Re: Disqualifying a judge: was [tips_and_tricks] Restricted Appearance
- As previously mentioned, Tina's mother just wanted to settle
the foreclosure case by selling the house.
I submitted a "Judicial Notice And Demand For Settlement,"
accompanied by an affidavit in support of same. I have
not submitted that type of response before, in lieu of a
motion, so what form it was supposed to take escaped me.
The offer was to settle up with what was owed the bank,
but attorney fees only for the intial filing, not wanting
to pay for their inadequate efforts which failed to
properly set the complaint before the court.
I treated the Notice format like I would a motion.
Tina's initial motion to quash was stricken when she did not appear
10 days ago. In today's supporting affidavit, it stated that there
was no evidence that the court sustained or overruled the initial
motion, as the court "shall" do at the time. (per statute)
It also included two references to lack of evidence that the
attorney had provided any proof to the court that there was proper
service, yet the court allowed the attorney to proceed.
This was to preserve for the record, a "bias" shown by the court
in favor of plaintiff.
This morning, the judge gave Tina another 28 days to respond
to the complaint, or not, and/or settle with the bank with a sale
of the property. The judge did not strike the Judicial Notice
and Demand For Settlement, or the supporting affidavit, at the
prompting of the plaintiff attorney.
"No. I will let them stand for now."
The attorney was not sure of what to make of Tina's response,
nor was the judge, in some way. She said she would not treat
it as a response to the pleading, and that was it.
The Notice and affidavit seemed to be treated as a novelty.
Thanks for the previous repsonses to requests for direction.
I've been a long time subscriber to tips and tricks group and have read your posts with much interest. You seem to have a firm grasp on the legal/courtroom antics of these "actors"... I have been fighting a few cases, mostly in my capacity as an assistant exec for a very small family business (not my family's - I just work for them).
The most pressing case at the moment is up next week - December 27, 2006. Through a series of missed court dates and deadlines, our company has had a default judgment entered against us in small claims court. We're not trying to get out of paying anyone anything that we owe but we truly did not owe these jerks anything. Back in July when we learned of the default and the citation to discover assets, we filed a motion for lack of in personam jurisdiction - they were in another county and Illinois rules indicate that citations have to be done in the county of the defendant's resident.
Motions were up to be heard in October - it was cancelled. Now it's up 12/27/06... Do you have any ideas what we can do to dispose of this claim? Any idea at all, we'll try.
Thanks for your time.
Moisha Pippik <moishanb@...> wrote:
For starters, I don't believe in motions. I attribute the word motion to application/submission. This is asking for something, which can always be turned down. Simply eliminate the word motion in your document ie: CHALLENGE TO SUBJECT MATTER JURIDICTION