Thursday, June 28, 2007

Time to park the car in the garage

Well the collection agency from the first lawsuit contacted me again. He won a default judgment because "on advice of my counsel" he had a "license to fuck me" (I need to get me one of those) and I should not worry about it. I, of course, questioned the wisdom of this advice. I could not get my stubborn lawyer to do anything about it. Eventually this debt became part of the settlement and was assigned to my wife along with (more than) ample funds to pay it.

However, as I have mentioned a few times, because it bears repeating, the collection agency was never notified of the court order and as such can and will plead ignorance. How do I know, I have them recorded. Should I post the .wav file?

Today's lesson, a court order without notification is like the order doesn't exist. Notification is a formal legal process, telling them is insufficient. (jqism)

So this latest action will be to take further action against me, even though they know this has been decided by a higher court. They won their judgement in Municipal Court, even though there was a pending action in County Court which would defeat the City's Court jurisdiction.

They simply "neglected to inform" the court. This would be grounds for disbarment, but then that doesn't happen often. Of course my lawyer had the option and fiduciary responsibility to advocate and protect his client's interest and as such was duty bound to inform the lower court of their lack of jurisdiction. He neglected his duty, another grounds for disbarment, but then...are you getting the picture yet?

So what action might he take, well it is for a modest sum, he told me he'd reprocess my car. Well actually it wouldn't be repossessing, because the law suit wasn't over the car, I own it, it would be seizure of property to satisfy a debt.

A debt that was ordered by a higher court assigned to my wife. I have a long 2 lane driveway with a turn around, so I usually park the car in the driveway for convenience during good weather. But it looks like I'll have to clear the garage and park there to prevent a "seizure of property" and I'll have to make some more signs for my garage door, listing the final decree and all debts that were reassigned. I'll need to go down to the Police Station and let them know I have an enforceable court order that is being ignored by a overly (against the consumer credit act) aggressive collections agency.

Doesn't my post decree life sound like fun? What the fuck is wrong with ME that I'm having difficulty moving on. Could it be the daily assaults and lingering shit piles?

Another lesson: The final decree is a piece of paper that must be implemented properly. Poor implementation leaves the decree better suited to ass wipe. Expensive ass wipe to be sure, but ass wipe none the less. (jqism)

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