auntphibian
Junior Member
What is the name of your state (only U.S. law)? TN
I have become quite depressed over my situation and things just seem to get worse. Without going into all the detail (I just don't have it in me), I'll try to give you needed info.
After losing to summary judgement in a case that I could not afford an attorney in and could not fight the opposing counsel, as I have no idea what I am doing, but needed to file the lawsuit for my specific situation.
I looked in to filing an appeal, even though I knew my chances of doing any better would be slim. I have researched everything and it seems every time I think I have the correct answer, I get blindsided that the information was not correct, so there is no way for a pro se litigant to properly be able to get correct information to make the best decisions. I called the Appeals Court and spoke with the guy in charge. I explained that I am an indigent person and cannot afford the filing fees. He told me that if I filed under the pauper's oath that worst case scenario I would only be responsible to pay the taxes of $13.25 if I lost the appeal. I thought it was worth taking a risk for such a small amount.
I had been having health issues shortly before this, and right after filing my notice of appeal found out I had a very serious health issue and had to have surgery in the next couple of months. This health issue has caused issues with my brain and the ability (apparently) to understand things clearly. A few months later, a month after surgery (6 months later and I am still in recovery) I learned they did not receive my notice of no transcript. I sent it out, again, with a letter explaining again my health situation. Having no attorney and a major health issue, I was on my own and had no way to do any legal documents or notify the court in any way to even postpone it until later. I live alone and no family in the area. The next few days after I received notice from the court that the did not allow me the time to get the documents to them and had dismissed my case, and never mentioned the fact that I got them the info they requested. Shortly after that, I received a bill for nearly $300 for court costs.
I contacted them and explained I was told the tax of $13.25 was all I was told I would have to pay and I would not have filed it otherwise, because I do not have that kind of money and I'm on the verge of bankruptcy as it is, especially after my most recent health issue. I told her who I had spoken with and she told me she would contact him. She called me back a few weeks later and said he told her he never said that and I am to pay the court costs.
How is it that someone representing themselves gets very ill and cannot do anything in the lawsuit due to these issues, yet I have no protection or way to file any motions (as that would have taken research and I was too sick to be able to do any of that). I was caught in a position of having filed an appeal, thinking it would only cost $13.25, got sick, no way other than calling them and telling me about my illness to which they did not tell me how I could proceed to put them off until I was better. I got my paperwork in to them, but they dismissed the case without even giving me a week to get the documents in to them (for the second time), even though I had 15 days to do it and mailed them the next day.
My question: I cannot afford to pay these costs and now they are talking about writs and garnishments (I'm on social security) on a fee I was told was much less. Is there anything I can file with the court to completely waive these costs under the circumstances that I am in, having gotten diagnosed with a serious issue requiring surgery and long recovery, so I did not even get the chance to try to do the appeal.
I'm just sick about this, as even making payments means I won't get to eat, as my medical bills have forced me to stop paying credit card bills. I try so hard to research everything, just to find out that it was all crap! There has to be something a person can do in a situation such as this to not put me in more of a final situation than I am already in and not having a warrant filed for my arrest.
I have not gotten a fair chance at justice since the very beginning, which is what everyone is supposed to have a right to have! There has to be something I can do here. They should have told me that after filing the waiver I would have to pay the nearly $300, because I wouldn't have filed it had they been honest and told me that. even the waiver and the Uniform Affidavit of Indigency does not stipulate this. I hope this all makes sense, as I am still having major health issues and cannot always think clearly.
Please someone help me. I have become so depressed, I have not been able to stop crying and feel there is a good chance that this could put me over the edge.
I have become quite depressed over my situation and things just seem to get worse. Without going into all the detail (I just don't have it in me), I'll try to give you needed info.
After losing to summary judgement in a case that I could not afford an attorney in and could not fight the opposing counsel, as I have no idea what I am doing, but needed to file the lawsuit for my specific situation.
I looked in to filing an appeal, even though I knew my chances of doing any better would be slim. I have researched everything and it seems every time I think I have the correct answer, I get blindsided that the information was not correct, so there is no way for a pro se litigant to properly be able to get correct information to make the best decisions. I called the Appeals Court and spoke with the guy in charge. I explained that I am an indigent person and cannot afford the filing fees. He told me that if I filed under the pauper's oath that worst case scenario I would only be responsible to pay the taxes of $13.25 if I lost the appeal. I thought it was worth taking a risk for such a small amount.
I had been having health issues shortly before this, and right after filing my notice of appeal found out I had a very serious health issue and had to have surgery in the next couple of months. This health issue has caused issues with my brain and the ability (apparently) to understand things clearly. A few months later, a month after surgery (6 months later and I am still in recovery) I learned they did not receive my notice of no transcript. I sent it out, again, with a letter explaining again my health situation. Having no attorney and a major health issue, I was on my own and had no way to do any legal documents or notify the court in any way to even postpone it until later. I live alone and no family in the area. The next few days after I received notice from the court that the did not allow me the time to get the documents to them and had dismissed my case, and never mentioned the fact that I got them the info they requested. Shortly after that, I received a bill for nearly $300 for court costs.
I contacted them and explained I was told the tax of $13.25 was all I was told I would have to pay and I would not have filed it otherwise, because I do not have that kind of money and I'm on the verge of bankruptcy as it is, especially after my most recent health issue. I told her who I had spoken with and she told me she would contact him. She called me back a few weeks later and said he told her he never said that and I am to pay the court costs.
How is it that someone representing themselves gets very ill and cannot do anything in the lawsuit due to these issues, yet I have no protection or way to file any motions (as that would have taken research and I was too sick to be able to do any of that). I was caught in a position of having filed an appeal, thinking it would only cost $13.25, got sick, no way other than calling them and telling me about my illness to which they did not tell me how I could proceed to put them off until I was better. I got my paperwork in to them, but they dismissed the case without even giving me a week to get the documents in to them (for the second time), even though I had 15 days to do it and mailed them the next day.
My question: I cannot afford to pay these costs and now they are talking about writs and garnishments (I'm on social security) on a fee I was told was much less. Is there anything I can file with the court to completely waive these costs under the circumstances that I am in, having gotten diagnosed with a serious issue requiring surgery and long recovery, so I did not even get the chance to try to do the appeal.
I'm just sick about this, as even making payments means I won't get to eat, as my medical bills have forced me to stop paying credit card bills. I try so hard to research everything, just to find out that it was all crap! There has to be something a person can do in a situation such as this to not put me in more of a final situation than I am already in and not having a warrant filed for my arrest.
I have not gotten a fair chance at justice since the very beginning, which is what everyone is supposed to have a right to have! There has to be something I can do here. They should have told me that after filing the waiver I would have to pay the nearly $300, because I wouldn't have filed it had they been honest and told me that. even the waiver and the Uniform Affidavit of Indigency does not stipulate this. I hope this all makes sense, as I am still having major health issues and cannot always think clearly.
Please someone help me. I have become so depressed, I have not been able to stop crying and feel there is a good chance that this could put me over the edge.
