Frivolous Lawsuit - Business Self Representation?

[Tania123]

I agree, there is no evidence of any fax sent, so this will probably go away. Since he has no evidence, I was surprised that he even showed up for the Case Management conference. I wanted to show up, because I did not want a default judgement.

So then, my attorney showed up so that would not happen.

Other than that, nothing has happened. Because the attorney on the other side showed up, now my attorney is wanting $15K. My attorney suspects, that since I showed up, that may have represented the fact that I have money.

But made some phone calls, and I was able to get a referral to Ohio, so now I have an attorney to just sit there, just to satisfy the requirement that I am an LLC and have to have an attorney present.

I was just panicking, because I was surprised that this attorney with no evidence actually showed up. My current attornies keep saying how he has nothing, how he does this to a bunch of people, etc.. and says when the process gets moving, he will go away.

I know that to be true, becasue I did not do anything, so I am moving things forward. The judge will have to dismiss the case, becasue there is no evidence. I am going to go after this guy for sanctions, and attornies fees.

Nope, no junk fax was sent, and I will prove that court. So sad that this guy has nothing better to do. But I do understand it.

I had to dig dig dig dig, as the usual answer for this kind of summons is to come up with $15K or whatever.. I can imagine why most businesses go the default route, but since I did not do anything, I refuse to be punished, even if he never gets anything. If he gets a default judgement, he can conceivably get a foreign judgement, and then sell the lien to some asset recovery person. My attorney said that was doubtful, but again, I know that I did not do anything.

thanks again all for all your help.

 

[tranquility]

Nope, no junk fax was sent

Do you mean that NO fax was sent, or that the fax(es) sent do not fall under the statute? (Prior business relationship on the topic and an opt out.)

 

[Tania123]

I mean, no faxes were sent ever.. regardless of statute or whatever..

I can see how this guy wins so many defaults. all you have to do is send out this summons, and then to get an attorney it costs so much. So even if you wanted to sue him for fraud, (which is what he is doing), you would have to find an attorney anyway, which is time and cost, etc..


I am so fighting this. I will figure it out. This guy should be disbarred, and he already has a ton of complaints. I guess I have dig up all his victims and fill out a petition.

well, thanks again everyone.

 

[tranquility]

If they don't come up with a fax, I think you will get the sanctions to pay for your attorney.

 

[Tania123]

thats what I am thinking too. my attorney told me that the judge absolutely hates this guy and how he clogs up the legal system. The biggest hurdle is finding an attorney of course.

BTW, I am back to square one with that, because the referral I got, they informed me they could not help LLCs. But I am going to keep looking.

Now I understand how this guy wins. I am thinking if I get to go to court, and he has nothing, the judge would be HAPPY to impose sanctions.

 

[Tania123]

Update...

I found out that my attorney is not doing their job. The top guy is pretty good, but unreachable, and I understand.. He is the one that knows what to do, but he is not consulted until all the other junior attornies spend a tremendous amount of time chasing their own tails.

such was the case with me. So finally, the junior attorney, admitted to being too busy to follow through with the case, (which was clearly evident by the way) and we scheduled an appointment to discuss when they could withdraw.

something happened, and I think the big wig attorney did not like juniors request of me to go elsewhere.

But anyway, that is what I am doing. the good news, I found out I can post pone court proceedings, etc.. until I can find an attorney.

 

[Rexlan]

Update...

I found out that my attorney is not doing their job. The top guy is pretty good, but unreachable, and I understand.. He is the one that knows what to do, but he is not consulted until all the other junior attornies spend a tremendous amount of time chasing their own tails.

such was the case with me. So finally, the junior attorney, admitted to being too busy to follow through with the case, (which was clearly evident by the way) and we scheduled an appointment to discuss when they could withdraw.

something happened, and I think the big wig attorney did not like juniors request of me to go elsewhere.

But anyway, that is what I am doing. the good news, I found out I can post pone court proceedings, etc.. until I can find an attorney.

I'll stick to my Wacko theory ... LOL

And, don't post no pone in da court!

 

[Tania123]

"I'll stick to my Wacko theory ... LOL

And, don't post no pone in da court! "


Rex, again,, your comments make no sense..

But anyway, head guy is awesome, and chewed this guy up.

I guess my anxiety was coming from dealing with the junior nit wit attorney who did not know anything.. I am so glad he stepped in, and basically contradicted everything she did and said. I have no idea how this going to play out on my bill however.

it appears the only remedy for me being harrassed by this guy is getting my attorney's fees back, and hoping the judge imposes some sanctions.

 

[Rexlan]

"I'll stick to my Wacko theory ... LOL

And, don't post no pone in da court! "


Rex, again,, your comments make no sense..

But anyway, head guy is awesome, and chewed this guy up.

I guess my anxiety was coming from dealing with the junior nit wit attorney who did not know anything.

There you have it again ... and keep in mind that, unlike yourself, this junior nit wit attorney spent considerable time and effort earning the credentials and passing the bar. Perhaps not the superhero you need or demand at the moment; however, he/she is still qualified to handle this giant case.

I think your anxiety is coming from some "other place" ?