Thursday, October 28, 2010

Well here it is, nearly November, and this thing is still not resolved. Here is a list of everything I've done so far:
1. Small claims filing. Went to court. Won. Judge awarded me $700.00. I was asking for $1800.00.
2. Defendant appeals in Superior Court. Loses. I am awarded $1800.00.
3. I file for a Debtor's Exam. The day the defendant is served, he files for a Motion to Vacate.
4. Judge at Debtor's Exam postpones until after the Motion to Vacate.
5. Defendant fails to appear at the motion hearing.
6. Debtor's Exam; defendant fails to appear, my bike throws a rod on my way to the courthouse.
I phone the court to tell them I can't be there.
7. I get a notice from the court in the mail yesterday. Another Motion to Vacate is scheduled.

So how many times do these assholes get to file Motions to Vacate? Well, the advisor told me that the defendant may have had a legitimate excuse, as did I. But that does not excuse his failure to appear at the debtor's exam. This is getting annoying. I'll win the Motion to Vacate, as the jackass is now trying to claim he doesn't work for Capital Commercial Investments, he's "just helping out."

I've got documents from the California State Board of Realty site that lists him as an officer of CCI until August, 2010. Since all this began back in 2007, he was an officer at that time.

Furthermore, he's been the one appearing in court and filing motions. "Just helping out?"
Yeah right. It's the weirdest thing...he's acting like none of the California documents linking him with CCI matter. They do matter a great deal, they are the evidence I will use to smack this bitch back to the debtor's exam.

Apparently what happens there is, you look at their books, find their bank accounts and valuables and real property. You pick one, get a marshal to hit the bank and remove what's owed. I want punitive damages as well. This has dragged on long enough, and the court should be tired of their transparent shenanigans.

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