Posted on Aug 3, 2018
Do RP Members realize that active duty military owning their own business can circumvent paying court ordered judgements?
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PLEASE don't do this. I filed a civil action against a landscaper to recover $1400. He presented me through my filing agency a document that advised if the defendant was active duty and a judgement was issued against him, he did not have to pay the judgement and it would not be accessed against his credit history. This is how I found out that public support for veteran-owned and active-duty owned businesses is low to nonexistent.
COL Mikel J. Burroughs , LTC Stephen F. , PO1 William "Chip" Nagel , Cynthia Croft , SP5 Mark Kuzinski , Capt Dwayne Conyers , Lt Col Charlie Brown , SGT Gregory Lawritson
COL Mikel J. Burroughs , LTC Stephen F. , PO1 William "Chip" Nagel , Cynthia Croft , SP5 Mark Kuzinski , Capt Dwayne Conyers , Lt Col Charlie Brown , SGT Gregory Lawritson
Posted in these groups: U.S. District Court
Independent Contractor
Independent Contractor
Posted 6 y ago
Responses: 2
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I am not an attorney, but I'm pretty sure the document he presented is not correct. Is it a court document, or an argument presented by his represntation? The relief comes from the Soldiers' and Sailors' Civil Relief Act (SCRA) it stops the litigation and puts it on hold.
"[The defendant] must provide to the court a signed statement by the service member's commanding officer specifying that the member is on active duty and stating that the duty will materially affect his or her ability to defend against the law suit for a specified period of time, during which leave is not available. The SCRA entitles the service member to an automatic mandatory 90-day stay of proceedings. After that, an extended, discretionary stay may be allowed if a commanding officer's statement indicates that continued military duty prevents the member's ability to defend. At that point the court must either allow the extended stay of the law suit, or else appoint counsel to protect the service person's rights.
The SCRA offers no relief once a judgment has been reached. As I read this, the service member is not covered if a judgment has been issued and he needs to pay up. Failure to make good faith efforts to pay up may and should lead to contempt of court actions.
https://www.avvo.com/legal-guides/ugc/how-to-stop-a-civil-law-suit-when-someone-is-on-active-military-duty
"[The defendant] must provide to the court a signed statement by the service member's commanding officer specifying that the member is on active duty and stating that the duty will materially affect his or her ability to defend against the law suit for a specified period of time, during which leave is not available. The SCRA entitles the service member to an automatic mandatory 90-day stay of proceedings. After that, an extended, discretionary stay may be allowed if a commanding officer's statement indicates that continued military duty prevents the member's ability to defend. At that point the court must either allow the extended stay of the law suit, or else appoint counsel to protect the service person's rights.
The SCRA offers no relief once a judgment has been reached. As I read this, the service member is not covered if a judgment has been issued and he needs to pay up. Failure to make good faith efforts to pay up may and should lead to contempt of court actions.
https://www.avvo.com/legal-guides/ugc/how-to-stop-a-civil-law-suit-when-someone-is-on-active-military-duty
How To Stop A Civil Law Suit When Someone Is On Active Military Duty
Where a civil law suit comes up, suit papers are filed, or a pending case requires attention, the fact that one of the parties is serving the country should not be used against them in court. There is protection for folks who are in the service, deployed on official duty. It's ...
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PO3 Phyllis Maynard
Maj John Bell I am not an attorney either, for sure not. But, I am stating how the SCRA was applied by the Magistrate. Upon my appealing the decision to Civil District Court to address that and the decision the action by me was dismissed because Judges have too much power to do what they want on the bench. And so, that is why the next step is NC Court of Appeals to challenge the error in application of the SCRA by the Magistrate, the Judge throwing out all of my evidence, the Judge guiding the defense attorney how to impede him from allowing me to talk about how the document was used that affected the Civil District Court Action.
To reflect back on what I said in my original post the population of people are elderly, poor, and uneducated and the lawyers and some judges feed on that, which is why I did not throw my money away on an attorney. Once a judge applys a ruling, right or wrong - ME the party has to move along to an appeal. So the corrupt move between the civil court judge and the defense lawyer ( violating my right to have ample 30 day notice to address the issue and denying my motion that sufficient time was not allowed for me to respond was shot down by the judge) and every bit of testimony challenging the misuse and application of the law was "substained" by the Judge thereby dismissing my case and making moot the trickery with the SCRA. JUDGES have a great deal of power, but the Judicial Review Commission is an option. Here again, that community will want to protect their own if possible. One really does have to pay for justice and at times all of the corruption and stonewalling sends good attorneys packing. CAN YOU BELIEVE out of 3 attorneys contacted neither will take my case to the NC Courts of Appeals after hearing the specifics. I will have to look in the capital city to even talk to a lawyer that will go to the appeallate court. Exposing errors exposes corruption.
To reflect back on what I said in my original post the population of people are elderly, poor, and uneducated and the lawyers and some judges feed on that, which is why I did not throw my money away on an attorney. Once a judge applys a ruling, right or wrong - ME the party has to move along to an appeal. So the corrupt move between the civil court judge and the defense lawyer ( violating my right to have ample 30 day notice to address the issue and denying my motion that sufficient time was not allowed for me to respond was shot down by the judge) and every bit of testimony challenging the misuse and application of the law was "substained" by the Judge thereby dismissing my case and making moot the trickery with the SCRA. JUDGES have a great deal of power, but the Judicial Review Commission is an option. Here again, that community will want to protect their own if possible. One really does have to pay for justice and at times all of the corruption and stonewalling sends good attorneys packing. CAN YOU BELIEVE out of 3 attorneys contacted neither will take my case to the NC Courts of Appeals after hearing the specifics. I will have to look in the capital city to even talk to a lawyer that will go to the appeallate court. Exposing errors exposes corruption.
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Maj John Bell
PO3 Phyllis Maynard - I do not know the specifics of your case. I have a friend who is an attorney and I will relay somethings he has told me in the past, in general, without knowing of your case.
Lawyers will turn down civil cases that are in their minds unwinnable because the plaintiff does not have a valid case. To take such a case puts their professional ethics in question.
Lawyers will turn down civil cases where the judgment will be less than their estimated fees. Once again, to take such a case puts their professional ethics in question.
Lawyers will turn down cases with a client who gives every indication of not accepting counsel's advice or of demanding counsel take an approach that is unwinnable. To take such a case puts their professional competency in question.
Lawyers will turn down civil cases that are in their minds unwinnable because the plaintiff does not have a valid case. To take such a case puts their professional ethics in question.
Lawyers will turn down civil cases where the judgment will be less than their estimated fees. Once again, to take such a case puts their professional ethics in question.
Lawyers will turn down cases with a client who gives every indication of not accepting counsel's advice or of demanding counsel take an approach that is unwinnable. To take such a case puts their professional competency in question.
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PO3 Phyllis Maynard
Maj John Bell precisely. I have 38 pictures and $1556 in receipts. The pictures show the defendant in the wrong, shows the new contractor rebuilding my protective berm, the receipts outline the work to be done, the documents and emails between myself and home advisor show an attempt to address what was done as he was listed with them through arbitration, the Secretary of State documents show his business being dissolved due to non compliance, and his attorney's letter refusing to turn over the discovery documents I requested that would have proven him operating through deception and fraud. Yes, this attorney took a bum case and had the help of the judge to suppress it all. And I prepared my own case and this lawyer needed a corrupt judge to beat me
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That should vary from state to state, never heard of it before. Need to see if it is a smoke screen
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