I'm going to court this week

[alco141]

Re: I\'m going to court this week

i would suggest that you sue the plaintiffs attourney for malpractice, add in some punative damages, and really take him to the cleaners. sounds like you got a good chance of spanking him. make it really hurt. hit him in the wallet .

alex

 

[JoeR]

Re: I\'m going to court this week

That's nerve!!! Time for a better fence!

Joe

 

[JohnMiller3]

Re: I\'m going to court this week

<font color=blue>…i would suggest that you sue the plaintiffs attourney for malpractice, add in some punative damages, and really take him to the cleaners. sounds like you got a good chance of spanking him. make it really hurt. hit him in the wallet ….</font color=blue> /w3tcompact/icons/shocked.gif

/w3tcompact/icons/hmm.gif Hmmm… Gary… you’re getting all this advice… but unless you/your attorney knows “the good ole boys”… I don’t think you’ll get this “rubber stamped” by any judge on day one… and I sure hope I’m wrong…

You can be 110% in the right, have all your ducks lined up in a row… but I think you’ll spend some time and dollars before this will get “quickly resolved”…

I hate to say it… but buddy… you’re now in the “legal system”… /w3tcompact/icons/eyes.gif

 

[Dozernut]

Re: I\'m going to court this week

Just a word of advise. Careful violating the restraining order, this is a court ordered restraint from a judge. If you violate it, you can be held in contempt (jail), whether the original charge is valid or not.

 

[Gary_in_Indiana]

Re: I\'m going to court this week

He started the research on fees for defending spurious motions Friday afternoon. We don't know what, if anything, the state statutes provide for that at this point.

 

[Gary_in_Indiana]

Re: I\'m going to court this week

Rick,

I'm only employing my lawyer to do the research on fees on this. I'll attend the hearing on the motion pro se if the statutes don't provide for compensatory fees. I may be upset, but not frivolous with my money. /w3tcompact/icons/smile.gif

 

[Gary_in_Indiana]

Re: I\'m going to court this week

Dozenut,

I considered the potential downside of that (contempt citation, fine, incarceration) but the order being requested (and not yet issued, to my knowledge) would enjoin me and my agents from entering onto HIS property. I'm not going on HIS property but, in fact, MY property. And, no, I don't have to cross his property to get to mine nor does he have to cross mine to get to his (though he would have to put in a new drive as I bought the existing drive). Hence, no violation of any order. /w3tcompact/icons/smile.gif

 

[Harv]

Re: I\'m going to court this week

<font color=blue>My attorney was going to call the counsel for the other side and suggest they do their homework, but I told him not to do that.

I think it'll be more fun to "violate" the TRO daily until the hearing</font color=blue>

Careful -- if any of that comes out in court, you won't be scoring any points with the judge. /w3tcompact/icons/eyes.gif

You're holding all the cards fer sure, but if it's determined that you made no effort to resolve the situation before bringing it to court, you may find yourself somewhat on the defensive anyway. When it's time to decide who pays the court costs, the judge will take all the factors into consideration.

Having said all that, I want a picture of the crazy lady's face when you present the deed. /w3tcompact/icons/laugh.gif

 

[BillG_in_TX]

Re: I\'m going to court this week

Gary,

If I may be so bold - what the heck is in the back of your truck?/w3tcompact/icons/shocked.gif

 

[Gary_in_Indiana]

Re: I\'m going to court this week

Good points, Harv. They're the ones who want the quick hearing date, etc. I was out there yesterday working and didn't see any spies, but then again, I was working not scouting for them, either.

As to making a good faith effort to resolve the issue, I'd think a polite request rather than an accusation and motion for a restraining order might have been a better attempt at resolution, too. All I'm going to do is go defend myself against actions they initiated IF their motion for a hearing is granted.