I don't care about having to pay the money, although it's a lot of money. I just want this taken off my credit report. Oh, and I want them to be penalized for the many laws they broke. And I want to be compensated for the many laws they broke, so I guess I want my money back.
I wonder if your state Attorney General would agree with that? Why not make a phone call to the AG and find out whether they need a license or not? You might want to ask the AG about that too.
Federal court is an option. Appellate is an entirely different situation. You have to get your case certified for appeal before you can even file an appeal. Appellate courts have a whole different set of rules that must be followed in addition to the normal rules of procedure so you would also have to learn appellate rules. Most of the time you don't even get a chance to argue before the court. In fact, most of the time your appeal won't ever be seen by a judge. They have what are called Referees and the appeal has to get past the referee before a judge will even look at it. So you file it and the clerk of the court goes over it first and determines whether you have followed all the rules. If so it will go on the docket and then to a referee. The referee decides whether the case is worthy of a hearing and if so then writes his opinion which is then signed by a judge. Not many cases ever get heard by the court itself. There are a goodly number of blogs that deal with appellate and Supreme Courts. These blogs are all written by attorneys who practice appellate law. There is the SCOTUS blog, how appealing blog, Supreme Court of Texas Blog as well as blogs for just about every state that deal with all levels of appellate court, both civil and criminal and the courts themselves publish their opinions on line. Naturally, I use my RSS feeds to keep up with them. I don't remember whether there are any appellate court feeds in my sig line or not. They may only be in my Thunderbird feeds which I don't make public because if I put all my feeds in my sig line nobody would ever get through reading them before they changed again. Getting and setting up your own feeds in Thunderbird is easy and free. Thunderbird is free too. So anybody can get the information about anything they might be interested in quickly and easily using RSS feeds. The only reason I set up my sig line the way I did was so people could see for themselves how valuable this can be to them and how it is done.
In light of the information I've given, what do people now think of what my first atty said: The law says you canâ??t sue twice over the same thing. So, you could not file the case in federal court. You could have appealed the summary judgment ruling but you would not have likely prevailed since you didnâ??t respond. I think youâ??re backed into a corner now and have to pay. You could attempt to vacate the judgment claiming excusable neglect and then respond to the summary judgment motion. I basically just want my money back for the horrible treatment and broken laws at the hands of the JDB's atty and I want this taken off my credit report.
I don't know, but in all the research I've done, it's usually pretty obvious if the judge has ruled on it. I'm guessing that if you can't easily tell, the claim was probably not dismissed with prejudice and can be refiled in another court.
