Opposing parties attorney does not serve copies of pleadings to other parties

[meganproser]

Rex: The Rule Nisi has nothing to do with Pro Se Litigants. It appears to be the term Georgia uses in place of "show cause".

 

[meganproser]

Rex: First of all, my apologies to your coach. I spent a couple of hours today reading about "Rule Nisi". I feel your pain now!

The only thing I can figure is that your Complaint has an obvious defect. Perhaps you should be in State Court?

You mentioned there were two defendants but you are only telling us what ONE of them is doing. What is going on with the other one? Any chance that relief cannot be granted because of something that involves the absent defendant?

I suggest you try to get a Georgia attorney to look over the Complaint, find the defect and/or advise you on your next move. You should be able to get such advice from someone as “unbundled services”. Unless your complaint is long and complicated, it shouldn’t cost you that much.

Please return and share what you learn with us!

 

[Rexlan]

Are you sure? I just now swung over to their site. My guest access is over, but it says it now has civil case information. I'm curious what they have now, because I have some old judgments collecting dust down in Georgia I'd still like to recover. In fact, I'm going to see if I can sign up again without having to pay to register, and I'll see what's there...

You will need to create a new email address to get another account. I have done it several times.

It has lein information, property, UCC

 

[Rexlan]

Rex: First of all, my apologies to your coach. I spent a couple of hours today reading about "Rule Nisi". I feel your pain now!

The only thing I can figure is that your Complaint has an obvious defect. Perhaps you should be in State Court?

You mentioned there were two defendants but you are only telling us what ONE of them is doing. What is going on with the other one? Any chance that relief cannot be granted because of something that involves the absent defendant?

I suggest you try to get a Georgia attorney to look over the Complaint, find the defect and/or advise you on your next move. You should be able to get such advice from someone as “unbundled services”. Unless your complaint is long and complicated, it shouldn’t cost you that much.

Please return and share what you learn with us!

Can you possibly point me to your reading material?

Cany you email me? [email protected]

The defendants are person "A" his father "B" and his fathers corporation "C". All have been served and one atty has filed and answer for all three of them.

The father wrote the bad check on his business and I had him indicted by the grand jury for the felony bad check. He is fighting jurisdiction in VA for that but I will get a warrant in GA if he gets loose here.

 

[Rexlan]

Rex: First of all, my apologies to your coach. I spent a couple of hours today reading about "Rule Nisi". I feel your pain now!

The only thing I can figure is that your Complaint has an obvious defect. Perhaps you should be in State Court?

You mentioned there were two defendants but you are only telling us what ONE of them is doing. What is going on with the other one? Any chance that relief cannot be granted because of something that involves the absent defendant?

I suggest you try to get a Georgia attorney to look over the Complaint, find the defect and/or advise you on your next move. You should be able to get such advice from someone as “unbundled services”. Unless your complaint is long and complicated, it shouldn’t cost you that much.

Please return and share what you learn with us!

I did check on the proper court. One of my demands in the complaint is for specific performance which is an equity issue. The Superior Court has exclusive jurisdiction over equity claims. State court does not. ( I hope!)

 

[badapple40]

Good Morning, and thank you:

Update ... I called a friend and they obtained copies of the filings for me and faxed them.

Certificate of service indicated that they were mailed to me .... they were not .... but I see no way to prove that.

Defendants attorney filed motion to dismiss and a Rule Nisi. The motion is 3 simple statements and the "rule nisi" just says I have to appear at the court .... which is 400 miles away, on date certain. How can I object to this as it serves no purpose except to be a burden on me.

I am originally from Alaska and I have been involved in civil litigation 2 times there. I have never heard of this Rule nisi and I have never had to go to a hearing to show cause. This makes no sense to me. My coach is in Virginia where I am now. This Rule nisi is not used here either. It appears to be a local thing designed by the court for pro se litigants. Is this correct?

I sold a party property in Alaska and have a written sales agreement. The party gave me a bad check for $10,000 as earnest money. There is a criminal case for the bad check issue now.

He claims that since he did not tender the earnest money that the contract is void because that was a condition precedent to the contract. I say that is bunk and I can fight that out in court. The Alaska court (judge friend) quietly advised me that it would be best to file the civil suit in either VA or GA since The AK court would likely require it because of the location of the parties. I agreed and filed it in GA where defendant resides. Not I get this rule nisi business and defendants attorney who apparently knows how to make me jump through a bunch of unnecessary hoops. I know attorney and courts don't like pro se litigants, but I can not afford to peruse this with an attorney ... hence a coach.

So how can I get this court and attorney to play the game normally and get rid of this rule nisi stuff which I do not understand. It does not seem correct that a 3 line statement for a motion to dismiss should require me to travel 800 miles and spend 3 days to chit chat about. There needs to be some argument and discussion which can easily be done by motion and memorandum. How should I proceed on this?

Thanks again

Why don't you call/file a motion asking that for the purpose of any hearings, you be allowed to appear telephonically. They should be amenable to this. Of course, federal courts are better about this than are state courts. Heck, I've done oral arguments at federal circuit court of appeals over the phone.

 

[Rexlan]

Why don't you call/file a motion asking that for the purpose of any hearings, you be allowed to appear telephonically. They should be amenable to this. Of course, federal courts are better about this than are state courts. Heck, I've done oral arguments at federal circuit court of appeals over the phone.

This action is in Georgia.

I will certainly try this; however, some help in styling the language would be helpful. How would I object to the rule nisi being ordered?

The uniform rules of superior court say that all motions are to be heard without oral argument unless requested and they are to be supported by memorandum. They also say that a motion to dismiss is the same as a summary motion and it is to be treated as the same.

I have prepared an answer to the motion to dismiss basically repeating what is already in the complaint. Defendants motion is simply statements that no venue, no personal jurisdiction and not claim. No supporting argument or reason.

The clerk then issues a Rule nisi which requires me to go to the court to show cause why this motion should not be granted. This seems to be the reverse of how this should work.

I also prepared a motion for more particular statement.

Do I need to file some form of notice of motion or notice of hearing or a rule nisi thing with my motion?

Thanks for the help.

 

[stevek3]

This action is in Georgia.

I will certainly try this; however, some help in styling the language would be helpful. How would I object to the rule nisi being ordered?

The uniform rules of superior court say that all motions are to be heard without oral argument unless requested and they are to be supported by memorandum. They also say that a motion to dismiss is the same as a summary motion and it is to be treated as the same.

I have prepared an answer to the motion to dismiss basically repeating what is already in the complaint. Defendants motion is simply statements that no venue, no personal jurisdiction and not claim. No supporting argument or reason.

The clerk then issues a Rule nisi which requires me to go to the court to show cause why this motion should not be granted. This seems to be the reverse of how this should work.

I also prepared a motion for more particular statement.

Do I need to file some form of notice of motion or notice of hearing or a rule nisi thing with my motion?

Thanks for the help.

What is the amount of the claim, and how much of the claim do you seriously believe will ever end up in your pants pocket? Count up all of the otherwise productive time you're now wasting and will continue to waste. This is time you'll never get back. Ever. Pro se litigants almost always use their hearts, not their heads. If you maintain the very foolish "it's the principle of the thing" attitude, your work will result in nothing less than a broken heart and a bald head.

 

[Rexlan]

What is the amount of the claim, and how much of the claim do you seriously believe will ever end up in your pants pocket? Count up all of the otherwise productive time you're now wasting and will continue to waste. This is time you'll never get back. Ever. Pro se litigants almost always use their hearts, not their heads. If you maintain the very foolish "it's the principle of the thing" attitude, your work will result in nothing less than a broken heart and a bald head.

The specific performance portion of the claim is worth $140,000 and if I drop it is worth ZERO.

It is always worth spanking some smart assed courts' attitude about a pro se litigant but it is even more fun to win. I, like most others, cannot afford my principles so I only strive to recover what I am owed.

Next you say probably get a lawyer .... then 0 in the pocket when it is done .... been there before and I am not interested.

I have a coach and I am hoping to find just some good, logical, advice here from folks with real experience in a similar situation.

 

[stevek3]

The specific performance portion of the claim is worth $140,000 and if I drop it is worth ZERO.

It is always worth spanking some smart assed courts' attitude about a pro se litigant but it is even more fun to win. I, like most others, cannot afford my principles so I only strive to recover what I am owed.

Next you say probably get a lawyer .... then 0 in the pocket when it is done .... been there before and I am not interested.

I have a coach and I am hoping to find just some good, logical, advice here from folks with real experience in a similar situation.

Your last sentence is PRECISELY the reason I'm advising you to find something else to do. I DO have real experience in similar situations. I wasn't always an aging 40-something guy. In my younger days, I used to carry on similar legal fights. All of the time. You finally learn and grasp the plain reality that being a pro se plaintiff is synonymous with being a total IDIOT. It is totally self-defeating. You simply cannot fight both the opposition and the system alone.

To further compound matters, you are being extremely foolish to be fighting your battle in another state. I once commuted from Ohio to Boston for over two freakin' years. Looking back, it was imbecilic. WHAT WAS I THINKING? You might as well be fighting your legal battles in Vietnam. I really don't see the difference. Can't you see you're fighting them on THEIR turf? I can't tell you how many lawyers are totally lost because of their sheer cluelessness of the rules and the nuances of other courts in their very own state. That's why many lawyers don't even practice outside their own COUNTY. Right now, your opposition has an incredibly strong home field advantage, they will make a point to use that advantage, and there is not a damn thing you can do about it.

A legal "coach?" It means nothing. You do not have the money, the manpower, the experience or the talent. Your opposition does. No disrespect, but I know exactly where this is heading. I don't mean to burst your bubble, but the entire experience itself is going to make your bubble burst. No, make that explode. The lower court proceedings are going to take forever, and it may not stop there. They are going to wear you down. And, when they are not wearing you down, you are going to wear yourself down.

You're out-of-state? Tough titty. (That's a legal phrase). There is no way the court is going to repeatedly conduct conferences and hearings by telephone. YOU filed the suit. That is the burden you bear. The court is NOT going to make special exceptions for you. Therefore, you'd better get on Craigslist and find yourself a rideshare. There's going to be a lot of driving.

You're totally outmanned and totally overmatched. That's just the way the game is played. Go to Europe. Go to Disney World. Just get yourself outta Dodge, Georgia while you can still get out relatively unscathed.

I guarantee that five years from now, you'd sit down with me at a bar and say, "Ya know, you were right." Right now, I'm marking December 15, 2009 on my calendar. You do the same. You name the place. Since you're buying, make a note that I also like fried potato skins.

 

[Rexlan]

Your last sentence is PRECISELY the reason I'm advising you to find something else to do. I DO have real experience in similar situations. I wasn't always an aging 40-something guy. In my younger days, I used to carry on similar legal fights. All of the time. You finally learn and grasp the plain reality that being a pro se plaintiff is synonymous with being a total IDIOT. It is totally self-defeating. You simply cannot fight both the opposition and the system alone.

To further compound matters, you are being extremely foolish to be fighting your battle in another state. I once commuted from Ohio to Boston for over two freakin' years. Looking back, it was imbecilic. WHAT WAS I THINKING? You might as well be fighting your legal battles in Vietnam. I really don't see the difference. Can't you see you're fighting them on THEIR turf? I can't tell you how many lawyers are totally lost because of their sheer cluelessness of the rules and the nuances of other courts in their very own state. That's why many lawyers don't even practice outside their own COUNTY. Right now, your opposition has an incredibly strong home field advantage, they will make a point to use that advantage, and there is not a damn thing you can do about it.

A legal "coach?" It means nothing. You do not have the money, the manpower, the experience or the talent. Your opposition does. No disrespect, but I know exactly where this is heading. I don't mean to burst your bubble, but the entire experience itself is going to make your bubble burst. No, make that explode. The lower court proceedings are going to take forever, and it may not stop there. They are going to wear you down. And, when they are not wearing you down, you are going to wear yourself down.

You're out-of-state? Tough titty. (That's a legal phrase). There is no way the court is going to repeatedly conduct conferences and hearings by telephone. YOU filed the suit. That is the burden you bear. The court is NOT going to make special exceptions for you. Therefore, you'd better get on Craigslist and find yourself a rideshare. There's going to be a lot of driving.

You're totally outmanned and totally overmatched. That's just the way the game is played. Go to Europe. Go to Disney World. Just get yourself outta Dodge, Georgia while you can still get out relatively unscathed.

I guarantee that five years from now, you'd sit down with me at a bar and say, "Ya know, you were right." Right now, I'm marking December 15, 2009 on my calendar. You do the same. You name the place. Since you're buying, make a note that I also like fried potato skins.

Well presented and actually this could be factual.

However, I will play the game for a bit and see how it unfolds. At a minimum they will know I was there and they will soon learn that I can make them jump through a few hoops of my own and I am no fool. I am not a lawyer though.

I was in the Marines in Vietnam (1964-7) and that was also a long way from home. GA is just a jump over the hill!

 

[meganproser]

Thank you for serving Rex!

PS I'll send you an e as soon as my mail server gets back on line.

 

[stevek3]

Well presented and actually this could be factual.

However, I will play the game for a bit and see how it unfolds. At a minimum they will know I was there and they will soon learn that I can make them jump through a few hoops of my own and I am no fool. I am not a lawyer though.

I was in the Marines in Vietnam (1964-7) and that was also a long way from home. GA is just a jump over the hill!

It doesn't matter if you are a lawyer, it doesn't matter if you aren't a lawyer. Hell, I was still relatively young and already had my J.D. when I was doing all my moronic, stubborn, bullheaded pro se battles against everybody that I thought had wronged me. I thought my mind and my body could handle it all, no problem. Turns out I had no idea what I was up against. Nobody cares who you are, what you are, or what you're doing over there, nor does it really even matter. It is their turf and the battles never end. Representing yourself against a fortified and entrenched opposition totally overwhelms every part of your life. You eat, work and sleep the litigation. It is pure poison. Plain and simple. Get out while you can. The experience is going to kill you. Think of your enemy as the Viet Cong and the litigation as napalm. Take the first chopper out, and never look back. Otherwise, you'll be going home in a bodybag.