| Default Judgment Discussions - Page 1 |
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| Re: Analysis of judgment reasons, aka 'shoot all the lawyers'. |
Timely wrote:
> [In a lawsuit in So. Africa, applying procedural principles very
> similar to those which pertain in like lawsuits in U.S. & UK courts,
> the magistrate] writes:
.....snip ..
> > In casu the "cause" is different, and was by the
> >
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| Analysis of judgment reasons, aka 'shoot all the lawyers'. |
he written reasons below, by this magistrate are OK for a
Shyster lawyer, but is this expected for a magistrate or judge ?
The grammar [mixing 'is' & 'are' is due to Afrikaans to English
translation ] . Don't lose focus of the questions posed, by bei
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| Re: Estoppel by representation |
> Q- was the fact that the demand-letter and the 4
> > following accounts labeled "hand over balance"
> > and the summons matched exactly [to 1 part in 50'000]
> > a representation to the defendant that, THAT is what
> > was to be defended ?
>
>
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| Re: res judicata/estoppel[s]/Henderson principle ? |
OP: stated
> > * Henderson v Henderson principle - all arguments of
> > fact and law which reasonably could have been brought
> > at a previous action are barred from any later action.
> > Ignorance is no excuse.
Q1- asked:
> >does/did Seattle US
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| Re: res judicata/estoppel[s]/Henderson principle ? |
OP: stated
> > * Henderson v Henderson principle - all arguments of
> > fact and law which reasonably could have been brought
> > at a previous action are barred from any later action.
> > Ignorance is no excuse.
Q1- asked:
> >does/did Seattle US
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| res judicata/estoppel[s]/Henderson principle ? |
Relating to a previous thread:
" Incremental actions barred by res judicata ?"
Firstly this family of principles [as appearing in the Subject: line]
seems to have a lot of confused replaying of other peoples texts
when one seeks explanations. Secon
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| res judicata/estoppel[s]/Henderson principle ? |
Relating to a previous thread:
" Incremental actions barred by res judicata ?"
Firstly this family of principles [as appearing in the Subject: line]
seems to have a lot of confused replaying of other peoples texts
when one seeks explanations. Secon
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| Context for 'Timely' ! |
It's pointless trying to describe a situation which is too far removed from
the audience's 'world view'. Best just accumulate evidence and wait
for 'suitable confirming conditions'.
I've just fetched:------------
http://www.concourt.gov.za//summar
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| Context for 'Timely' ! |
It's pointless trying to describe a situation which is too far removed from
the audience's 'world view'. Best just accumulate evidence and wait
for 'suitable confirming conditions'.
I've just fetched:------------
http://www.concourt.gov.za//summar
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| Re: Where to find authority on: "purpose of a law" ? |
ecause I haven't replied to this MY [OP] thread, 'respondents'
have taken it and 'filled in their own facts'. I suggest that they
write their own novel. Some are no doubt school children; but
this lay-man is disturbed to note that some are practici
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Diana B. Henriques.
Sgt. John J. Savage III, an Army reservist, was about to climb ont
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| Re: Interpretation of law report ? |
> > The law report extract reads:-
> >] GROBLER v BENNION 1976 (2) - 459
> >]
> >] Magistrate's court - Civil proceedings - Judgments and orders -
> >] Default judgment - Rescission of - Averment that judgment
> >] void ab origine - Applicant for
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| Interpretation of law report ? |
This query concerns interpretation, which should be answerable by
persons with legal training in any anglo society; and is independant
of the "rules in your home town's juridiction".
The law report extract reads:-
] GROBLER v BENNION 1976 (2) - 4
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| Re: How to [micro] manage your legal counsel ? |
-- snip previous to make room for new --
> > After substantial failed [except for the valuable record which is
> > painting the opposition into a corner] self-representation
>
> Scott Hedrick wrote:
> It would seem the record is far more valuable
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| Re: New argument at appeal inadmissible ? |
imely@isp.com wrote:
> You do not appear to have yet publicly posted whether:
>
> The magistrate ruled for or against you;
>
> If so and if she gave a reason, on what stated
> ground(s); or
>
> What (if anything) has the ap
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| statue of limitation on judgments |
can anyone tell me if there's a statue of limitations of federal judgments.
i had an overseas company obtain a default judgment against me 12 years ago
for $500,000.00 and i was wondering if there ever comes a point that the
judgment can not be legally
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| statue of limitations on judgments |
can anyone tell me if there's a statue of limitations of federal judgments.
i had an overseas company obtain a default judgment against me 12 years ago
for $500,000.00 and i was wondering if there ever comes a point that the
judgment can not be legally
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| statue of limitation on judgments |
can anyone tell me if there's a statue of limitations of federal judgments.
i had an overseas company obtain a default judgment against me 12 years ago
for $500,000.00 and i was wondering if there ever comes a point that the
judgment can not be legally
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| Re: New argument at appeal inadmissible ? |
P wrote:-
> > What is the proper function of appeal ?
> >
> > If it is to oversee the decisions of the lower court, then it must decide
> > from the same record [set of facts] as the lower court had available.
> >
> > And its function is NOT to do
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| Fraudulent default judgment |
What safeguards are there in our legal system to protect the victim and prevent
the following kind of lawsuit abuse?
1. Pro Se Judgment Proof Vexatious Litigant bandit files a frivolous suit
against victim in a foreign state to victim.
2. Bandit doe
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| Lis pendens + twists ? |
In S.Africa, where the legal system like US & commonwealth
is based on British common law, I withheld municipal charges
to escalate my repeated-false-billing-complaint, into court.
The mun. 'arranged' for me to NOT get the summons and a further
sequ
|
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| Re: Lis pendens trick ? |
On Feb 2005, news@absamail.co.za wrote:
> >How to inform a magistrate of the contents of the record, which was
> >lost by the higher court, while she's taking 2 weeks to decide a judgment,
> >when she would have examined the record if it hadn'
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| Lis pendens trick ? |
How to inform a magistrate of the contents of the record, which was
lost by the higher court, while she's taking 2 weeks to decide a judgment,
when she would have examined the record if it hadn't been lost ?
The applicant has to recompile and file th
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| false address used for summons |
Does anyone know if one would have a case against someone for knowingly
providing a false address to the courts in order to obtain a default
judgment in a frivolous suit. After obtaining a default judgment they filed
a lien and started foreclosure. ALL
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| false address used for summons |
Does anyone know if one would have a case against someone for knowingly
providing a false address to the courts in order to obtain a default
judgment in a frivolous suit. After obtaining a default judgment they filed
a lien and started foreclosure. ALL
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| Re: Must statutory notice state period allowed ? |
news@absamail.co.za wrote:-
> >my lawer's claim that " the statutory notice must state the period
> >allowed". He can't give me a satisfactory explanation why.
shishiqiushi@earhtlink.net wrote:-
> In a case involving a legislative provision that
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| Can appeal level 'false' decision justify following lower level reversal ? |
ABSTRACTLY:
For the same matter, but a different cause of action, a rescission
application should succeed, if the ground of the previous appeal,
which refused the same rescission are upheld.
This, [circular effect] although the appeal grounds are fa
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| Single transaction debtor Vs running-account |
Surely a fundamental of [Western] law is that the defendant must be
given full knowledge of the charge against him, in order to be able to
prepare his defence. So facts which are continually changing. eg. his
age must be considered as frozen at some
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| Motion to Vacate Summary Judgment Question |
In 2002 I was in court with a debt collector who was unable to
substantiate his claim. I had appeared to argue against the default
judgment and had requested discovery information so we could move
forward with the case. I had not heard anything about t
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| Single transaction debtor Vs running-account |
Surely a fundamental of [Western] law is that the defendant must be
given full knowledge of the charge against him, in order to be able to
prepare his defence. So facts which are continually changing. eg. his
age must be considered as frozen at some
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| Oregon law; Default judgment for temporary relief. |
In a child custody case, when an order to show cause is signed by a
judge specifically for temporary relief, does ORCP 69 A give a
respondent's attorney 10 notice before a petitioner can ask the court
for a default judgment?
ORCP 69 A specifically d
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| Legitimate expectations and estoppel ? |
Please eaves-drop on this dialog with my attorney, and criticise my
views expressed here:-
I'm very disappoined that you still don't understand
why the summons should be LOCKED to the demand letter.
* vague and embarrasing - defendant must know e
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| Legitimate expectations and estoppel ? |
Please eaves-drop on this dialog with my attorney, and criticise my
views expressed here:-
I'm very disappoined that you still don't understand
why the summons should be LOCKED to the demand letter.
* vague and embarrasing - defendant must know e
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| Re: Absurd interpretation of simple statue ? |
I originally wrote
> > SARL 1998(4) SA 1003 at 1003 G
> > ] However as the abandonment of the appeal had been final, there
> > ] could be no rebuttal of such abandonment. The order was therefore
> > ] a final order and s 36(d) of the Magistrates' Cour
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| Notice of Order to Show Cause re: Dismissal |
I'm a defendant in a suit waged in Calif. by the most incompetent law firm
in existence. They work for a credit collection agency and I think they
just assume that they'll just get a default judgment because once they file
the complaint they don't kno
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| Notice of Order to Show Cause |
I'm a defendant in a suit waged in Calif. by the most incompetent law firm
in existence. They work for a credit collection agency and I think they
just assume that they'll just get a default judgment because once they file
the complaint they don't kno
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| Notice of Order to Show Cause -- Dismissal |
I'm a defendant in a suit waged in Calif. by the most incompetent law firm
in existence. They work for a credit collection agency and I think they
just assume that they'll just get a default judgment because once they file
the complaint they don't kno
|
| Notice of Order to Show Cause re: Dismissal |
I'm a defendant in a suit waged in Calif. by the most incompetent law firm
in existence. They work for a credit collection agency and I think they
just assume that they'll just get a default judgment because once they file
the complaint they don't kno
|
| Notice of Order to Show Cause re: Dismissal |
I'm a defendant in a suit waged in Calif. by the most incompetent law firm
in existence. They work for a credit collection agency and I think they
just assume that they'll just get a default judgment because once they file
the complaint they don't kno
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| How to make a defendant to pay ? |
A moving company damaged the railings inside the house in PA.
'Peaceful' negotiations went nowhere and a civil case was opened in a
local Magistrate. The defendant did not come to the hearing and the
default judgment was entered for me. The defendant n
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| Re: Lower & Appeal action simultaneous: same matter different CoA ? |
>On Thu, 28 Oct 2004, not@top-post wrote:
>
>>Even if the rules in your jurisdiction are different, the 'logic' is what I'm
>>querying.
>>
>>I have an appeal pending for a rescission against a default judgment,
>>and an attorney who knows the munic
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| Re: Lower & Appeal action simultaneous: same matter different CoA ? |
n Thu, 28 Oct 2004, not@top-post wrote:
> > Even if the rules in your jurisdiction are different,
> > the 'logic' is what I'm querying.
> >
> > [ My jurisdiction's legislation provides: ]
> >
> >] 36. What judgments may be rescinded.
> >] The
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| Lower & Appeal action simultaneous: same matter different CoA ? |
Even if the rules in your jurisdiction are different, the 'logic' is what I'm
querying.
I have an appeal pending for a rescission against a default judgment,
and an attorney who knows the municipal legislation well, found that
the procedure used
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| docketed default judgments and notification of debtor |
When default judgments are docketed and entered into the civil court's
computer system, does a letter automatically go out from the courts to the
individual who has the judgment against them telling them that a default
judgment has been taken against t
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| Re: Available facility/rule not used implies it's inapplicable - estopp |
> > I contended: since debt claims may be ammended, when a summons
> > [to appear to defend a claim] is NOT ammended and corresponds
> > exactly to 2 previous demand letters [from the council and it's attorney],
> > then the defendant must reasonably
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| Date of cause of action ? |
If I was more competent, I'd be able to explain my argument without
refering to hypothetical scenarios. To date I've failed. Try this:-
Happy-holiday-providers is offering a deal where any person who is
in a family of at least 3 clients may join fr
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| Date of cause of action ? |
If I was more competent, I'd be able to explain my argument without
refering to hypothetical scenarios. To date I've failed. Try this:-
Happy-holiday-providers is offering a deal where any person who is
in a family of at least 3 clients may join fr
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| Re: Available facility/rule not used implies it's inapplicable - estoppel ? |
> > How about:
> > the defendant who deliberately with-held payment to force the
> > repeated false billing to court [instead of rioting, arson & loss of
> > life, as has happened with other captive clients/victims of the
> > chaotic municipal billing
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| Re: Available facility/rule not used implies it's inapplicable - estoppel ? |
cGyver wrote :-
> > > A cause of action is a right to some form of redress in a civil court.
> >
> > This lay-man thought 'a cause of action' may GIVE RISE to some
> > form of redress in a civil court ?
>
> I don't understand the distinction.
>
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