I've never done this lawsuit thing

Discussion in 'Credit Talk' started by Quixote, Aug 6, 2002.

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  1. Quixote

    Quixote Well-Known Member

    Re: Waiting for the results..

    I lost. Utterly and completely-no silver lining- no moral to the story-lost.

    "Judgment for Defendant MACY's WEST/ FDSB C/O CT CORPORATION SYSTEM and against Plaintiff (Quixote)

    Defendant does not owe plaintiff any monies on plaintiff's claim."

    It's over.
     
  2. DemPooches

    DemPooches Well-Known Member

    Re: Waiting for the results..

    I hate to hear this. So sorry the result wasn't the one you wanted. You sure did your homework.

    I suppose there wasn't anything explaining the decision?

    DemPooches
     
  3. LKH

    LKH Well-Known Member

    Re: Waiting for the results..

    That is pure b.s. Sorry to hear this. Did you ever consider if this happened, if you would appeal it? Just a thought. After all you went thru with this, think about appealing to the next court up.

    Was any reason for the decision given?
     
  4. Quixote

    Quixote Well-Known Member

    Re: Waiting for the results..

    The quote above was the entire statement from the court.

    LKH, there's no appeal from Small Claims in California if you were the one who brought suit and lost.
     
  5. PAE

    PAE Well-Known Member

    Re: Waiting for the results..

    Please Qui, tell us why the decision was made in favor of Macy's...
     
  6. keepmine

    keepmine Well-Known Member

    Re: Waiting for the results..

    Sorry to hear it Quixote. Of all the cases going on around here lately, I personally thought yours was the strongest. The one variable you can never control is the judge.
     
  7. dep_tx

    dep_tx Well-Known Member

    Re: Waiting for the results..

    Qui sorry to hear it man, I hope you are able to look back on this and find some wisdom or something that could be considered good.

    Thanks for shareing the journey with us.
     
  8. mark

    mark Well-Known Member

    Re: Waiting for the results..

    they didnt even get an explanation? is that normal?
    can you re-file in a higher court?
     
  9. Quixote

    Quixote Well-Known Member

    Re: Waiting for the results..

    The other variable is yourself. I do well when I have time to think things through; put it in writing. In the free-for-all atmosphere in Small Claims court, with no particular order to events, I choked. I just didn't present the case well enough and I didn't leave enough evidence with the Commissioner. On the plus side, I just met with my mortgage broker. Loan funds tomorrow, so escrow is essentially over. And, I bought a truck this week. It's been eventful.


    Thanks everybody (well, almost everybody) for your support and for hanging in there with me all the way through. I really appreciate it.
     
  10. Quixote

    Quixote Well-Known Member

    Re: Waiting for the results..

    Nope. No explanation. No appeal.
     
  11. cable666

    cable666 Well-Known Member

    Re: Waiting for the results..

    Sorry to hear this. Some of the stupid things I see judges do amaze me sometimes.

    Perhaps you could write up a summary of lessons learned to benefit others.

    Example (you mentioned): Invest a day to sit and observe the court.

    I think an important lesson is that trying to enforce our rights under "self-serve" federal law (as the FDCPA and the FCRA provide) is too much for a small claims court. They have too much leeway to ignore the law and do what ever they feel like, including dismissing cases filed by what they consider deadbeats.

    I also think that everytime some one looses because of crap like this, a letter needs to be written to the FTC. The FTC has to report to Congress on how these acts are working and not working. The FTC then can ask Congress to make adjustments to fine tune the FDCPA and the FCRA.

    The FTC needs to know that the courts are not understanding these laws. They need to know that the OC's, CA's, and CRA's are trying to confuse the judges about whom the law applies to (finger pointing). They need to know that that the puny and optional fines are too small to give lawyers the incentive to help the average American to fight for their rights. The CA's, CRAs, and OC's get to use law firms to fight and confuse and muddle the issues. We get nothing.

    Demand that the laws be changed to COMPEL a judge, when presented with indisputible facts that these acts were broken, to rule in the plaintiff's favor.

    I'm very curious to know of the FTC is tracking how many people have actually sucessfully sued and won using these laws that they gave us. I bet very few. I'd bet if they bothered to look, they would find that most cases get blow off like this one by judges who don't give a damn enough to learn the law.
     
  12. keepmine

    keepmine Well-Known Member

    Re: Waiting for the results..

    Quixote,

    I doubt if it's anything you did or didn't do. You seem to express yourself very well. I think at the end of the day, the problem you had is something Marie and I've both touched on. Judges are reluctant to rule in your favor if you can't prove some sort of monetary damage. I know what the popular theory is but, reality in the courtroom is a far different animal.
    For what it's worth, I bet it was a close call and Macy's did have to work for it.
     
  13. sassyinaz

    sassyinaz Well-Known Member

    Re: Waiting for the results..

    wow Quixote,

    I'm sorry to read the judge's ruling, especially given Ellen's bogus position on pulling a report -- she's just wrong and now has a license to be more wrong.

    There's more involved in the justice system than seeing that justice is served, however :-( sorry you received a judge not willing to stand by his oath.

    Scary indeed!

    Sassy
     
  14. BumbleBee

    BumbleBee Well-Known Member

    Re: Waiting for the results..

    I'm really sorry to hear this, Quixote. Yours was one of the first posts I read here and I was really hoping you would win. :-(

    Congrats on the house and the truck, though!
     
  15. breeze

    breeze Well-Known Member

    Re: Waiting for the results..

    Well, now you know one judge to avoid. ;) They can pretty much do what they want to.
     
  16. LKH

    LKH Well-Known Member

    Re: Waiting for the results..

    Hey Quixote, why don't you put a call into the judge and see if he has the cajones to talk to you and explain his ruling. All he can do is refuse to discuss it.
     
  17. breeze

    breeze Well-Known Member

    Re: Waiting for the results..

    He and the Macy's lawyer probably belong to the same country club. ;)
     
  18. Quixote

    Quixote Well-Known Member

    Re: Waiting for the results..

    Yeah, I had been think I might drop a letter to the Commissioner and see if she would provide a bit more detail.
     
  19. LisaMc

    LisaMc Well-Known Member

    Re: Waiting for the results..

    So sorry Quixote. I am sure you are really let down. You end up putting so much time into preparation for these suits not to mention the stress, anguish, and expense. You did what you could do, and you learned ALOT!

    Enjoy the house!

    Lisa
     
  20. sirrowan

    sirrowan Well-Known Member

    Re: Waiting for the results..

    Sorry to hear about your loss Quixote. I wanted you to win so badly!

    You do need to find out why the judge ruled as he did. That would be good information for you.

    Also, I realize that you lost, but the experience was priceless. Most of us will not have to go this far in our endeavors to get cleaner credit and preserve our rights.

    You have guts! I'm sure that this suit cost Macy's quite a bit. They lost either way. Scumbags!
     
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