents (everything was a copy of a copy). Judge dismisses my motion stating that what i brought up is matters for trial. So the plaintiff treated this as if i never answered and files a motion for default, so I start out behind the 8 ball.........
I wasn't expecting to play two trump cards i had so early but i was in a bad position: I stated to court that I have a medical condition and also I am not in the state because i am seeking medical care and also I was never personally severed with the complaint. So I file a motion to quash the complaint because the service was incorrect.
so now I am starting to sink my teeth into the meat of this battle and the first order of business is : i have to play for time until i get a forensic investigation done of my house so i know what points i can actually argue in court rather than swing in the dark like 99.99% of Pro SE litigants.
I scheduled a teleconference with opposing council to hash out a few things ...
and that is where the magic happens............
I see why lawyers are the butt end of jokes, because it is richly deserved.
This lawyer would not shut up and ran his mouth a mile a minute and he tried to sound cool and sophisticated because he was talking to a lowly pro se litigant.
I'm on the phone with this guy for upwards of a hour writing down EVERYTHING he is saying on a legal note pad ( im astounded how fast i can write when i need to)
the pearls this guy dropped where too numerous to name but I will mention several:
***he doesn't personally handle to scheduling of motion his legal assistant in a different department dose that.
***Big law firms like his have multiple departments handling a single case so it is easy for things to get lost ( good to know fly boy , VERY good to know)
*** just got the job last month
*** all formal pleading MUST be heard regardless if is out of sequence ( effective blocking strategy when properly implemented)
*** He has a wide latitude as to when a motion is set for hearing, most jurisdictions its about 25 days but he can kick it out as far 3-4 months and the courts will still consider the matter timely ( I almost shit myself on that one)
so during our discussions he is convinced to withdraw his motion for default and allow my motion to quash to be heard( as it was a formal pleading) and plus the protocol for court appearance by telephone where not in place yet , so there were enough legitimate concerns to give them room to back down and not look like they were conceding. I don't care what it looks like it gives me the one thing I need : TIME.
And now that fly boy ran his mouth when it comes time to set my motion, im going to kick that puppy out to the middle of July and if they balk ( which they will, I already know what type of lawful argument I will make and it will hold water )
That will give me time to prepare and work out the kinks of several legal strategies, theories im working on.
when I stand back and look at the entirety of the ordeal, I am utterly amazed what i just pulled off.
A law firm effectively backed down and put me in the drivers seat till the next hearing and it just might go extremely favorable because again i have several valid arguments to make.
You know day by day I find out that the bible is true.
If you look in the old testament the greatest king that Israel ever had was king David and if you look through all the battles he won and all the situations he got out of there is one sentence that you read over and over and over and over..
And God was with David.....
That is why he overcame impossible odds .
And The Same God that was with David is with me now.
That is why I know Im going to win.