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Re: Well....


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Posted by Keyser Soze (152.163.189.170) on April 14, 2003 at 22:04:20:

In Reply to: Well.... posted by lawguy on April 14, 2003 at 11:45:56:

Right,

Erudition in case law is wonderful for its own sake. As WhyChat points out, sometimes the simple defenses work and the erudite is lost on the court particularly when pro se.
This writer is not a lawyer. A good lawyer with a heart put things rather well when discussing this subject. Given the tenor of the times, sometimes a local vote conscious judge can rule for the debtor and against some out of town debt collection jerk lawyer.
However, perhaps you have the luck of the draw. You wind up in front of a judge who compensates for lack of experience and education by taking a moralistic approach. Perhaps the judge sees that you are from a middle class part of town. Perhaps the judge sees you as rich, able to pay, all because you live in an alright neighborhood. Add to that the fact that you wore a coat and tie for court, to show appropriate respect. Not a three thousand dollar Brioni suit, just your old but clean coat and tie. Times have changed, rules are different, proper dress meant respect in times gone by. Today it might mean you are come rich guy putting one over on the court by not paying back the bank's money. After all, the bank in turn obtained this money from all the little depositors, boo hoo.
You know what this means. You are a reverse RObin Hood. Marked for death. Yes, judges do not wish to makeillegal rulings. On the other hand, they can find plenty of case law to prove their bogus point, too. The judge might just find that although beyond SOL, you do after all owe the money. You look rich by the way you dress. The judge cares not about your arguments. You owe the money and you can just try to appeal if you don't like it. Rule for the creditor, judgement and execution to follow.
This is what the greaseballs are trying to pull off in Florida. Sham 'mediators' provided as a 'free service' for we debtors work claw in hoof with creditor attorneys. Judges in increasingly disturbing instances lock their tentacles to said claws and work together with mediator and creditor attorney as a triumvirate prosecution kangaroo court. Case law? they make the law, you can take all that they dish out.
This is not to negate the value of case law, not at all. It's just a cautionary note from an attorney who works the courts every day and sees that at least in this state, laws are re-invented for benefit of the lowlives to the detriment of the people.

Caveat litigator,

Keyser 'Caveat' Soze

"Some say he was from Turkey, his father
was German....."

- The Usual Suspects, c1995


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