Re: Re: Court with Cross Country Tommor sorry to hear that. I always go into small claims with the knowledge I will lose. The real case is before a real judge on appeal.
Re: Re: Court with Cross Country Tommor Tac, I've always tended to agree with you that state court is the most economical and productive way to go but do you think today's experience illustrates the point that LizardKing and others have repeated - namely, that at least in Federal Court you get a judge intimately familiar with the applicable laws? Sorry it didn't go well today. By the way, most small claims courts are courts "not of record" meaning that there isn't anything to preclude you from refiling in Federal even though it went against you. I seem to recall that res judicata (the thing has already been decided) doesn't apply based on decisions rendered in courts not of record. More experienced people might be able to chime in here.
Re: Re: Court with Cross Country Tommor I would show up in uniform but since I wasn't on duty and it wasn't work related my department policy wouldn't allow it. I don't think it would have mattered one bit, the judge knew who I was and asked what my occupation was in court. I will appeal tomorrow and have it heard in a real court, Pa law states it is gonna be a totally new trial. Thanks for the support! Tac
Re: Re: Court with Cross Country Tommor Also....Their attorney CCB, stated to the judge that this suit didn't apply to them because FCRA and PA State Consumer laws are only for debt collectors. When I tried to object the judge told me to put my hand down and then said he agreed with the defendant. I mean the judge didn't even look at a copy of the FCRA or PA laws??? What the heck gives?? There has got to be somewhere I can complain about this judge's conduct? Cummon' Not being allowed to cross-examine because the judge had already heard enough to rule?? I didn't even get to ask their attorney one question until the judge already ruled! This was one sided through and through and I could see the frustration on the judge's face when I kept bringing up the FCRA and state laws, to me I was given the impresssion this was too complicated a matter or too much work for him to want to get involved. Then the judge noticed the attorney was from DE and asked him if he knew a judge from up there. I want to file a complaint against this judge, any ideas how or where? Man, if I ever catch this judge speeding or breaking the law in my jurisdiction...look the hell out!! He will learn a new meaning to the word "investigative custody". Tac
Re: Re: Court with Cross Country Tommor Contact your local Bar Association about filing a complaint. Alot of times, Small Claims "judges" are simply attorneys. Ex. Texas Justice Judge is just an attorney. If that isn't the right place to complain, they can probably point you in the right direction. BTW - did you put a copy of the FCRA with your complaint? If not did you consider it, and why didn't you do it? Sorry for your loss.
Re: Re: Court with Cross Country Tommor Tac! I'm dearly sorry to hear this injustice. Yes you will get a new trial on your appeal being that this was small claims. As far as the judge, PA has a state judiciary board that over sees judges. I'm not sure what the exact name is but you should be able to find it easily. You didn't even get to give your side of the story! If your appelate court doesn't raise a brow on that I'm gonna be scared to come to PA myself. This has me uneasy myself. I'm about to take on a tough cookie we all know here in court. Hopefully I won't get the same "brand" of judge you unfortunately had. It is well known, judges have to rule on law and not personal opinion. That's why serial killers can walk free on stupid technicalities but law is law and judges must obey it. Again I'm so sorry to hear what happened... Make sure you write the judicial review board. Maybe they'll remove that guy.
Re: Re: Court with Cross Country Tommor tac, I'm so sorry this happened to you. Go get'em in higher court. Like you said, it will just cost them more money to defend themselves.
Re: Re: Court with Cross Country Tommor That really blows. Be glad the judge didn't slap you with CCB's attorney costs! I'd definatly appeal this. I'm nto sure this would be applicable due to insufficiant knowledge of PA law, but seems to me the best way to get even with this judge is for a higher court to hand out a ruling of "reversed and remanded" on appeal.
Re: Re: Court with Cross Country Tommor The bar association in your state is exactly where you need to complain. I got some papers from my states bar assoc and the papers to file an ethics complaint is for attorneys and judges. If your small claims is like mine they should record everything and you can get a transcript although you will have to pay. Actually, if you appeal they will more than likely as mine does make you pay for a transcript so that the judge can read it first. Use it to show misconduct against the magistrate. Or, you can sneak up and plant some pot in his robes then call in an anonymous complaint, make sure you are at work and volunteer to cover him, arrest him, take him somewhere, bitchslap him for a few minutes, take him to jail, and deny everything.
Re: Re: Court with Cross Country Tommor I think filing the ethics complaint is a good idea, I'm not sure how but you've been given some good ideas. However, if that doesn't work, does your local (or a nearby large city) TV station do one of those expose type shows? Maybe try to get either the newspaper or the TV station to make a big deal out of it, how the little guy gets shafted by the judge because he's the little guy and the judge thinks he doesn't know anything. Some stations really take off on this kind of stuff. Make sure CCB is brought in, but make sure nothing is said that can't be proven, so you aren't sued for libel or slander, depending if it's TV or newspaper. Then see how widely you can get it publicized, maybe that will bring CCB around. And, I'm a big advocate of writing to your Congressman about it. How effective this is depends upon whether the judge is elected or appointed. And if elected, is he the same party as your Congressman? Instead of Congressman, you may want to substitute your state representative.
Re: Re: Court with Cross Country Tommor I bet if you look up that judge you find he is a creditor's attorney, or corporate attorney. B I A S E D Our legal system is quite fascinating. Oh well, at least we have one. Keep going tac, you will get to a judge that pays attention to the law.
Re: Re: Court with Cross Country Tommor Pic, Thanks! LOL!!! Your a funny guy, I like you! There wouldn't be any type of transcript that I can recall. Small Claims in PA is not recorded nor is there a court clerk or stenographer taking an account of the proceedings. It would be my word against his, unless of course the defendant, CCB would stick up for me. Yeah right, like that's gonna happen! I have a good enough memory to remember almost every detail of the screwing I got today by this judge. My posterior still hurts when I sit down. I will certianly file a complaint with the bar and ethics commission to atleast have this judge account for his conduct at the very least. another thing I wanted to add was that I bickered with this judge for almost 10 minutes on my damamges....he wanted to know what possible actual damages they could have done to me. When I showed the judge the higher interest I was paying on loans with only that account present, he asked me....."This one account is what is causing you to be denied for credit? I find that hard to believe." I had credit denial letters showing I was denied for derogatory information and that a check of my credit report would show the only derog present when the credit denial letter was processed was that of the defendant's. I said If you read the denial letter your honor, I was denied due to a derogatory account, their account is the only derog on there, so it must be them who caused me to be denied. The judge said unless I had a credit denial letter stating "You were denied due to Cross Country Bank", he would not consider my damages or consider me damaged?? You heard it right.....My denial letters had to state it was CCB?? What kind of cock a mamey crock is that?? Not only that but because the judge saw my previous derogatory information on my previous credit reports I felt and was getting the impression that he was then treating me like some kind of deadbeat scumbag. I didn't feel the need to black the other accounts out but now I wish I had. I have no doubt that when I get into a real courtroom where they are actually reading the law and going by the law I am gonna win this one. Tac
Re: Re: Court with Cross Country Tommor Was there anyone else you know in the courtroom? They could help corroborate your evidence, perhaps file a letter with your complaint stating that they witnessed this travesty of justice. Anyway, good luck on the appeal.
Re: Re: Court with Cross Country Tommor No, it was just me, the defendant and the judge. I should have brought someone but I didn't think I'd be getting screwed like this. I mean even the least I should have gotten under the FCRA was $100 bucks and court costs. Tac
Re: Re: Court with Cross Country Tommor Ummmmm look at it this way - you have time to rack up more damages.
Re: Re: Re: Court with Cross Countr Well now we all know. If you go to small claims court, bring a tape recorder with fresh batteries, so if you get screwed, you can at least fight back and make the judge accountable for his lack of concern for the law. Good luck in the higher courts, make CCB pay dearly! Are you going to hire a lawyer for this next one, and tack legal fees onto your claim? ChrisB
Re: Re: Re: Court with Cross Countr No, I plan on representing myself. I thought I did a pretty good job on my own there. This will be a bit more complicated because all formal court rules are in effect, but I can now depose CCB and get the info I need to make an even better case. I can now request a jury trial and I will now be asking for $100,000 for stautory and punitive damages. I couldn't ask for punitive damages in small claims. CCB's attorney should be very nervous when they read a real court lawsuit now and have to answer to their actions and be judged by people like you and I. I plan on filing the appeal today, it's gonna cost me $102.50 and this is for the real court. The case will now be heard all over again. Tac
