My apologies for not being more organized. I guess I have been seeking advice for each hurdle as they come and my prior posts have been closed so I figured Id inquire just about the current matters and save some dignity. I am seeking advice and that is why I am here. I have always been under the impression that persons with similar experiences or an actual professional background in the civil court's system, in my area, would be responding and so I admit I have attempted to abbreviate much of my posts with some of the same abbreviations used in the thousands of documents I've read and wrote in the past 3 years.
Hell after reading my last post I see why it is confusing and or hard to understand. I didn't even mention the issue I am faced with.
They filed motions sanctions twice in one week! And I have to respond to these, good grief what about the rules of simplified civil procedure?
Defendant counsel has filed sanctions #1 stating I have not responded to requests discovery, He was copied on all filings and pleadings in 2019 and he has access to that, also it's been in the record for two years, and #2 for failing to answer interrogatories. The rule states that is not required and facing to respond to that request does not preclude an award. Do I really have to play his game when he is clearly just attempting to overburden me with moot requests? Am I judicially obligated to inform the court of their own rules by filling a response just to assure the judiciary I am aware of the rules only the court does not enforce these ones?
Ultimately I am pro see and apparently no amount of money out of my pocket is enough to hire a local attorney with the courage to prosecute my case. The underlying issues are:
History
1) I received a summons Forcible Entry and Detainer. I was a holdover after short notice. No complaint was served until after answers were filed. I docketed some otherwise legit answers and the matter was set for trial. Landlord's counsel (In-person) filed a motion for judgment on pleadings just 1 day before trial. I was not copied on that motion but would not have had time to respond even if I was made aware of the filing. I did not get to defend myself against the complaint. The day before trial, the clerk inside the courtroom vacated the hearing and awarded possession to the landlord. I filed a Notice of Appeal...etc the next day.
I perfected the appeal just days later and the courts notified the landlord and her counsel that a stay was issued and any further actions would come from District Court. In the landlord's objection to my notice of appeal and motion to stay, she asked the courts to order that I deposit future rents into the clerk's office starting on June 1st. The landlord then took her outrage to social media where she complains that even though the county courts evicted me I appealed and a higher judge says I get to stay for now (pending the appeal). She and her attorney were both aware that the courts issued a stay. Rule 411 "Upon the filing of the notice of appeal, the posting and approval of the bond, and the deposit by the appellant of an estimated fee in advance for preparing the record, the county court shall discontinue all further proceedings and recall any execution issued."
Of course, the landlord and her attorney both deny delivering the writ to the sheriff. On May 31st, the sheriff and 20 movers ultimately executed the writ with the landlord's full participation. I found out later that the landlord signed a 5-year lease with an oil exploration company for the entire premises dated two months after my lease was originated. Explains white pickups that were always coming and going and her desire to get me out..
The landlord and her attorney should both be jailed for their actions and inactions. I get it, that attorney has now obligation to me, but together they created a bias motivated crime and used the sheriff to assist with their crimes. I'm not saying throw away the key but they showed no compassion towards me as I was handcuffed and placed in the cop car for six hours only able to watch the movers destroy... I mean place all my worldly possessions on the ground outside. Their reason for detaining me was Obstruction. That charge was dropped when i produced video that I was able to recover from security cameras that recorded the first hour of the eviction before the electrical cords to the DVR were cut by the movers. The landlord is using the defense that the sheriff told her to lock the gate and all my personal property would be abandoned in twenty-four hours. I guess her clock counts faster than mine because when I returned with a moving truck I was denied access and the sheriff refused to provide me a civil assist to recover the property. Property that he was responsible to ensure was removed completely from the premises. They didn't have time to haul it to the end of the driveway. When I returned the gate was locked keeping me from retrieving any of my personal property. She continued to deny access until a court-ordered otherwise but that was seven days later. She states "I was just doing what the sheriff instructed me to do".
The court e-file specialist is on record stating that she recalls that particular case and her office never issued the writ. It was rejected the moment it was proposed because notice of appeal was already on the record before the landlord applied for the writ. The clerk said the case was in fact sealed because they received back to back to back requests to issue the writ that was already rejected.
The most recent delay is caused by the landlord's new counsel (the responsible attorney) once again misstating and flat-out lying, telling the court that one of the defendants was not available for the trial that was scheduled for October 9 this month, same date was scheduled for that past year. So the court gave two optional dates both inside of this year and one in March of next year. I objected for not showing cause as mentioned in my post but, based on opposing counsels higher level of trust, the courts are under the impression that I need to respond. As stated above this is the third judge on the matter.
I hope this was easier to understand than my previous rants. Thank's everybody for your share and your tolerance.
