Incompetent Judge

[amommy]

What is the name of your state (only U.S. law)? Georgia

Been going through this for months now here is a summary (there is much more to this)
Credit collectors filed with state court. been going back and forth with facts and evidence.
Last thing they sent was a final judgment request for no genuine issues. They also included a copy of the original card member agreement which states the agreement falls under Delaware law.

I responded stating I want a trial. Also stating the account they FINALLY gave a number which is not mine and though I did have first usa account that is not the same. attached old statements. Also responded saying since it falls under Delaware law state of limitations passed year ago (I say last payment in 2002 on MY account they say 2003 on the account # their talking about with no proof) either way in Delaware it passed 3 years. Also if falls under Ga statute there is no proof of when last payment was made. They filed a month before they say this date was.

There were circumstances when I turned in my response. The clerk that is usually there wasn't and the lady there knew nothing and had to call her at home to figure things out.

Any way a few weeks later I get a letter from the court house. Judge signed the final judgment. I called and called till I got the judges # and asked his secretary to confirm he actually got my last response since a few days after I got the final judgment notice the attorney for the debt collector replied to my previous response to summary judgment. Now to me that seemed like the judge hastily signed the judgment not giving required time between each filing or never got my last response. Secretary said she would have him look into it. WE emailed each other back and forth many many time and each time she said he was busy or out of the office but the case is on his desk and he knows about it and he said he will get back to me.
Final judgment was signed on October 21. I contacted the judge again through email telling him it has been over a month since he signed it and that I have been waiting for almost a month for his reply. secretary replied, judge said we cannot give legal advice you must contact a lawyer. I was/am furious. Waiting a month and now the A hole tells me he won't even reply to whether or not he got everything on time and considered all finding.

The way I see it judge stalled me so I would run out of time from filing an appeal which, after talking to a friend of mine who does work for a lawyer said it would be overturned since it clearly states under Delaware law and she said judges hate when their cases get overturned in appeals. He deliberately stalled

I am typing really fast because I am HIGHLY PO'd right now so if I made too many errors I apologize.

What am I to do now? I want to sue the judge. I read that I can but not sure how. ALso How do I get another judge to look into my case and records as the one I had was an idiot without appealing as I really cannot afford anything at the moment since my husband got fired (more on that in another thread https://forum.freeadvice.com/workplace-injuries-worker-s-compensation-32/sue-last-employer-494341.html)
Also is there a way to counter sue the debt collector for wasting my time and the courts time knowing the account is past statute. I know it falls under Delaware law I have asked many people and if they do not accept the Delaware law clause then the whole policy should not be accepted including assignment.

I am desperate. Please help any advice. Thanks

 

[amommy]

Complaint for injunctive relief.

As a last step, you file suit against the adverse parties back in the Georgia Courts, to obtain injunctive relief enforcing the Delaware injunction. If the debt collector does not have his office in the same County you live in, at least you won't be ending up in front of the same Judge that issued the Summary Judgment against you in the first place. You could also just move out of Georgia and put some distance between you and their court system.

Thank you haplesshome45
Just wondering if you can point me int he right direction (link or something) on how I can file injunction in Delaware and the layout. I searched and really cannot find anything relating to my case.
Thanks

 

[Antigone*]

No legal advice here, just want you to realize that if you want help from any senior member here knowledgable enough to help you out, you will edit your post. Removing the emotion and bitterness from your posting will be a good start.

You do realize that you have come to a legal community where business professionals, lawyers, judges, and the like volunteer to help people like you. When you slam a member of the legal community as you did, we tend to decide that your situation isn't worth the effort.

..I'm just sayin

 

[Mass_Shyster]

It sounds as if the answer to the complaint was not properly filed.

 

[garrula lingua]

OP,
When you filed your response, did the clerk give you a file-stamped/conformed copy of your paperwork?
If so, check the court file and ensure that all conformed copies you have are in the court file.
File the appeal in Georgia, even if untimely.
Advise, in your submission, exactly what happened.

There is a Judicial Council which governs Judge's behavior, and can sanction/reprimand them for inappropriate acts. From your statements, it appears the Judge/his staff, was possibly communicating with you ex parte, and they should not have - they should have returned, to you, or left in the court file, unopened, any correspondence which was not shared/served on the opposing party.
It was inappropriate to communicate with the Judge's secretary, in an effort to speak with the Judge - any communication should have been done by Motion, with a copy to opposing counsel, to allow them to respond.

I'm not sure if you had any Motion pending (conformed copy?) when the Judge entered a final decision. If, indeed, a Motion was pending, that may have been inproper to enter a final decision.

File an appeal - in Georgia. Even if inartful, it will document what happened.
Report any judicial inproprieties to the Council on Judicial Conduct.

How much money are you talking about ?

 

[dfromnyli]

Okay there are a MYRIAD of issues here I am only going to address a two of them...

Number 1: the choice of law provision in the consumer agreement. If you want to use this as your central argument in getting the case dismissed just for your information you will probably have to pass what is called a "most significant relationship test." This is one of the real gray areas in the law regarding consumer debt because many different states have had many different rulings in similiar situations. To the best of my knowledge I do not know if this particular issue has reached the Superior Court of GA yet so I do not think there is any case law.

Number 2: Your communications with the judge and the judges secretary was completely innapropriate. I know that you being a lay person might not have understood this, but communicating with you in such an ex parte manner was unethical and wrong on the part of the judges chambers and yourself. The Judge was 100% correct when he told you he cannot give legal advice and you should seek the help of an attorney. The plaintiff in the case should not have to deal with any surprises, every single word/email you had with the judges chambers should have also been forwarded to plaintiffs attorney.

 

[amommy]

garrula lingua
Thank you for your reply.
How much money? Not really much under normal circumstances, which would be having an income. But since my husband lost his job/dealing with workmans comp/ and practically disabled and the only money we currently get is from my VA advisability and school FA. any money is a lot.
Even if it were $100, I don't know who these people are nor what account they are talking about.

dfromnyli
Thank You

Your communications with the judge and the judges secretary was completely inappropriate.

If lawyers can talk to a judge why can't a person representing themselves. All I wanted to know is if he did get my last submission and possibly why he still made that decision. But they gave me the run around. I did not want any legal advice from him.

Antigone*of*Greece
Thanks I removed the icon. but the judge is as I stated. That's actually a lot nicer than what I really wanted to write.

Stevef
My thoughts exactly

haplesshome45
I think you are wonderful and it is a blessing to have people like you to help out the little clueless people