Pro Se Litigation Strategy II

Source: Yahoo Group, Legal_Self_Representation

We will start with the opposing lawyer: his most obvious motivation is to maximie his billings in which we truly wish him
every success! "f he represents a corporation an# that corporation has been a client of that Law $irm for a perio# of time an#
is a significant source of revenue, his far greater priority woul# be not to
lose that client! Losing to a %ro Se amateur woul# most li&ely mean losing that big client! 'his means that
when face# with well prepare# %ro Se litigant who has a goo# case they may well try to fee# the (lient some legal mumbo)
*umbo garbage to tal& the (lient into settling the lawsuit early on! "nitially though, they usually come very coc&y an#
accor#ingly very unprepare#! When they are face# with sharp, an# well prepare# %ro Se litigant it may become +uite
entertaining! Some of them never learn an# base# on their pre)conceive# notions continue to un#erestimate the %ro Se
litigant allowing themselves liberties against the Rules of %roce#ure, lying in their filings etc! 'hat may put you into position to
file a ,otion for Sanctions wherein you-# usually as& for a fine an# #isallowance of use of his supporting evi#ence. all of it or
partial #epen#ing on circumstances also this ma&es them a li&ely can#i#ate for (omplaint to /isciplinary 0oar#1usually it-s
incorporate# into the 2ppellate (ourt3! "f ,otion for Sanctions is grante# an# use of evi#ence is #enie# ) they cannot support
their case an# you can finish them off now thru a ,otion for Summary 4u#gement! "f you are planning to file a #isciplinary
complaint, it ma&es sense of course to first let them &now that you may be $5R(6/ to #o that1obviously you are 7686R
threatening ) unfortunately the circumstances9their actions compel9force you to consi#er #oing this3, but suggesting that they
try a more constructive way to resolve this #ispute, as a settlement of the lawsuit woul# remove any nee# for you to pursue a
(omplaint! 2s far as lying in their filings is concerne#. :as this was file# by an# thru their attorney who is an 5fficer of the
(ourt an# &new or shoul# have &nown that such an# such
claims are false. thus this amounts to $rau# upon the (ourt:! $rau# upon the (ourt is when the operation of the (ourt itself
or its ,ember95fficer is corrupte# an# ma&es all or#ers9*u#gements by the court in that matter null an# voi#! ,ere per*ury by
a witness is not $rau# upon the (ourt unless such per*ury was suborne#9specifically re+ueste# by their lawyer who is
consi#ere# an 5fficer of the (ourt! 10y the way $rau# by either si#e in the performance of a (ontract ma&es that (ontract
voi# ) same logic!3 "f it is a State or $e#eral Lawyer they are not normally expecte# to lose by their superiors ) perio#! 'heir
salaries are far less then what a goo# lawyer in private practice may get ) that means they are not as goo# or else they
woul# be in private practice! "t appears that their offices- fun#ing an# staffing levels are contingent on the litigation wor&loa#,
in fact "-m sure they sometimes bill other governmental agencies for whom they wor&! 'hat means their behavior is
sometimes eerily resembling that of a private lawyer trying to maximie his billings, but they are not concerne# about losing
their client! Losing their *obs is a #ifferent story! Since most of them evi#ently are me#iocre lawyers who are nonetheless not
expecte# to lose they nee# to create at least the appearance of success by whatever means! "n my opinion, one of these
means is the incre#ible pervasive lying even to other governmental agencies! 2nother feature, in my opinion, is no concern
for cost of litigation until you remin# them of the existence of the 5ffice of the "nspector General which among other things
investigates reports of wasteful spen#ing by governmental agencies! So if the litigation was about ;<=>>> an# they incurre#
legal costs approaching or excee#ing that amount their position becomes very +uestionnable! 5ffices of the "nspector
General may be #epartment specific for State or $e#eral /epartments such as ?S /ept! of 4ustice or overall for all of the
State of $e#eral Govt! 'hey may be fin#able on the 7et1the $e#eral ones are32lso you can file a (omplaint with the 5ffice of
%rofessional Responsibility of the ?S /epartment of 4ustice "$ your complaint is about the allege# actions of a $e#eral
Lawyer, although it woul# be better to as& your frien#ly State9Local 6lecte# 5fficial to file such a complaint on your behalf )
they routinely #o that! 7ow, the 4u#ge ) their biggest concern is to move the cases thru the #oc&et thru whatever means! "f
you start expan#ing the case by means of filing appeals ) you are not en#earing yourself to the *u#ge who will have to now
write thorough an# lengthy opinions for the superior court! 'he superior court is not going to li&e the extra wor& generate#
from a case han#le# by a particular *u#ge an# woul# expect him to resolve it! 2 *u#ge #oes not want to antagonie the
superior court on which he li&ely hopes to sit one #ay!
2ntagoniing that court won-t help it, but will increase the chances of reversal on appeal for #ecisions by that lower court
*u#ge! So the *u#ge has the incentive to apply pressure to have the case settle#: he has no leverage versus a %ro Se litigant,
but when it comes to a lawyer who will be facing that *u#ge again an# again in the future it-s a #ifferent story!!!"f your
opposing party is the State 2gency96mployee in State (ourt or $e#eral 2gency96mployee in $e#eral (ourt you can expect
the (ourt to basically si#e with the opposing party to the point of a *u#ge arguing the case for that opposing governmental
party in his opinions accompanying 5r#ers9Rulings1but not if you sue State 2gency9employee in $e#eral (ourt or vice versa3
@$e#eral 2gencies96mployees often have immunity against State lawsuits9prosecutions but only when performance of their
$e#eral #uties force# them to violate the State Law! 6xample: when $e#eral postal truc& #rivers trie# to claim immunity
against local tic&ets that #i# not fly ) they #i# not have to violate State traffic laws in performance of their #utiesA! 0ut that too
has some limits ) few *u#ges see themselves as merely rubber stamps for the State or $e#eral Government! 'he 5pposing
%arty1or 2#verse %arty3) their situation becomes more #ifficult once you file 2ppeal1s3 ) the higher the (ourt the fewer
lawyers meet the re+uirements for a#mission to it an# the har#er it is for the 5pposing %arty to even fin# a lawyer to #o the
2ppellate wor& an# the more they will li&ely have to pay such lawyer! "n#epen#ently of the 2ppeal you may file a :,otion to
Reconsi#er: with the lower (ourt base# on new evi#ence or misrepresentation or frau# upon the (ourt by the a#verse party
1see Rules of %roce#ure usually no later than a year after original ver#ict9or#er3 an# shoul# that ,otion be #enie# ) you can
file another 2ppeal thereby visiting still more feelings of :*oy: on the a#verse party! %rocee#ing in $orma %auperis: if you are
unemploye# of otherwise thin& you might +ualify you may %etition the (ourt to %rocee# in
$orma %auperis ) the (ler&s usually have forms for it! ,y impression though is that you may get some cut rate *ustice for the
poor if you #o that, while it will allow you to save on the filing fee an# a number of copies! " believe the best use for it is when
you face a #ea#line to file 1statute of limitations or B> #ays to file appeal, but not sure that you will actually have to
procee#1settlement #iscussions un#erway3 an# thus see no reason to pay a filing fee when filing the initial 7otice of 2ppeal
for example! You probably are soli# mi##le class, but the well)pai# 4u#ge may often see things #ifferently an# actually grant
that petition!
5nce you are thus officially categorie# as a pauper, if you are a /efen#ant you can for instance write to the %laintiff1perhaps
bypassing their lawyer3 an# express pulement as to why their lawyer continues to press on with a lawsuit against a pauper
while billing them for the all the costs he incurs!!!"-m sure if later on you change your min# an# insist on leaving the $orma
%auperis status paying the filing fee etc the (ourt will let you!
2 bit more on services available from the (ourts: higher 2ppellate (ourts often have (ase ,anagers to gui#e you thru
proce#ural matters an# also Staff 2ttorneys for you to consult with mostly about %roce#ural matters9issues! What ,otion can
you file in such an# such circumstances, woul# the (ourt allow supplemental recor# to be file# at this stage etc! "n case of a
%ro Se litigant bringing a (ivil Rights Lawsuit1violation of constitutional rights3 the Staff 2ttorneys for $e#eral (ourts are
re+uire# to help at no charge! 2lso the (ourts often offer me#iation services thru me#iation program! "f your opposing party-s
lawyer is not respon#ing to offer of me#iation the issue can be ma#e1with his client3 as to whether he is
intereste# in fin#ing a solution while sparing his client unnecesary expense!

Defense Against Debt Collectors
Most people facing foreclosure also have to deal with unpaid credit card bills and other unsecured debts. Federal
law protects you against abusive collection practices.
If you do not wish to be contacted by collection agencies you have the right to re!uest that they stop. "ou should
send all corresponses via certified #ail with returned receipt re!uested. $he golden rule in debt collection
#itigation is to never tal% to the# by phone& insist that all co##unications #ust be done in writing. $hat strategy
prevents verbal abuses and give you control over the situation.
'nce you receive a debt collection letter you have () days to re!uest the validation of the debt. In that letter you
can also re!uest that all phone co##unications #ust cease.
*se the sa#ple Debt +alidation Letter below.
,ane Doe
-.(/ Main Street
Anytown *SA
D01$ C'LL0C$'2 I3C.
-.(/ Scu# 2d.
Meantown *SA

Date4 )56)76.))8
S03$ +IA 209IS$02 MAIL : 7)5);-.(/;-.(/
20$*230D 20C0IP$ 20<*0S$0D
2e4 Acct : -.(/=>7>7
$o ?ho# It May Concern4
$his letter is being sent to you in response to a notice sent to #e on August )- .))8. 1e advised that pursuant to
the Fair Debt Collection Practices Act -= *SC ->5.g Sec. 8)5 @bA your clai# is disputed and validation is
re!uested.
I respectfully re!uest that your office provide #e with evidence that I have any legal obligation to pay this alleged
debt.
Please provide #e with the following4
-. ?hat the #oney you say I owe is for&
.. 0Bplain and show #e how you calculated what you say I owe&
(. Provide #e with copies of any papers that show I agreed to pay what you say I owe&
/. Identify the original creditor&
=. Show #e that you are licensed to collect in #y state&
>. Provide #e with your license nu#bers and 2egistered Agent&
At this ti#e I will also infor# you that if your office have reported invalidated infor#ation to any of the ( #aCor
Credit 1ureaus @0!uifaB 0Bperian or $rans*nionA this action #ight constitute fraud under both Federal and State
Laws.
Also during this validation period if any action is ta%en which could be considered detri#ental to any of #y
credit reports I will consult with #y legal counsel for suit. $his includes any listing any infor#ation to a credit
reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there
is no provided proof that it is.
If your office fail to respond to this validation re!uest within () days fro# the date of your receipt all references
to this account #ust be deleted and co#pletely re#oved fro# #y credit file and a copy of such deletion re!uest
shall be sent to #e i##ediately.
I a# also re!uesting that no telephone contact be #ade by your office to #y ho#e cell phone or to #y place of
e#ploy#ent. If your office atte#pt telephone co##unication with #e including but not li#ited to co#puter
generated calls and calls or correspondence sent to or with any third parties it will be considered harass#ent and I
shall see% legal re#edy. All future co##unications with #e M*S$ be done in writing and sent to the address
noted in this letter by *SPS.
1est 2egards
,ane Doe

'nce they receive the debt validation letter debt collectors #ust verify the debt and stop all phone
co##unications. If they persist on calling ta%e note of the date ti#e and phone nu#ber of each call.
File a co#plaint with your state Attorney 9eneral and sue the# in Federal court for da#ages.
So#e debt collectors #ay select to sue you in state court for the debt. If you receive a co#plaint do not ignore it.
Pro#ptly file an answer disputing the debt and re!uest the '2I9I3AL contract. $he rule of evidence applies& the
burden is on the# to prove their case. In #ost cases they only have copies and cannot provide the original contract.
$he big #ista%e #ost people #a%e is to si#ply ignore the co#plaint.