???

[anarchyintheuk]

It's only because Shakespeare feared them. [:D]

[Kwik E Mart]

let me say for the record that i would NEVER, EVER boo another nations national anthem before a sacred event like a stanley cup playoff game...firstly, it's bad taste and secondly it pisses off the opposing team so much they play like supermen...of course, if it was to the Old MacDonald tune, everyone in the building would be happily humming and singing along...

[pasternakski]

ORIGINAL: Ron Saueracker
Yes I was. For good a reason as any too. 2 years after successfully defending myself against a contractor's small claims court suit (10 grand) I get a summons in the mail last week to go to a hearing and discuss payment to the plaintiff! WTF!? The case was so strong in my favour the city architect even backed me, and to top this off, the guys did not show up so defaulted. Reason, the contractors attorney simply said he did not get the paperwork despite the fact it was hand delivered and has his signature from registered mail. Meanwhile, Over the last two years he claims he sent me notices for hearing (despite that I won) and illegally used (or said he did) basic surface mail. Now I have to go through the whole darn thing again. The system is sooooooo effed up. Almost went to the hoosgow for telling the judge he is gravely in error and the plaintiff's lawyer is lying through his teeth.

Beer helped for a day.[8|]

Have one on me, stud.

But sit down and talk to an attorney about this, man, I don't wanna see you get skrewed (well...). I only know what you have said here, but there is a danger that has to be addressed correctly.

It sounds like you obtained a default judgment. The law hates default judgments. Judges will bend over backward to get a case heard on its merits. Claims of insufficient service of process are frequently successful, no matter how bogus you know they are. Also, be on the lookout for any "proof" (and, if what you say about him is true, it likely will be easy to shoot full of holes) that he followed legal process in attempting to contact you (I'm not clear on what it was he was trying to contact you about - was he bringing another action?).

In any event, it sounds like you are being asked to attend what may amount to an arbitration hearing in lieu of litigation. Take everything related to the original lawsuit with you, particularly including the judgment that was entered, the service papers and any return of service you received, and all statements in your favor (if the city architect put his opinion in writing, be sure to bring that).

Good luck, Ron, you may need it. Again, consult legal counsel on this. Don't open fire except as a last resort.

And lawyers? There wouldn't be so many if society didn't insist that everyone walk around carrying one on his back all the time.

For those who think Shakespeare advocated killing all the lawyers - go find which character it was who said that, in what context, and think about what the import of the statement really was ... within that particular play ...

[DuckofTindalos]

Hmmm... It was Henry VI... And the line was spoken by Dick the Butcher... Been too long since I read it last...

[Ron Saueracker]

ORIGINAL: pasternakski

ORIGINAL: Ron Saueracker
Yes I was. For good a reason as any too. 2 years after successfully defending myself against a contractor's small claims court suit (10 grand) I get a summons in the mail last week to go to a hearing and discuss payment to the plaintiff! WTF!? The case was so strong in my favour the city architect even backed me, and to top this off, the guys did not show up so defaulted. Reason, the contractors attorney simply said he did not get the paperwork despite the fact it was hand delivered and has his signature from registered mail. Meanwhile, Over the last two years he claims he sent me notices for hearing (despite that I won) and illegally used (or said he did) basic surface mail. Now I have to go through the whole darn thing again. The system is sooooooo effed up. Almost went to the hoosgow for telling the judge he is gravely in error and the plaintiff's lawyer is lying through his teeth.

Beer helped for a day.[8|]

Have one on me, stud.

But sit down and talk to an attorney about this, man, I don't wanna see you get skrewed (well...). I only know what you have said here, but there is a danger that has to be addressed correctly.

It sounds like you obtained a default judgment. The law hates default judgments. Judges will bend over backward to get a case heard on its merits. Claims of insufficient service of process are frequently successful, no matter how bogus you know they are. Also, be on the lookout for any "proof" (and, if what you say about him is true, it likely will be easy to shoot full of holes) that he followed legal process in attempting to contact you (I'm not clear on what it was he was trying to contact you about - was he bringing another action?).

In any event, it sounds like you are being asked to attend what may amount to an arbitration hearing in lieu of litigation. Take everything related to the original lawsuit with you, particularly including the judgment that was entered, the service papers and any return of service you received, and all statements in your favor (if the city architect put his opinion in writing, be sure to bring that).

Good luck, Ron, you may need it. Again, consult legal counsel on this. Don't open fire except as a last resort.

And lawyers? There wouldn't be so many if society didn't insist that everyone walk around carrying one on his back all the time.

For those who think Shakespeare advocated killing all the lawyers - go find which character it was who said that, in what context, and think about what the import of the statement really was ... within that particular play ...

The default was the icing on the cake. The suit was defeated on the evidence presented. What the plaintiff's lawyer said he sent to me three times was the initial suit, clearly ignoring the appeal despite my having his signature of receipt. Only thing I can think of is there is a paperwork issue in the court. If the system hates default judgements, why then did I lose? The plaintiff's case is based on my having missed the court dates because I was never informed of them (had to appeal the original default judgement and won) and the plaintiff's lawyer sent the notices by insufficient means, perhaps to guarantee my not getting them. Whole thing is stinking of carp because my registered message was claimed as not received yet their obviously inappropriate means was accepted. I'll check this out next week and consult my lawyer again. Pain in the keester. Worst part was the judge...what an ass. I felt like I was ambushed.

I'll keep you posted on this latest installment of Ron's World.[:(][8|]

[anarchyintheuk]

ORIGINAL: pasternakski

ORIGINAL: Ron Saueracker
Yes I was. For good a reason as any too. 2 years after successfully defending myself against a contractor's small claims court suit (10 grand) I get a summons in the mail last week to go to a hearing and discuss payment to the plaintiff! WTF!? The case was so strong in my favour the city architect even backed me, and to top this off, the guys did not show up so defaulted. Reason, the contractors attorney simply said he did not get the paperwork despite the fact it was hand delivered and has his signature from registered mail. Meanwhile, Over the last two years he claims he sent me notices for hearing (despite that I won) and illegally used (or said he did) basic surface mail. Now I have to go through the whole darn thing again. The system is sooooooo effed up. Almost went to the hoosgow for telling the judge he is gravely in error and the plaintiff's lawyer is lying through his teeth.

Beer helped for a day.[8|]

Have one on me, stud.

But sit down and talk to an attorney about this, man, I don't wanna see you get skrewed (well...). I only know what you have said here, but there is a danger that has to be addressed correctly.

It sounds like you obtained a default judgment. The law hates default judgments. Judges will bend over backward to get a case heard on its merits. Claims of insufficient service of process are frequently successful, no matter how bogus you know they are. Also, be on the lookout for any "proof" (and, if what you say about him is true, it likely will be easy to shoot full of holes) that he followed legal process in attempting to contact you (I'm not clear on what it was he was trying to contact you about - was he bringing another action?).

In any event, it sounds like you are being asked to attend what may amount to an arbitration hearing in lieu of litigation. Take everything related to the original lawsuit with you, particularly including the judgment that was entered, the service papers and any return of service you received, and all statements in your favor (if the city architect put his opinion in writing, be sure to bring that).

Good luck, Ron, you may need it. Again, consult legal counsel on this. Don't open fire except as a last resort.

And lawyers? There wouldn't be so many if society didn't insist that everyone walk around carrying one on his back all the time.

For those who think Shakespeare advocated killing all the lawyers - go find which character it was who said that, in what context, and think about what the import of the statement really was ... within that particular play ...

Don't know Canadian law, but what you may have obtained earlier against your contractor nazi was just a dismissal which can be w/ or w/o predjudice. IOW, he may have the right to refile the case. Check whatever document the Court signed. It definitely looks like he obtained a default judgment against you, which is never good. Prior to obtaining it he would have to had shown that you were properly served and to prove the elements of his case. Service of an original petition is usually done by private or legal process server but the burden is on him to show that proper notice was obtained prior to entry of a default. It appears that he has done this. There may also be a limitations issue with appealing the default.

As pasternakski said, seek competant legal counsel.

[Ron Saueracker]

ORIGINAL: anarchyintheuk

ORIGINAL: pasternakski

ORIGINAL: Ron Saueracker
Yes I was. For good a reason as any too. 2 years after successfully defending myself against a contractor's small claims court suit (10 grand) I get a summons in the mail last week to go to a hearing and discuss payment to the plaintiff! WTF!? The case was so strong in my favour the city architect even backed me, and to top this off, the guys did not show up so defaulted. Reason, the contractors attorney simply said he did not get the paperwork despite the fact it was hand delivered and has his signature from registered mail. Meanwhile, Over the last two years he claims he sent me notices for hearing (despite that I won) and illegally used (or said he did) basic surface mail. Now I have to go through the whole darn thing again. The system is sooooooo effed up. Almost went to the hoosgow for telling the judge he is gravely in error and the plaintiff's lawyer is lying through his teeth.

Beer helped for a day.[8|]

Have one on me, stud.

But sit down and talk to an attorney about this, man, I don't wanna see you get skrewed (well...). I only know what you have said here, but there is a danger that has to be addressed correctly.

It sounds like you obtained a default judgment. The law hates default judgments. Judges will bend over backward to get a case heard on its merits. Claims of insufficient service of process are frequently successful, no matter how bogus you know they are. Also, be on the lookout for any "proof" (and, if what you say about him is true, it likely will be easy to shoot full of holes) that he followed legal process in attempting to contact you (I'm not clear on what it was he was trying to contact you about - was he bringing another action?).

In any event, it sounds like you are being asked to attend what may amount to an arbitration hearing in lieu of litigation. Take everything related to the original lawsuit with you, particularly including the judgment that was entered, the service papers and any return of service you received, and all statements in your favor (if the city architect put his opinion in writing, be sure to bring that).

Good luck, Ron, you may need it. Again, consult legal counsel on this. Don't open fire except as a last resort.

And lawyers? There wouldn't be so many if society didn't insist that everyone walk around carrying one on his back all the time.

For those who think Shakespeare advocated killing all the lawyers - go find which character it was who said that, in what context, and think about what the import of the statement really was ... within that particular play ...

Don't know Canadian law, but what you may have obtained earlier against your contractor nazi was just a dismissal which can be w/ or w/o predjudice. IOW, he may have the right to refile the case. Check whatever document the Court signed. It definitely looks like he obtained a default judgment against you, which is never good. Prior to obtaining it he would have to had shown that you were properly served and to prove the elements of his case. Service of an original petition is usually done by private or legal process server but the burden is on him to show that proper notice was obtained prior to entry of a default. It appears that he has done this. There may also be a limitations issue with appealing the default.

As pasternakski said, seek competant legal counsel.

I'll do it yet again. No choice it would seem Guess they insert so many little loop holes in the system that a layman can't help but miss some technicality. Hate the little buggers though. Let's keep law for lawyers by making it Latin based and burdenned with multiple levels of obfiscation.

[Titanwarrior89]

Does someone need a group Hug?[:D]

[pasternakski]

ORIGINAL: Ron Saueracker
I'll do it yet again. No choice it would seem Guess they insert so many little loop holes in the system that a layman can't help but miss some technicality. Hate the little buggers though. Let's keep law for lawyers by making it Latin based and burdenned with multiple levels of obfiscation.

Well, we're trying to be helpful, but without knowing the facts and procedural posture of the matter, we're only speculating. Anarchy is exactly right, if what you did obtain was merely a dismissal. Do keep us posted, Ron, lawyers (including solicitors and barristers) love to watch you writhe in litigation misery.

One small piece of advice (and, as it is free, you're obviously getting your money's worth). Before meeting with an attorney, write down everything that happened in chronological order. Don't leave anything out. Confine yourself to facts. Anger and opinions only get in the way at this point. Finally, like I said before, pull together every scrap of paper that had even the remotest bearing on this matter from start to finish.

Your attorney will be able to do a far better job on your behalf if you do this.

Good luck, Ron. If it goes badly, I'll hurry up and buy my Greek retirement property so that you can hide out in the basement.

[DuckofTindalos]

Sound advice...

[niceguy2005]

ORIGINAL: mdiehl

We pay a boatload of money for crappy representation in D.C. These guys are sooooo unimaginative. For the cost of that border fence ...

Build that border fence around DC and you'll get a lot more bang for the buck.[;)]

[JWE]

Let me see if I can get the emphasis and measures right. You know the tune Ron.

Oh!! .. Ca' .. na -da' .. ..
who. ne. ver . lost . a . war .. ..
we kick . your . ass . in . hahhh' .. keyyyyyyy!
and wipe . you . on . the . floor

I too am a Canadiens fan (my poor dissilusioned wife is a Redwing. Guess it comes from having a mom who had the audacity to live and give birth in Detroit).

Ciao.

JWE

[Ron Saueracker]

ORIGINAL: JWE

Let me see if I can get the emphasis and measures right. You know the tune Ron.

Oh!! .. Ca' .. na -da' .. ..
who. ne. ver . lost . a . war .. ..
we kick . your . ass . in . hahhh' .. keyyyyyyy!
and wipe . you . on . the . floor

I too am a Canadiens fan (my poor dissilusioned wife is a Redwing. Guess it comes from having a mom who had the audacity to live and give birth in Detroit).

Ciao.

JWE

It is most excellent to be a fan of hockey...fast sport. Up there with rugby, Aussie Rules, hurling, lacrosse. Action packed goodness.[:D]

[Ron Saueracker]

ORIGINAL: pasternakski

ORIGINAL: Ron Saueracker
I'll do it yet again. No choice it would seem Guess they insert so many little loop holes in the system that a layman can't help but miss some technicality. Hate the little buggers though. Let's keep law for lawyers by making it Latin based and burdenned with multiple levels of obfiscation.

Well, we're trying to be helpful, but without knowing the facts and procedural posture of the matter, we're only speculating. Anarchy is exactly right, if what you did obtain was merely a dismissal. Do keep us posted, Ron, lawyers (including solicitors and barristers) love to watch you writhe in litigation misery.

One small piece of advice (and, as it is free, you're obviously getting your money's worth). Before meeting with an attorney, write down everything that happened in chronological order. Don't leave anything out. Confine yourself to facts. Anger and opinions only get in the way at this point. Finally, like I said before, pull together every scrap of paper that had even the remotest bearing on this matter from start to finish.

Your attorney will be able to do a far better job on your behalf if you do this.

Good luck, Ron. If it goes badly, I'll hurry up and buy my Greek retirement property so that you can hide out in the basement.

Good luck, Ron. If it goes badly, I'll hurry up and buy my Greek retirement property so that you can hide out in the basement.


It's about 7000 CDN...won't kill me by any means, but that is not the point. I won the case, and the plaintiff's claim was for a fully completed wall and cost of material (I stopped him about a third of the way and personally paid for material) that was up to code (was an abortion and the city architect came in on my behest and wrote a letter describing the faults and recommended demo). On top of this, it was informal (no formal contract) and the city revealed the guy failed to get a permit. There is absolutely nothing favouring the plaintiff yet he wins 2 years after I was told in court I won and case was dismissed. Only think I can think of is that I missed some paperwork or there is a paperwork issue at the courthouse.

Quite frustrating to say the least. But I will track down every shred of info I have and check the court records...after all, the case was heard and all the pertinent info should be a matter of record.

Thanks for the advice. Now I just need some luck to swing my way for once.

[pasternakski]

ORIGINAL: Terminus

Hmmm... It was Henry VI... And the line was spoken by Dick the Butcher... Been too long since I read it last...

YEAH! Right on it, T (H VI, part 2)! Dick, of course, was a member of Jack Cade's "revolutionary gang." They start, as you remember, being "comic relief" fodder, but things take a different turn shortly after the "lawyers" remark, when the murdering starts. Jack would stand the cost of everyone's drink after the uprising - or so he laughingly promised...

Shakespeare knew how to manipulate his Elizabethan audiences' minds and attention. Get 'em laughing one moment, then shock 'em with gore the next. When you've got dandies posturing on the stage apron leering at the "ladies," you've got to do better than network television ever did to keep people watching.

I always try to set matters right when I see quotes from Shakespeare's characters being used as though they express his personal philosophy. People need to remember that nothing remains of Shakespeare's exposition (if there ever were any), and one can hardly take the non-dramatic poetry (including the sonnets) as being a vehicle for ideological self-expression, notwithstanding "...what a piece of work is man..." and the like.

I particularly enjoy it when quotes are lifted from Polonius, the bombastic old fart from "Hamlet," and used as though they were profound. "To thine own self be true" is a specially diverting example.

Terminus, I have grievously wronged you. Anyone who has waded through the turbidly turgid written waters of the six Henry plays (IV in two parts, V, and VI in three parts) is a man to be reckoned with (Henry VIII, of course, "...is only in [t]he merciful construction of good women...").

You are no Audrey: "...to cast away honesty upon a foul slut were to put good meat into an unclean dish."

[pasternakski]

ORIGINAL: Ron Saueracker
I won the case, and the plaintiff's claim was for a fully completed wall and cost of material (I stopped him about a third of the way and personally paid for material) that was up to code (was an abortion and the city architect came in on my behest and wrote a letter describing the faults and recommended demo). On top of this, it was informal (no formal contract) and the city revealed the guy failed to get a permit. There is absolutely nothing favouring the plaintiff yet he wins 2 years after I was told in court I won and case was dismissed. Only think I can think of is that I missed some paperwork or there is a paperwork issue at the courthouse.

Quite frustrating to say the least. But I will track down every shred of info I have and check the court records...after all, the case was heard and all the pertinent info should be a matter of record.

Thanks for the advice. Now I just need some luck to swing my way for once.

But, Ron, there are problems evident in what you say. You say you "won," but what did you "win?" If the court entered a judgment in your favor (or, as it is called in some jurisdictions, a "take nothing" judgment), that's one thing. If all you got was a dismissal, it's an entirely different ballgame.

The fact that there was no written contract is troublesome, too. What were the terms? A good attorney can manipulate situations like this into shapes you would never believe. "Your Honor, Mr. Saueracker unilaterally repudiated the oral contract by wrongful termination, thereby making it impossible for my client to perform. His subsequent actions in avoiding reasonable attempts by my client to contact him in order to arrive at an equitable settlement of the matter are evidence of his bad faith. My client is justified in expecting full payment under the terms of the contract, which were ... (blablablablablamorelawyerspeakblablablaadinfinitum).

What does the contractor have by way of a judgment? Did he pursue and obtain a judgment against you subsequent to the action you say you "won?" Did you default? What proof does he have that service of his action against you was obtained pursuant to the applicable court rules?

It's a mess, pal. Gitcherself a nasty old lawyer with bad teeth, halitosis, body odor, and dirty clothes (especially effective are white socks that have been worn at least 100 times without being washed). Take 'em out into the bushes and show 'em how it's done. "Luck" has nothing to do with it. "Sleaze" will win the day.

Give 'em hell, Ron!

[Ron Saueracker]

[:D]

[Mike Scholl]

It's about 7000 CDN...won't kill me by any means, but that is not the point. I won the case, and the plaintiff's claim was for a fully completed wall and cost of material (I stopped him about a third of the way and personally paid for material) that was up to code (was an abortion and the city architect came in on my behest and wrote a letter describing the faults and recommended demo). On top of this, it was informal (no formal contract) and the city revealed the guy failed to get a permit. There is absolutely nothing favouring the plaintiff yet he wins 2 years after I was told in court I won and case was dismissed. Only think I can think of is that I missed some paperwork or there is a paperwork issue at the courthouse.

Quite frustrating to say the least. But I will track down every shred of info I have and check the court records...after all, the case was heard and all the pertinent info should be a matter of record.

Really sorry to hear this Ron. It means that Canadian Law is apparently very similar to US Law. Truth? Justice? Fair Play? Dream on! It's all about Bull Sh-t and Lawyers stuffing their pockets. Sorry..., but no matter how noble the intentions of the Laws creators were, the end products keep coming out crap.

[Ron Saueracker]

Definitely going to be an interesting week.

[dtravel]

ORIGINAL: Ron Saueracker

Definitely going to be an interesting week.

So sorry about that.