Ive got an opposing attorney Plaintiff who wrote the order for his amending his complaint. His complaint is nonsense. (the judge ordered him to draft the motion before I could say anything) The order states that all "motions and defenses were overruled". This is not true because I have filed a motion for reconsideration and filed it before I recieved the order from the opposing attorney.. I do not want to even acknowledge this opposing attorney's order it is so bad. I have not heard anything from the judge on the motion to reconsider. any suggestions?

The Opposing attorney's complaint is so bad it rambles with compound sentences and talks about things not to do with the case like my employment record. No allegations just his opinions. Totally not what you are teaching here.

I can't speak for Dr. Graves, nor other students here. You are asking for help, without giving us much details as to the facts.

We don't know the Law that is being used against you; the jurisdiction; nor the claim bought against you. How can we offer any useful suggestion without you providing even the most basic information?

Who is the Plaintiff that this attorney represents? A man/woman, the state government, a business entity? Were you in a 'court of record'? Because not all courts are courts of record ie. traffic court. Did you even bother to make an objection?

Did you even try to resolve this matter BEFORE it went to court? I have written about this several times before. A court only has the power to adjudicate...only if there is a matter in dispute.

There is even a Maxim of law that I'll paraphrase; 'Come to terms quickly with your accuser while you are going with him to court, lest your accuser hands you over to the judge, and the judge to the guard, and you be put in prison.'

Finally...an attorney is NOT allowed to give testimony, unless he has 1st hand knowledge of the facts. Therefore, if this attorney represents a client, only that client can testify as to the facts. You MUST IMMEDIATELY OBJECT to any attorney trying to testify on behalf of a client!...PERIOD!!!

Failure to Object is interpreted as Admission/Acquiesce.

I hope this gives you a starting point. Disclosure: I'm not in the law profession. I'm a student like yourself. I only offer my personal opinion from my encounters in the courtroom.

Best of Luck Timothy

This case is very complicated. It's actually two cases our mortgage servicer Lietec illegally sold our home through a forclosure mill. After writing a letter cancelling the sale. The winning Bidder of the sale was an undercover Virginia realtoR who also owns a painting company and other shell companies to do business. His lawyer is a lawyer also for other shell companies. The lawyer filed an unlawful detainer suit with merely a 70.00 releif. The court allowed him to amend the complaint over my objection to possession of the home. I found a law which made a matter of title not juridiction of the District Court. I asserted this but my motion to dismiss was overruled. Th lawyer is an old shyster which has some pull because he got his case on the docket when the judge stated it wasn't there. I appealed with a 7500.00 bond. I'm now in circuit court. I've found evidence the lawyer is engaged in placing our property into an LLC that's fake. The sale is being contested in another circuit court case. Virginia rules don't allow amendment for more money than originally requested.

Timothy,

I hope that new information you provided will bring forth someone who has fought the same battle. There are several students here who have dealt with fraudulent foreclosures.

I have no experience in this matter. In the Reference Tab of this course, on How To Stop Foreclosure...was there any help in your situation?

You may want to file a counter-claim. This would have the effect of placing a STAY on the Plaintiff's action until the matter in question that you bring up is resolved. You seem to imply that your case is in the wrong venue. Or that there is no STANDING of the parties in the District Court.

You might want to familiarize yourself with the Rule of Voids. There is also a difference between a decision that is Voidable vs. one which is a VOID. Study the difference between the two and apply the one applicable to your situation.

For a matter to come before a court for adjudication, there must be the following:
1. A DISPUTE where both parties MUST have STANDING.
2. There must be Persona Jurisdiction
3. Subject Matter Jurisdiction.
4. Finally, there must be a Competent Witness

If one of these four elements is missing, then any decision is a VOID.

Finally, you indicate that there's a possible shell corporation involved. You might want to look up their standing to do business in your State. Is their license current? Are they required to have insurance/bond?

I hope someone here can give you some alternatives.

Best of Luck Timothy

One more point. You might want to read up on writing an effective Affidavit. I have explained many times the Power of the Affidavit.

An Affidavit can only be written by a party with first-hand knowledge of the facts...Not an attorney for a client.

An Affidavit MUST be rebutted, point-by-point by another Affidavit. Remember, each point should be one subject-one verb.

Failure to Rebut an Affidavit is taken as Acquiesce.

An Unrebutted Affidavit stands as Evidence in Fact.

Please make sure that you Certify ALL documents. That means to have them notarized. A Public Notary is an Office of the Court. And a Certified document filed with the court becomes an Official Record.

Make sure that all your documents are Certified by a Notary and filed with the court.

Finally, do NOT Waive your Rights!

On all your documents, clearly write "All Rights Reserved."
Above your signature, on documents again write; All Rights Reserved.

Failure to Reserve your Rights is taken as your decision to Waive them.

Thanks we we're In court today and the opposition keeps trying to get me to sign the order he drafted. I sent the orderun signed back to the court with my objection to it. The order stated all objections and motions were overruled and gave an admission that has yet to be determined.

Timothy,

One of the several documents that I always submit is the Counter-Offer. This is a multi-purpose document, which I've discussed in several other replies to others. I've actually used it with success.

First it offers a solution to the dispute, thereby removing the dispute. Remember what I said about the elements that must be in-place for the courts to adjudicate...no dispute...no adjudication.

I always write this document in which Acceptance is in the Negative Averment form. And include a clear deadline for the reply.

Usually a document is written in the form where the recipient must send confirmation of his acceptance. Non-response automatically rejects the offer.

In the reverse form, non-response of the offer is "automatic acceptance, if there's no response from your opponent by the deadline. The opposing party must actually respond with a refusal of acceptance in order to reject your counter-offer.

Credit Cards use this form when they want to change the terms of the card. If you don't respond by the deadline, the terms go into affect automatically.

Second, in a Counter-offer you accept your opponent's offer to you. But it allows you to attach additional conditions to the original offer. You can actually be quite creative with the terms that you add to the opponent's offer.

Example, you can accept foreclosure on the condition that you receive a cash out of your equity. Then YOU can write an ORDER for the judge to sign.

Now what you have for the judge is:
1. Agreement between the parties for settling the dispute...their non-response to your counter-offer.
2. And the Court Order for the judge to sign.

And if your opponent objects to the Counter-Offer, then ask the judge to make a Judicial Determination as to the validity of the document. If you gave proper notice to your opponent and they just slept pass the deadline...then that's their loss...your gain!

Remember to have all your documents notarized. Now all your papers have been certified by the court!

Best of Luck!

Thank you so much. The only problem is this attorney is trying to vacate us from our property. We are in litigation in another case against the actual mortgage company who illegally sold it through a foreclosure mill. The only thing that this current opposing atty offered us was 1500.00 to vacate our home. When we win the suit against the mortgage company we will moot his claim. We must still clear the title which we now can prove that the current opposing attorney is using shell companies to buy. Excellent Idea I'm going to use it regarding the order!

Timothy,

I keep reading over your messages. And it appears that the only individual who is standing in the place of the Plaintiff is an attorney. Is that correct? Is there either an actual person who is making a claim for damages? Is there even a witness with 1st hand-knowledge of the details of this case?

If not...then move to dismiss the Plaintiff's claim!
Do NOT allow the court to award judgment for the plaintiff!

And cite the following:
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"Statements of counsel in brief or in argument are not sufficient for motion to dismiss or for summary judgment," Trinsey v. Pagliaro, D. C. Pa. 1964, 229 F. Supp. 647.
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In the above statement the word "counsel" means an attorney.
And the words "brief" and "argument" means, written and spoken motions.

I have told as many people as I can the following:
1. Always file a sworn Affidavit
2. An Affidavit MUST be rebutted point-by-point, or it stands as Truth in Law
3. An attorney will NEVER rebut an Affidavit, because they don't have 1st hand knowledge of the events of the case.

I would also look for cases in your own State in which that case was actually "cited". I find that case law which has been successfully used in your own jurisdiction carries more weight than case law cited in a foreign jurisdiction.

Final point. The burden of proof ALWAYS falls upon the side bring forth the claim. NEVER allow them to maneuver you into proving anything. And REFUSE to answer any question that will help your opponent's case against you.

You have the Right not to incriminate yourself.

Good Luck