Posts filed under: ‘Court Of Appeals‘
Sometimes I just become so overjoyed that I can’t keep it to myself. And this is one of those times. I am suppose to be working on launching my website…which should be up this week. But I just couldn’t not before writing this blog…to tell you just how good God is to me.
I know that many many many people are currently facing foreclosure and until I started taking care of my parent’s property it really never mattered much to me. But following the passing of my father the 2 mortgage companies which had mortgages against our property put us into foreclosure. But not being on the mortgages the companies refused to tell me anything…and I was the only out of my 7 other siblings who felt our parent’s property was worth fighting for and eventually paying off.
But because my name is not on the loans for the mortgage (which of course it would not be…since the house belonged to my parents and it was their loan). So, the mortgage companies legally did not have to give me any information regarding my parent’s account…and for the most part that is what they did. They refused to share any information on their account with me…even though they knew that my parents were now both deceased. And the kind of information I wanted was a copy of the payment history of the entire loan and all other information concerning it…the whole history of mortgages.
Finally, CitiMortgage, one of the mortgage companies…the one with the highest balance and most difficult company to deal with…they sent me a copy of my parent’s mortgage. After going over the documents it showed that supposedly that mortgage had been refinanced in 1999. But my father by that time had been diagnosed as having Alzheimer’s. Besides his left hand shook badly…which meant that his signature would have been severely affected when he wrote. But that copy of the supposed mortgage refinanced by him showed no signs of a wobbly hand. And even if it had my father’s mental capacity being what it supposedly was at the time…he was not legally competent to enter into any such contractual agreement.
So, I filed papers disputing the foreclosure by CitiMortgage against my parent’s property based upon it being a false document…and as being such CitiMortgage’s foreclosure was being based upon a fraudulent document which would nullify that contract and halt their foreclosure based on the amount outstanding due to that document.
Well, after I don’t know how many months…and after receiving information from CitiFinancial that they were in possession of my parent’s property. I went back to court. Because CitiMortgage/CitiFinancial had failed to answer my complaint against them. So, I entered a default against them. Today, I received my notification that my default had been granted.
I cannot tell you how overjoyed I am. Through the grace and mercy of God…I had won. This decision totally knocks out a mortgage which added over a hundred thousand additional dollars onto my parent’s prior loan.
I knew in my heart that my father would have never placed an additional $100,000 of debt upon our property. That money was supposedly against a loan of nearly $30,000 at an interest rate of over $60,000 making CitiMortgage a mighty big winner in that contract. My father would have never done…and particularly since he had already had more money than the alleged near $30,000 the loan approved for…as he had more than that already in at least one of his several bank accounts. So, I went into court Pro-se as a heir to the estate of my father…and went to fight. But God fought that battle for me. And I cannot thank Him enough.
I wrote this blog because I know that many people are going through much of the same. It is very difficult trying to go to bed night after night…and not know whether or not tomorrow you will be deposed and kicked out into the streets…because some bank or mortgage company took over your home.
One of the biggest frauds going…happens when people in mortgage companies find out that there is a dispute among family members following the death of someone of whom they hold a loan against their property. This opens the door for all kinds of things to happen if the people or a person within the mortgage company is a distrustful crook…that might shock some. But it is very true…and not just with mortgage companies but lawyers also…anyone sitting in a position they see where they can take advantage of.
Anybody sitting in a position who can take advantage of such a situation many times does. Because they seize upon the family members lack of communication with one another and their inner turmoils and conflicts to keep the family members too busy at each other’s throat…and it allows the cheats the freedom to do whatever they will. It is for this reason that I asked to see the complete history of my parent’s mortgage from the initial mortgage on. For which I never got because they refused to release to me. Nor did any notices of court dates come to house regarding the foreclosure hearings.
By not getting those notices…the notices regarding the foreclosure hearings…I could not appear in court to defend my parent’s property. And since none of my other siblings cared…they didn’t go either. This meant that that by default the mortgage company won their foreclosure because nobody showed up on our side of the table…or who represented us in court.
I tell people all the time…the worst thing you can do in a court case…is not show up. By failing to show up the other side automatically wins. Give yourself a fighting chance. Show up and tell the judge your side of the story…you may be pleasantly surprised by the outcome. It could make a difference.
If you have been reading these blogs then you also know that I had entered a case in the Appellate Court.
Perhaps you are familiar with this…and are guilty of the same. Though I must say as a rule I am not a procrastinator…but for a couple of weeks I had been walking around with the letter from the Appellate Court unopened. I get tons of mail…and there are some pieces that I put off opening simply because I don’t want to think about it…and I am afraid of what it might be informing me of. This was the case regarding my default notification from the court and this letter from the Appellate Court…both of which I finally decided I couldn’t put it off any longer. So, I opened them up this morning.
It turned out I had been dreading good news from both courts. The notice I got from the Appellate Court was to inform me that I would not have argue orally our case before the judges. Though I had requested to do so…I really didn’t want to do it. But from where I stand nobody can better present my case than me…and particularly since when my son had gotten a lawyer…the lawyer told him to settle for $1,800. Our car had been totaled, my son suffered back injury (which still plagues him today)…and on top of that the repairs that the insurer of the other vehicle (the one that caused the accident) authorized were not sufficient considering the amount damage sustained to our vehicle.
So, I filed the papers myself…when you do this it is called “Pro-Se.” But it was not because of any of the reasons I have already listed that drove me to file suit. No, I filed because they had returned to my son a faulty automobile which could have killed him…and they didn’t care. The car shook…the bumper would fall off while he was driving…and at the time of the accident my son was away at college in a town which had no public transportation…not even cab service…which is why I had to buy him a car in the first place.
So, I filed suit in conjunction with my son against Allstate Insurance. And today I heard from the Appellate Court…because if you recall, also in a prior blog, I explained how my son had really won the case…but how the whole thing had been a set-up and ended up in front of a judge who was friendly with the other side. Don’t act shock to hear this…it happens everyday…watch LAW & ORDER. It is regular practice for lawyers to call the clerk’s office to find out which judge is in what court and when. And try to schedule their hearing before judges who are very lenient or favorable to them.
Had we lost our case in court fairly…I would have accepted that decision. But I could not knowing that we had not been unjustly treated and all our evidence and testimonies had been overlooked. So, I filed a Notice of Appeal…and to the Appeals Court we were a going.
One of the most involved documents I have ever had to put together was the legal brief that was required of the Appeals Courts. It was over 100 pages in length and required many hours of research in a local law library and several days of typing…but I did it. By the time our case finally got heard…following all the hearings for the various pre-hearing court dates for…Motions to be entered…and Mediation…etc..and all our travelling back and forth…many times when we barely had the money to go and come back. But we did it any ways by faith…over 900 miles each time.
Now, the notice from the Appeals Court today informed me that we would not have to present our case orally before the Appellate Court. I had covered everything so completely in that brief…and in great detail…including the court transcript to back up my statements. I am so happy that we do not have to go down and stand before them. Standing before several judges dressed in black robes…would have been a bit un-nerving for me. But if I had to…I would have done it. I had prepared myself to do it. Because from the on-set…I had not filed the papers to lose our court case. And I always knew it was just a matter of how much…because we had all the documentations, receipts, invoices, pictures etc. to prove our case. Many times in court just having truth on yourself is not enough…you must have hard evidence…and we had both truth and hard evidence. Then they next thing is to be capable of delivering that evidence before in a logical and as near legal manner as you can master.
I tell you this…because I do believe that if more people sued for wrongs and injustices…maybe some of us others would not have to. We live in an area where they want to make you feel guilty for having to sue. But believe me…many times a law suit is necessary to resolve many matters. The problem is most lawyers won’t take any cases that they believe they won’t make any money on…or that may tie them up for too long. This leaves those who can’t go into court for themselves with no choice but to drop the matter. And even I have had to decide whether or not something was a battle to fight or not.
I have not sued everybody…though my son and most of friends believe I have. But I have not. Some of them I have left for God to deal with. He can do things to them that I cannot.
This reminds me of a time when I was in grade school. While in the cafeteria one day just as I was about to sit down…this girl took her foot and snatched the stool from up under me. I fell flat…and everybody laughed at me.
I was so mad that I began praying to God to do something to the girl. And a couple of years later I realized he had. The girl is very unattractive…and I have always thought God did that to her because of me. Truly, I have. From that point on I have never prayed to God to take care of anybody else for me. I thought His punishment to her was a bit too harsh.
So, for the cases I decided not to pursue…I have just left it up to His discretion if He wants to do something about it or not. The Bible says…He rights every wrong.
But I will keep you posted on the Appellate Court decision.
The reason behind this blog is to encourage those of you who are facing foreclosure…or any other problem…legal or otherwise. Do not give up. Go back through your paperwork…there may be something in it which can turn your situation around. You may find a loop hole…lawyers use them all the time. But if they can so can you.
Always remember that God has the final word in all situations. And that He is faithful.
My parent’s property is still in foreclosure but now all the money paid on the property from the date of that refinance date that I disputed to present will have to be reverted to the old mortgage…and with interest.
The Bible is true…God is always working it out for our good. I am just so happy.
God is good. And I am so happy that he is a friend of mind.
As I have said in my other Black History Month posts…the reason I have not given you any information on the people that I list is so that you will be motivated to research who they are. This will prove to far more helpful to you…and to your ability to remember their accomplishments.
Well, God bless…
Thank you for reading this blog…and my others. Please be sure to continue to share this blog site with your family, co-workers and all your friends… “pass it on” www.bsmith101.wordpress.com ©2009
1 comment February 24, 2009
I have gone into court on many occasions and felt that I should have won where a Judge decided against me. In life there are many battles. Though we have to pick and choose our battles…as it is not possible to fight everything all of the time. And when fighting them…we always have to be prepared to loose.
Loosing is as much a part of the process as anything else. There are times in life when we loose and there will times in life when we win. It is a fact. And if you are in sales…they will tell you that ‘it is the law of averages’…meaning sooner or later either is bound to happen.
Bernice and Martin L. King III were recently in court with their brother Dexter who sued them to have their mother’s letters released to him. As he claimed his mother’s letters are part of his father’s estate. Since he negoiated a book deal for $1.4 million for his mother’s memoirs it stands to reason as to why he would want those letters to be in his possession.
At this particular hearing the Judge sided with little Dexter.
One of the best things the court has incorporated in it…is the appeal process. It is not often used as it can be a much harder battle…just preparing the proper paperwork and submitting it as the court requests it to be formatted can be overwhelming in of itself. But the state Court of Appeals are a near final step…you can always go back into court and ask the Judge to reconsider his discision by setting it aside. Which many times though you may get a court date, some Judges just won’t change their minds…not unless you really come up with some evidence which can really sway them to the other side…and that is provided that the Judge is willing to listen to it in the first place. Some Judges can be very difficult and quite hardnose.
Then, if you are still not satified because the Judge failed to change his mind, you may inform the court that you are going to appeal…and BAM! You submit the court with your Notice of Appeal. And you are on your way to the state court to appeal that decision, verdict or whatever the argument or contested matter is of that case.
Now, little Dexter has been busily selling off as much of the King estate as he can while lavashing himself with million dollar property in California…LA to be exact, as he desires to enter into the movie business ad plans on relocating. Well, he has pretty much actually done that…moved from Atlanta for the sandy beaches of LA. And also for the stage lights of the Hollywood sets…well, this not quite. What he doesn’t understand about the movie business…is that he looks too much like his father to make it in Hollywood. The only person he could possibly play would be his father…and I do understand the magic of make-up and all of that…and there are not enough movies being made about Dr. Martin L. King, Jr. to bring his son’s dream into reality.
The point I am making regarding casting of movies….Martin L. King’s face is known around the world. No one would belive or accept a character who looked like Dr. Martin L. King, Jr. as any one else outside of being Dr. Martin L. King, Jr.. In order for it to work his son would have to be able to beat Densel acting, where he could assume a role and make that role, or character come so alive in a way that in the viewing of the movie the audience didn’t see Dr. Martin L. King, Jr. but whatever character Denzel…I mean Dexter was playing. And that is not an easy task.
So, Dexter will never make it in LA as an actor…and you can tell him…I said it. If it were possible Yolanda King who studied drama and was an actor would have been able to find success in the business. But even as woman…she looked very much like her father. In a business where people suspend reality…it is hard to do that when you are looking into the face of Civil Rights icon and trying to imagine or see him as anything else but that Civil Rights icon…and that is exactly what Dr. Martin L. King, Jr. was, and still is…a Civil Rights icon.
The current letters which the court gave Dexter access to are letters written to their mother from their father during the Civil Rights Movement.
Because Rev. Bernice King is supposedly legally over their mother’s estate, it is interesting to me that the Judge would have awarded Dexter with that decision. And Dexter is in control of the Martin L. King, Jr. Center for Non-Violence and his father’s estate.
You have got to have the right lawyer or lawyers. And I am going to tell you something that lawyers hate. Sometimes you have to kick the lawyers to the curb and better go in fighting for yourself…if you have the skill and ability to do it.
Who better to represent you…than you?
But without the proper verbal skills or confidence…and the ability to restrain your emotions…you better not try it. At times in court I have been good…but during family matters I many times just break. Family stuff hurts.
I don’t think that I am all that confident…and believe me when you start standing in front of the Judge having to defend yourself it is even worst. They have terms…legal terms that will fly right over your head. And I should know…because a few of them have flown over mine.
There were times when I wish I had done or said that…at the time it came to me but I didn’t do it. Later afterwards…I could have kicked myself time and time again for not having done so…because it cost me the case. Or I wished I had been smarter.
The first case I ever won was a case I took into Small Claims Court. I had bought a car. The ad read ’great running condition’ etc…etc… And when I tested the car it ran beautifully. But the next day when I went back to pick it up and give them my money…the car never ran properly. I have no idea what it was…or what they did to it…but I ended up buying a beautiful looking vehicle…but mechanically it was not the vehicle I had tested.
I quickly found the newspaper ad and file my complaint in Small Claims. Small Claims Court is very much like Judge Judy’s show presents it to be. You stand up there and tell your side, show what you have to back it up…then the other side talks…and after a while the Judge ususally says you’ll receive your decision in the mail…whereas on TV…Judge Judy renders a decision during the show.
So, I presented my complaint before the Judge and I got my decision in the mail. And guess what?
The Judge was very nice to me. I had won. But I not only won my money back…but the Judge let me keep the car too. And those people who had sold me the car they paid me all of my money back sending me weekly amounts until I had totally received it all back. And I got the car fixed. It was a beautiful Bonneville convertible, 1968. I could not get out of the car without finding notes on from people interested in buying it from. But this ended being a very expense lesson for the people who sold me that car.
Judges as a rule are not that overwhelmingly kind or generous. So, for a very long time I walked around thinking how I was so smart because I had won…and won like that. But now I have come to realize…that I am not that smart at all…but just exceedingly blessed. I have a very dear and good friend who sits high and looks low…and sees and knows everything.
I never won that case. God did…He won it for me. And many times you go into court…you should really consider Him. I have had many different outcomes in court…but each one whether I have won them or lost them…I knew that God did it. If I didn’t win, I knew that there was something in that case that God desired to show me…or have me consider.
I almost always take everything as a learning experience. I may not always like the outcome of the set of events…but the lessons behind them have lead me not to do somethings again…or seek to do somethings a lot better. And each time I have always found that they were setting me up for the case…which oftentimes were bigger and more important…like our Appellate case in Carolina now.
The lawyers have a this saying, “Only a fool is his own lawyer.”
And unless you are a very quick learner and can adapt quickly…and also…this is a very important point…have the ability to speak up for yourself…and can be quiet while the Judge is talking or listening…unless you can do these things think twice of going into court ‘pro-se’…which means representing yourself. You have to be concise, to the point and extremely well thought out…and certainly able to prove your case for real evidence…whether a paper trail or bills or some type of contract etc… You must be able to prove your case. And need to definitely pick your fights.
And if it is a case that you get to make a decision as to whether the jury decides or the Judge…go jury. Twelve or 6 people give you a better chance at winning.
Recently, I had a case thrown out of court. I brought it against a local doctor and hospital here. I knew the probability of my winning the case was low…but I just could not let it go. For what that doctor did to me…he definitely deserved to be sued. And though I knew I was entering into a very steep up-hill battle…I decided to file my complaint any how. Which is what I did…because the way I figured it out even if I lost…and here is another point.
You have to really be careful at bringing a case that you might loose because the other side will turn around and levy all their court fees, lawyer fees and everything else they can against you. And you could end up having to pay a lot more than what you thought.
But I decided to go forward with my case against that doctor. The case never got very far because to get specialist and all of that costs money…but I knew one thing. I knew that all legal cases become public record…and that is what I sought to do. I knew I couldn’t probably win one way…but I got him the other way. My complaint against him was and is public record. Now, any lawyers seeking to bring a case against him and are looking for amunition against for another complaint…well, they will come upon my case and be able to read in full detail why I bought that law suit. That is why I did it.
We are hoping that everything works out well for the King Family with regard to their current battles. It is very difficult dealing with family matters. And not all times does the right or the truthful party win. But one thing is for sure God will work it out for your good.
God bless…and be encouraged all.
Talking about God. If you read my blog on my parent’s furnace almost exploding. Yes, I am suppose to be in cold…as the furnace is gone. But God gave my parents the wisdom not to have the heat and hot water tied into one. The hot water tank is separate…which mean I still have hot water. So, if I have to go through the winter without the furnace…I can. Because I still have electricity and I still have the stove.
So, God is soo soo good. And I cannot thank Him enough.
…pass it on…’ www.bsmith101.wordpress.com
…pass it on…’ www.bsmith101.wordpress.com
God bless…and thanks for reading ©2008
Add a comment November 6, 2008
Will the frustrations ever end?
Trying to get a document signed by the court so that it can be sent to another court.
What I hate is when you are talking to someone and they act like they can’t understand what you are saying to them. Or like when what you are asking them about is something that they do not do everyday…when it is.
I think that acting stupid on a job has become a thing a lot of people like to practice simply because they are not interested in helping anybody. And I hate to put it in those terms…but it is true.
I have gone into some offices where people literally don’t make eye contact with you…just to keep from having to get up and service someone at a counter waiting. This, however, is not always the case…and thank God it isn’t. Those people who are on top of their job…well, before you hit the counter they are already smiling and waiting for you to speak. I like those kind of people. And they are always helpful in servicing you…those we can call premium workers.
Here goes…and I want to know if you get this.
I send you a document and I tell you that I need to have it signed by the judge and entered into the record…meaning placed into our case file.
Now, you work for the court…have been a clerk there for years.
Don’t you think that you would understand what I was asking? Can’t be that hard…they get documents everyday that have to be signed by a judge and entered into the record.
So, why doesn’t anybody understand what I am saying…when I say it????
Since last week Wednesday I have been trying to get this document signed that I need to get back to the Appeals Court A.S.A.P…as soon as possible…for those of you who may not recognize the acronym. But no one seems to know what to do…or understand what needs to be done.
And my time is running out…quick…like yesterday.
I am informed that a little sugar goes a long ways.
Don’t you just love those old sayings?
We should endeavor to keep them. They are filled with much wisdom.
And besides throwing sugar into the pot…I got up praying on it this morning. Because I really need to get this done. Or our appeal of our case involving Allstate is out the window.
So, it all gets down to this one person…and God having to put a hand into our affair to motivate her to do what we need done. And get it done today…and in the mail today on it way to Raliegh…by tomorrow.
So, will you kindly pray with me…and for us.
Speaking of praying there is so much sickness going around. On Sunday I was back in New York visiting with my friend whom we believe is passing. Her body is swelling now…and I am not sure that she knew I was there.
Before leaving for New York…I recalled what I said in my last blog about not being a real friend to my college friend who had battled MS shortly after graduating. I recalled that when I wrote that blog, I stated that I had been weak and did nothing but cry when I was in her presence…and out of it as well. Her illness sadden me greatly…and I really couldn’t understand…’why her and not me?’
Before leaving for New York on Sunday, I decided that I was going to be strong and not cry…that I would not be weak when I went in to visit my friend whom believed was in the process of passing.
But when I got there…I cried nonetheless.
When my friend who had MS became ill…I was not saved. But I still understood the power of prayer.
I recall being at the radio station that I was working at in her town…and it was on a Sunday. I had been on the phone trying to talk with her…whom at this time I could barely understand at all. As a Pastor came into the radio studio…I was weeping over the phone…tears rolling down my face…and I asked him if he would please take the phone and say a prayer for my friend.
There have been times when I look back and wish I had gotten saved earlier…and that was one of the times. I would have loved to be able to share with my friend in the spirit of holiness…to have been able to pray for her myself instead of having to seek someone else out.
Well, I still haven’t found my Chinese book…so, I can’t share with you much…except for saying “wu papa mama“….which is the Chinese way of saying my parents or my father and mother. ‘Wu papa mama hao.‘ hao is pronounced ‘how‘….and I just finished saying that my parents are well. Hao is Chinese for good. And if I said…”Wu papa mama hao ma?” ….that would translate to “How are your parents?”
Slowly but surely you are dragging it out of me. But my Chinese Professor, “wu laoshi“…which is pronounced “looah sure“…meaning my teacher, professor, learned person…was fabulous. So good in fact that a group of us elected…and I do mean elected to continue to study under her for 3 semesters. She not only taught us just the language but customs and Chinese culture too. We…well, yes…I can say us…all of us…we came out of those classes well taught. And the funny part about it from the very first day…we were able to speak Chinese. ‘Ni hao’ and all of that came out our very first class. It was wonderful. Not to mention to be able to recognize and write the Chinese characters, as well.
Life is about learning.
Have they had any debates yet?
Since I don’t watch television, or pick up the newspaper…most of what I read…or see comes over the internet. So, I am not always abreast of everything.
I still say that politically it has been too quiet for the Presidential Election to nearly be around the corner. This only signifies to me that the Republicans are really working on something. They are not quiet for no reason.
The clock is ticking…and they most definitely are up to something. They (the Republicans) are like a bunch of bad kids in the back room. When it gets too quiet you have to get up and go check on them. Because when bad kids get too quiet it always means that they are up to something…and usually doing what they are not suppose to be doing.
And whatever it is that they are plotting…those Republicans…they know they have to come big and hard…or not come at all. Because the White House belongs to Obama…his name is all over it.
A friend was telling me that most libraries are suffering from the lack of people feeling a necessity to use them anymore due to the internet…being able to access all the information they want right in comfort of their homes and at their leisure.
He continued on to say that one day the need for libraries will really be no more as people become connected to the internet. As he was stating that most of the people who go into where he works…really only go in to use the computers.
I told him that this was not the case in New York City. In New York the libraries and museums are all a buzz of activity with droves of people utilizing their services. But then New Yokers are readers…they also enjoy taking advantage of all services provided to them for free. And why not? Because New York is very expensive…so if it is free…the parks…the museums…the libraries…whatever events…they are showing up and they will be there in droves.
And you know…that is the way it should be.
We should all feel that exact same way about facilities or services that are availed unto us either for free or for nominal amounts.
I would not say that I am cheap…but I do try to avail myself of things that are open to me that I feel I will enjoy, learn something or…I don’t know….maybe just cause it’s free…or doesn’t cost much.
I have had classes at the Learning Annex…a place in New York City which offers an array of fantastic classes on just about anything you have an interest in. And most of the time…well…back then those classes were just a little over $20.00 for the most part.
The first time I decided to learn about the web…I took classes at the Learning Annex to do it. My classes were usually one night sessions…where I met the guys who started About.com and all kinds of other people doing a variety of things. I took my first hmtl class at the Annex also…and my sailing classes…yes, I did say sailing…and I took them through the Learning Annex, as well.
In fact, I will never forget walking through the long underground corridors of the World Trade Center from the ‘A’ train…rushing to get breakfast at a busy greasy spoon sub-level World Trade Center restaurant…then rushing out a side door hoping I wasn’t late for my sailing class at the Manhattan Yacht Club. And I wasn’t.
It is funny but I have a fear of water. But I love looking at it.
I had been thinking about buying a sail boat…they look so beautiful. My passion for sail boats and wanting to own one I think comes from Chicago…and my many days on Lake Shore Drive just looking out on Lake Michigan. The water was so beautiful…but man…oh, man….those sail boats. I wish I had had a camera and thought to take pictures of it. It was just beautiful.
So, I decided to learn how to sail…ir-regardless of my fear of deep water.
This was my second class when I got out there on the boat…and there were about 3 or 4 of our class sail boats going out that day.
Sail boats sit very low on the water. So, with every wave and everything else you are feeling it. But it is funny out on that boat…in that choppy water of the Hudson River…I didn’t think about the depth of the water as I walked along the sides of the boat and aided with the sails.
They were relaying the message that John-John, John Kennedy had just died in a crash near the Cape in his plane. He had gone down into the sea.
I will never forget that day thinking that I was in the very same water that John’s airplane had gone down in. I thought it ironic that I was out there taking sailing classes in thoses waters that day.
That I should have been out there in that water on that very day sticks with me to this very day. I cried of course for him…because it sadden me deeply to know that he was now gone too.
I never went back for my third sailing class…in fact I tried to find somebody to take my place…as I had already paid for it. But when my instructor shouted to me-
“See you next week.”
I said, ”No…I don’t think so.”
And when he asked me why, I told him about my bouts of dizziness. And he told me I would get use to it.
That is when I commenced jokingly to tell him that his constitution and my constitution were made up of 2 different things.
There was no way I was going to ever going to get use to sailing. Let me say it again…there was no way that I was going to ever get use to sailing…and there was just no need for me trying to fool myself. I had done it twice…and each time had suffered the same after effect. It was like being sick to my stomach. While out on the boat I was fine…well, lets say I did a lot better out there the second time. But getting back on land…was a whole other story.
There went my sail boat…just like that.
I just didn’t like getting off the sail boat being overcome by everything going up and down as though I was still out on the water. I could barely walk…and it seemed that everything was spinning. And it took we a while before I would finally get back to being normal. It was like I was drunk or something.
No sea legs for me. And no sail boat either.
I am sorry sail boat…but I will just have to admire you from afar.
Well, God bless… One of my friends said I read your blog-
“Are you still taking your iron tablets?”
Well, I could definitely tell that she had been reading. And yes I am still taking my iron tablets…speaking of which I better do it right now while I’m thinking about it.
And one of my friends said to me-
“I hear you are going into the Rib business.”
And he told me I better add some fish to my menu. Now, I’m going to see if he is really reading these things. Because I told hi-
“I guess I could steam you some fish.”
But only if he brings it…along with some onions and green peppers. I’ll put it on. Now, I’m going to see if he is really reading my blogs. LOL… take care and have a beautiful day.
I have been doing some cleaning. And yesterday just bought the rest of the meats I need to open up my shop and get that grill going. But one thing…or a few things actually I don’t have…and again have run out of money. I didn’t get any bread or ice…or a container to serve our fresh squeezed lemonade from.
Oh, well…soon. And you will always be welcome to stop on by.
Don’t forget to share this blog address with all of your friends, family and anybody you just hate…but want to give them something to read. www.bsmith101.wordpress.com pass it on…and on…and on….
I like this video so much by Wanda, Jennette and Sheila (the Emotions)…actually it is the song that they are singing that I like…that I decided to…well, why not….
I have just received word that my friend whom we felt was in the process of passing…has passed. Thank you, Lord…for releasing her. ©2008
Add a comment August 5, 2008
Since purchasing my first computer I have found that I actually watch little TV…actually I watch no TV at all now. Not that I have ever been big on watching television in the first place…because I am always too busy. But growing up it was one of my favorite things to do. I sat in front of the television a lot watching ‘Gun Smoke’, ’Mission Impossible’, ’Secret Agent Man,’ ‘Julia,’ ‘Sanford and Son,’ etc…etc…the Saturday Afternoon Movies, the After School Movies, the Sunday Night Movies etc. Those were the days that TV actually had something on it. And today with over 100 channels to choose from it is very much not the case. Of all of those channels that you have to choose from you still can’t find anything good to watch…except maybe re-runs and old television shows…and network TV…which doesn’t offer very much any more either.
So, then what are you wasting all your money on?
Which is why I have really never had cable. If I bought cable I would have to sit in front of the television all of time just so I could feel I was getting my money’s worth. As shameful as it may be, I am that kind of person. I need to feel I’m getting my money’s worth.
While my son was going to school in North Carolina, I had gone down to visit him which is something I did usually once a month…just to double check that he was taking care of all of his bills. As I had to get him an apartment since his campus didn’t have any dorms…which meant that he had for the first time in his life he had utility bills and rent to be paid among other things.
So, I would go down to make sure that everything was being taken care of…which really is something you should do when your children are just graduating from high school and going off on their own for the first time in their life…as was the case of my son. Because for one thing…since they never had to pay for anything…particularly bills…they start off not being very good at tending to their priorities. Which really was the same way we were growing up.
While down in North Carolina on this particular trip, my son took me to some buffet where you could eat all you could eat. It was some place that he liked but I thought it was a bit high. And if you know about buffets…for some reason or other after spending all that money you find out that you really aren’t very hungry. Then there is this other thing too…for some reason these places all seem to have the very best bread on the planet. So, you sit and sit…eating bread…and lots of it. So, by the time it comes to the food you have no place to put it.
But this place was expensive…and I just was not going out like that. I had spent all that money and I felt that I needed to at least eat my money’s worth. If I had had a couple of plastic bags on me things might have been very different…I would have eased some food into the bags and taken it home…but I didn’t have any plastic bags or anything else. So, I had to eat it. I was determined to get my money’s worth. And I did.
I became so filled…I was sick. I tried drinking some water hoping that it would force the food down…but it only made it worst. I had no room for nothing…and the little water I drank made me feel sicker. I was filled from all the way where the stomach begins up into some place near my tongue at the back of my throat.
I told my son, “I think I’m going to be sick. We need to leave.”
I was so stuff…I was miserble. I wanted to do anything that would give me relief…but nothing was working. I was doubled over and definitely not feeling well. And the ride in the car back to my son’s apartment only seemed to make me feel worst…and I felt like I was now getting nauseated.
I was terribly miserable that day. And of course…I learned my lesson in a very big way. I don’t care how much it costs…I am not going to try and kill myself eating anything. It is one of the worst feelings.
I am not a big eater. My problem is and has always been…that I eat at the wrong times…usually right about before going to bed. During the course of my life my schedule has always been too busy for me to want to break it up going to lunch.
When you’re in LA working on a project or outside of LA working on a project (film or pushing out a script)…all the vendors and movie studio people will call you (if they know you are working on something) saying-
“Lets do lunch.”
They do this because everyone wants to be a part of your project. They either want you to spend money with them…or as in the case of the studios and acquisition people…they want “first look”…meaning they want to see your movie first…before anybody else…in case it is really worth buying.
But who has time when they are trying to complete a film project…or get it up off the ground…to be sitting around and having lunch with a bunch of people who really want to take from you. That’s LA, baby.
Most of my life I have been involved in the creative arts particularly when I started editing. I would go into a editing session early in the morning and literally leave out when they kicked me out sometime later that night when the facility would be closing.
During my editiing sessions which were from Monday thru Saturday…I never got up to go to the bathroom or eat anything. Because once you are involved in the creative process of editing you never want to break up your momentum…(really that goes for anything that takes a lot on concentration)..and you just never seem to have enough time as time always seems to fly by so quickly. So, you never want to waste one moment of time by getting up to do anything…and you don’t.
But having this conversation with my friend, an elderly woman from our church…the one whom I informed you in my blog entitled ‘Losing a friend…’ where I state that we believe she is in the process of passing…she informed that I had to change my eating habits or otherwise I would ruin my stomach. There is nothing like wisdom…hearing that made me immediately consider my eating habits and make an adjustment in them.
I try now not to eat anything after 7 PM…whereas before I only ate one time a day and it was usually after 11 PM…just before I would crawl into bed…to get up and go back to editing, or writing, or to the radio station, or film classes or whatever it was I was doing the very next day until 11 PM the next night.
The one thing about me…whatever I am doing I become grossly involved in it. I sank all of my energy into what I am immediately involved in. I have been told I have tunnel vision…meaning when I am involved in whatever I am involved in or doing something…it consumes me and all of my attention.
This was never more apparent than when I started my advertising business, Queen Bee Multi-Media Advertising Agency and Consulting, Inc.. It is so funny…because I would go to bed and iterally dream up ad campaigns for clients…really. And amazingly could remember them that morning upon awakening. I was so engrossed with creating work…creating whole advertising campaigns for my many clients…that I eat, drank, slept and dreamed the thang. I loved it…and still do. There is something about the creative process that is highly intriguing to me.
I spent a lot of time developing concepts, sitting with artists and discussing client ad campaigns, and planning new stragies, figuring out rates, where I wanted commericals slotted, which publications we were going to buy etc… But every moment was worth it…and New York provided with an wide open playing field. Bud I just loved the work…and besides all the projects represented a part of me. They were me.
I love the creative process…seeing a beginning and an end of a thing. Something that starts from nothing…an idea then blossoms into radio spots (commercials), magazine and newspaper copy, booklets, journals, posters, sold out venues, concerts, plays, screenplays, radio dramas, television programs, radio programs, and other various types of productions, film stuff…etc..etc… It is…exciting…just seeing the end product, figures, responses etc… Hearing what the copy sounds like, or reads like etc…amazing.
Everything I have ever done…I have to perfect it. I have to get to be the best at it…which to me means putting in the time required to make that happened. And that is just what I do…I live, sleep and eat it…until I perfect it. And I constantly keep challenging myself…by taking whatever it is that I am doing…to the highest levels of mastery.
When I learned video editing…and I am proficient in the use of all 3 of the top professional softwares…Advid, Premerier and Final Cut…but when I learned it I nearly slept at the editing facilities where I was working. After a time people would walk by and begin asking me-
“Ooooh, how did you do that?”
Then they started saying-
“When I shoot my footage I want you to edit for me.”
My belief is…if you are going to do…then perfect it. Become proficient in everything you do and take pride in your work. And always work towards excellence.
Just a quick story.
Once I was a manager…one of 8 at this particular place where I was working. I shared with you earlier in another blog of mine how one day while in downtown Brooklyn, I ran into one of our employees whom I hadn’t seen in while…who hugged me and I said-
“I thought you didn’t like me.”
And she said-
“Yes, but you were fair.”
You can read that blog somewhere amidst my now many blogs…right here @ www.bsmith101.wordpress.com …pass it on.
At any rate…When you have so many managers in a small high paced space…the atmosphere becomes very competitve.
Since I am a person who works towards excellence in everything I do…so, on this job I was not very well liked. Because my way of working really meant that all the other managers would have to step up in order to contend with my overall job proformance. I, of course, never realized that…because I had never encounted that type of thinking before. And since I was the new kid on the block…meaning I was new on this job compared to them…they weren’t having it. They liked things just as they had been…not that I was trying to change anything. I…well, I just worked differently from them. And somehow they felt threaten by that.
At first I thought it was because I had the highest level of education among them…but over time I came to find out it was that too, but more so…that they just didn’t like me because I was me…a person who sought to do her job ‘well.’
I was not trying to show anybody up…nor was I trying to impress anyone. But it was just how I worked. I worked towards excellence. It is the only way I know how to work…even on my own projects. I commit myself.
On this job I was the one who hired all the new employees. To do this properly sometimes (actually on almost 1 day of all of my 2 days off I would go in to inview folk)…as I would usually have to hire as many as 30 to 40 people at a time to keep up with the company quota for our location. So, to do this I usually went into work on one of my days off. As I not only had to hire them but I would also have to train them, issue them their uniforms and in many cases have them ready to hit the floor the next day. I did not mind using one of my days off to do this as I felt it was something I had to do in order to keep up with the company requirements in term of staffing. But the other managers…looked upon me as an over achiever. And they did everything they could to sabotage me…including forging my name to company documents.
The whole affair was quite disconcerting to me. I had never in my life been anywhere where people didn’t like me. But I did my job any how…and I continued to do it the only way I knew how…with excellence. And in the end I won.
At some point I am sure I will share that whole story. But God has been exceedingly good to me. He took me out of that situation…but not before making the company pay me. And He made them pay me well. From August of 2000 that company has been paying me…and I have not had to work one day since.
Through all the problems on that job, all the lies, deceits and falsehoods…I continued to be me. I continued to be the worker I had always been…someone who goes in to her job to get it done…and to do it to her best ability.
My bantra is…do it well. Don’t do it good…but do it well…to its highest level…the best that you can do it.
If it is anything worth doing…and you should only be doing things worth doing…then why not do it well?
As stated earlier I am not much of a television watcher…so therefore I was surprised when somewhere over the internet I ran across the fact that actress Tamara Dobson had died in October 2006. She was absolutely beautiful and I had thought that I had heard she had gotten into ministry. But during the last 2 years of her life she was in a nursing home suffering from MS, Mulitple Sclerosis.
That was very hard to read considering how tall she was, 6’2″, and knowing the debilitating affects of MS…having lost a good friend to it.
My friend had just completed college…and a group of us were in Jersey for a wedding of another college friend when someone said to me-
“When was the last time you’ve seen___. I think you need to go see her. I hear she’s drinking or something. They said that she was pretty tore up when they saw her.”
For the whole wedding that stayed on my mind.
I loved my friend. She had been the very first person in my class whom I had met on the campus…we met my first day on campus and we became very close friends. When we started hanging out…she took me to this club in Connecticut called “Mr. Peas.” That place was fabulous…black lights, bubble machine and the best music. I was, of course, a wall flower…and I had never been in any club or disco anything until my friend brought me to Mr Peas. And I was quite a wall flower…but that was okay…I didn’t mind it. I loved the place…I found the disco thang exciting…but my friend…well, she was beautiful…so, she was always on the dance floor. We always had fun…and I loved it at Mr. Peas. Neither of us were drinkers so we didn’t drink at all. It was a lot of clean fun.
I remember once how my friend…how she had bought us these matching glittering tops to wear to Mr Peas. It was fantastic. It was like we were sisters or something. She was the best…my friend. I would have never have thought to buy her anything…but the sheer thought that she did in regards to me meant so much to me.
She was a lot of fun…but after graduating from college, I later found out following the conversation at the wedding, that she started having problems holding onto things. Pencils and pens would just fall from her hands…and gradually the problems continued to grow.
After that wedding I sought my good friend out…whom I had not seen in a while. When I visited her…I cried. As I have already stated in another blog of mines…I am not the best person to go and see anyone who is sick…because I become too emotional. I just cried.
She did not look anywhere close to the person whom I had known. She was confined to a wheelchair now and didn’t have the strength in her legs to keep her from falling much less walk. Her eyes were going in 2 different directions.
I could do nothing but cry.
But she was strong…and kept trying to console me. I could still understand her somewhat…as her speech was a bit slurred…but later on I could not. And even then she was trying to console me as best she could. Imagine…her trying to console me…and she was the one who was dying from that disease. That was the kind of person she was…and had always been. She was beautiful. And I am happy to have been graced by God to have known her as ‘my friend.’
They say that MS is not hereditary…but not only had my friend had it, but come to find out her sister also suffered from it and has since passed too only a few years ago…and most recently I have found out that my friend’s daughter, her only child, now has MS also.
When I think of them, my friend, her sister and her daughter…whom I keep continuously in my prayers…I think of the electric reactors I saw by her apartment when I went to visit her on that first time following the wedding conversation. For some reason when I looked over and saw them across the street from her house…I don’t know what I thought really…but for some reason those things stayed in my spirit. And now as we become more informed…we have to stay away from areas that have large energy sources. They just look unhealthy…and they are.
There is just no way that this stuff cannot affect you…if you live somewhere near it. All this energy is going through your body and is being absorbed into your body. That being the case it stands to reason that sooner or later it is going to affect you healthwise.
And most of the time these things are located where the poor people live…electrical receptors or contaminated waste dumps…the folks whose lives are put mostly into jeopardy by such installations are poor.
When I used to walk around with all the video equipment, cameras and things…as I would walk pass the television at home it would mess with the reception…just because I had passed it. I knew from that that all the equipment I was operating and sitting around in the televison studios and editing suites for all those prolonged hours really could become potenially hazardous to me.
My body had soaked up some of that energy…enough to radiate off of me and distrub the television signal whenever I neared the television. I didn’t think about that at the time…but I do now. I recognized it…and what was happening but it had never dawn on me what overall effect it could have upon me physically or mentally.
It is energy and your mind is made of electronic impulses sending signals to various areas of your brain which enable you to speak, walk, talk etc…etc. Inducing other electric signals into your system could technically cause it have some type harm or malfunction…or interruption. Which in case if you haven’t been listening or reading over the internet…they are saying that your cell phone could be hazardous to your health…for the exact reasons I have just laid out.
There are all kinds of nervous disorders…and some of it can be attributed to the meats and other things we eat…some to where we live and what we live near…some to (hold on to your seats) the microwave or your cell phone etc. I didn’t think that you would want to hear that. Not about your microwave…and cell phone too.
They are saying that about the cell phone now…but I do believe that in a few years we will hear how the microwave causes health problems too…because that process is just not natural. Think about it…microwaving causes the molecules to speed up and rub against one another at such a rate that it generates heat causing that generated heat to cook or warm up your food (depending upon how you use your microwave). I use microwaves very little…because I just don’t trust them…they have a tendency to change the texture of the food and alter its taste…and I just feel that that is not only un-natural but also will prove to be quite unhealthy.
When I think of MS…I always think of my friend…and I also think of Congress Woman, Barbara Jordan, who was quite an eloquent speaker, being highly gifted in oration and as well as well educated. It was during one of her speeches that I first heard the word ‘xenophobia’…but she also early in her life had to battle the crippling affects of Multiple Sclerosis.
Who gets MS…women mostly between the ages of 20 to 40.
Symtoms of MS…blurred vision, eye pain, possible double vision, lack of coordination, weakness of muscles, partial or mild paralysis, slurred speech, involuntary contraction of muscles (jerkiness), partial numbness, pain without apparent cause etc…
Now, that I have given you these symtoms please don’t go around trying to self-diagnose yourself. That would be a foolish thing to do. Sometimes we can work ourselves into a state just believing we have something…when we don’t.
If you care to read more on Multiple Sclerosis please CLICK on the LINKS below.
Well, today I finally opened up some mail I had put off opening for a couple of weeks now. Sometimes I just don’t want to read anything that I don’t think is going to be good news.
Well, I finally read a letter that came to me fromt the North Carolina Court of Appeals. I thought it was a letter informing me that the court was rejecting our appeal…but it was not. But the letter only gave me 10 days to respond…and I had sat on it for 2 weeks before opening it…(you do the math).
I was late.
Yes, I was. And very late…which meant I had to really kick it into gear and get going on it.
So, I immediately called the court trying to get an extension of which I was given 7 days…this meant I had to interrupt my vacation today.
It is summer and I am on vacation. I don’t even leave the house unless I have to. After all, I spent all of last semester, Spring Semester, carrying 21 credits of school courses…dealing with foreclosures, courts, got arrested and wrote a book…all of which you can read about in some of my other blogs. So, clearly I need a break. And if I say so myself…I am definitely entitled to one. So, I was taking it…but now today…
So, today I had to interrupt my vacation and leave out of the house…because it was paramount that I get that Appeals Court information to Charlotte and then on Raliegh, North Carolina. And I had to do it today…via express mail. Because I had no intentions of missing my 7 day deadline…not if I could help it…now the court…well…the judge has to sign it, it has to be entered into the record, then sent to Raliegh…I’m praying on it because that means that there are whole a lot of other people involved and they may not have my resolve in handling this matter. But I did what I had to do…I got out and got it do done.
Now, I have to follow up with Charlotte to make sure my package made to that court and that they get what I need done and out to the court in Raliegh hopefully all within the same day.
In a prior blog I told you how the car I had purchased so my son could get around while in school down in North Carolina…how that vehicle had gotten hit and was virtually totalled in that accident…which caused us to have to file suit against Allstate Insurance Company and the car dealership, Parks Chevrolet, who was suppose to do the repairs.
In that blog about the trial I informed you how when we finally got around having our court date…the actual trial…how the other side tried to steal our case from us…you have really got to read that blog. Which is how we were forced to appeal the case by taking it into the Court of Appeals to have our dismissal overturned.
My son tells me…that I don’t do anything but sue people.
But you know what?
Some people need to be sued.
Allstate and Parks Chevorlet needed to be sued…if for no other reason than they knowingly endangered the life of my son. Of which I just could not let that go.
You can read more on my trials and tribulations with Allstate and Parks Chevorlet in my blog entitled ‘Tired…’ And also please keep in mind to share this blog address with your friends, neighbors, co-workers…just everybody…. www.bsmith101.wordpress.com pass it on….
You do have to pick your fights…there will be some you fight and some you just have to pray over (and I guess that really goes for all of them). There will be some that you just want it on the record but know that you won’t win (don’t go into any case that you know you won’t win with a lawyer)…but your putting on the record (because all court cases unless they are sealed by the judge are public record).
However, since I handle all of my own legal affairs…I do not have to worry about lawyer fees and things like that. If you can’t handle it yourself…and most people can’t…and I am not great at it either (because they try to make it very hard on you so that they won’t have a bunch on non-lawyers handling their own cases running all over the court…and they will do nothing to help you). For the amount of time and effort you would have to put going to a law library and researching whatever information you need to know to handle your case as properly as you can…takes up an awful lot of time and diligence.
But if you can do it and know that you might not win…because believe this too…nothing beats a failure but a try…you may win…if you back up whatever you want to sue over…if you have concrete evidence…but believe me that putting it on the record goes a longs way and can be a powerful weapon. It may not be all that beneficial to you if you decide it is a battle you have to take on but may lose. Doing so may make you feel a little better over the situation…but one thing is for sure…you are exposing someone or a company for what they are and that could prove to be very helpful to someone else.
Most recently I had to file something in small claims also.
After having all those problems with Allstate and car I bought for him to take to school down in North Carolina…my son finally bought himself a new car. But not having any credit meant getting one of those ‘no credit or bad credit’ deals. Which when you get it…you are just happy for the transportation and that you finally got something that you needed.
But with these people who financed this SUV for my son…they would never credit us properly. My son would always pay more than what his monthy amount was for…and usually before its due date. But the company would always call and say-
“Well, you’re 30 days late.”
Or they would say, “You are 61 days late.”
How could this be when he had just finished making a payment…and it was before the due date…and far more than required?
It was by continuously rigging their books to seem that what they were saying was true in order to make it appear that we were always behind in order for them ‘the company’…United Consumer Finance…to pad their pockets. Which is illegal and considered by law an ‘unfair trade practice.’
My son was trying to build his credit so that he would not have the problem a credit problem the next time he wanted to buy something or another car.
But these ‘bad credit/no credit’ deals are not as good as they seem. Going into a deal with them and getting a vehicled financed by these kind of people who prey upon the needy…may just work against you rather than work to your benefit.
The company, United Consumer Finance, never credited my son’s account with any of extra money he was paying against his car loan. Nor did when he paid off his car loan…which he paid it off in advance of its due date by several months…but the payoff amount was no lower than had he made all the payments through to the duration of the loan. And then during the course of time my son had had the loan…each month they charged him late charges though he was overpaying his monthly payment and was usually sending in the payments ahead of their payment date. There was not one month that a late fee had not been applied to my son’s account.
And on top of all of that…they ruin my son’s credit too.
I think this company, United Consumer Finance, deserves to be sued.
So, I filed the papers on them. Later this month we will meet them in court. I will keep you posted on the outcome.
Smile…and have a beautiful day.
Oh, yes…not only had I not known that Tamara Dobson, Cleopatra Jones, had died…but I was never aware that Yolanda King had also passed. I was shocked in fact to read that story. To have lost her so close on the heels of losing their mother, I know had be hard on the entire King family. Be encouraged.
I hear the thunder outside. So, I guess we are in for a rainy day. God bless… ©2008
Add a comment July 31, 2008
It is 2:30 in the morning and I am just now getting up. I did a marathon yesterday…I stayed up all night without sleeping in order to push out some paperwork that I should have done long ago. Have you ever had something you really needed to do but just could not bring yourself to get it done?
Though I stayed up all night to do it…I never once touched what I was suppose to do until about 6 o’clock in the morning. That’s how much I really didn’t want to do it…something that I should have gotten done back in May. But as the legal clock was ticking, I could not afford to get out of this month, June, without at lease attempting…and I say that because I may have missed the deadline already. But I just couldn’t drive myself to do it when I really should have…and I am usually not a procrastinator.
After one legal battle after another this year, 7 classes, 21 credits this past semester…and what seemed to me to be one controversy after another…I am tired.
So, dealing with yet one more legal affair, which by all accounts should have been done away with last year…I just…I just did not want to do it.
Call it frustration. Call it laziness…call it whatever you want. But I just did not want to do it.
So, I stayed up all last night realizing that if it was going to get done…this was my absolute last chance to try and get it in.
It had been a legal issue dating back to 2002, dealing with an automobile accident in which my son’s car was pretty much totaled while he was away at school…since which we had been back and forth to North Carolina in trying to get the matter resolved. And since we had gone this far and to not see it through… Well, I had to force myself.
What lawyers count on…is that you will give up…grow tired and concede. They bank on it in fact. So, they keep you tied up for years running back and forth.
Most lawyers won’t even take a case that they don’t perceive is worth it (in time and/or money). So, unless you have a little knowledge and possess some willingness to sit in law libraries doing a lot of reseaching…you are out in the cold. You may have a case but no lawyer is willing to take it…because they don’t want to take the time or the frustration of handling a case which might get drawn out in court for years…of which there is not real money involved in it. And then nobody wants to go up against the giants…because the giants have plenty of money and don’t mind trying to wear you down.
But sometimes you just have to go for it…for yourself.
This issue was one of those. It involved my son’s life and wellness…and I could not let it go without a fight. It was never about money…as we were entitled to money. But the issue was they had endangered the life of my son knowingly. And when nobody would take the case to represent my son fairly…I stepped in as a party to the case since I had purchase the vehicle and had been the one responsible for paying it off long after its demise.
Our giant was Allstate. And though they sent out teams of lawyers against us…the facts bore us out. We won. And we had no lawyer representing us…and we made every court date though it was a 12 hour drive from our home…and there were over 10 court dates plus mediation, hearings for motion after motion…of which against all those lawyers…for the most part we still prevailed.
There is nothing like being blessed and highly favored.
But last year June was finally due to be our trial date. And…BAM! A surprise ruling just before seating the jurors. I was removed from the case and told I was not a rightful party to the case. Now my son was placed in a position of having to present our case.
Now, understand this…I was the one who had filed the suit on “our” behaves. My son had no involvement in the case other than being the person behind the wheel at the time of the accident…of which he clearly was not at fault.
As the judge was unwilling to hear my arguments as to why I should not be removed from my own case…and was unwilling to allow my son any time to prepare to move forward with our case….there was nothing that we could do.
My son looked at me with a gleam in his eyes and whispered…”I can do it, ma. Ma, I do it.”
I said, “____, this is not Judge Judy.”
And he said again, “Ma, I can do it.”
Well, even if he couldn’t…we had no other options in light of the Judge’s decision.
My son was amazing.
I could not believe it.
In all those various trips back and forth to that North Carolina courthouse, my son had never said one word in the courtroom…it had all been me. Every argument, every document, every motion…everything having to do with our case including bringing the law suit had been me. And there was my son in that courtroom, on a beautiful sunny day last June, going through jury selection like a champ, submitting evidence, questioning witnesses… like Perry Mason. He was astounding. I doubt that I could have done a better job.
And the best part was when he himself took the witness box and the Judge questioned him. There wasn’t a dry eye in the house…not one in the courtroom. Even the other side…as they watch their case go out the window before them by a couple of amateurs
My son was great.
And I say that beyond being just a proud mother. I never would have thought he would have been able to carry it off…but he more than carried it off. He swept through it…and stole center stage doing it…like a pro.
With each time we had to gone back and forth into the courtroom…each time we came back a little bit better and more prepared than the last time. So, by the time the case was finally bought to trial we were so up on it…in terms of big posters of the pictures of the car etc. Even down to knowing what other cases had been brought against our defendants that were similar to points in our case.
BUT. There had been something that we had not been prepared for.
After the Judge dismissed the jurors telling them they would have to return to the court the following day to deliberate their verdict in the case…the judge turned to my son and asked him to “show damages.”
My son didn’t have a clue what the judge was asking him for. And then the judge commence to dismiss our case. Meaning that it was…it was all over.
After all those years of preparing for our case and going back and forth to North Carolina…our case was now thrown out of court.
Therein lays my frustration…we had won. There had been no rebuttal of our evidence from the other side. No cross testimonies or witnesses to the contrary. We, my son and I, had successfully crossed over the bridge to the other side. So, then why now should I still be faced with having to generate yet more court documents concerning this case?
We had won.
But we had not been prepared for the other side to steal our win from us. We had been set up…and it had all been a sham…the whole hearing…to an unforeseeable end. That is what it was that they swung in our direction…a sham.
Lawyers look to see what judge is going to be in what courtroom…they look for judges who are favorable to them, who belong to their country club, whom they play golf with etc…etc…even in some cases may be related to.
Don’t let anybody tell you that justice is blind. It is a lie.
Now, we are on our way to the Appellate Court. I will keep you abreast. But thank God…I finally got our paperwork together.
I had intended to make the post office yesterday…but it wasn’t until after 3 in the afternoon on Saturday that I finally had everything printed out and copied. By that time all the post offices here in our town were long closed.
In New York City, at 34th and 8th Avenue the post office is always opened. It never closes…except for on legal holidays…in fact it may not even close then. Outside of that 24/7 that post office is always open…but not that way here.
So, I missed the post office and almost missed UPS. Got there just seconds before they locked their doors. Didn’t want to spend all that money…but had to get my documents to the court before this month was up. And it still might be too late.
Sometimes you just got to get over your frustration and do what you gotta do no matter how you feel about it.
Easier said than done.
I will let you know how the Appellate Court goes. Looking forward to our 4th…June certainly blew by…in fact this whole year. July is beating at our door and soon it will be August and back to school…some more aggravation. An issue I have to settle there…I had put that off too. Sometimes you just don’t want to be bothered. You would rather not face some things.
I hate controversy. I dislike having to deal with them. But I guess as long as we live there will always be one controversy after another. Some matter that you have to tend to…or contend with.
It is now 5 o’clock in the morning. And I didn’t have anyone else to talk to. Well, that is not quite true…that may have been the case once upon the time. Or what I thought was true back then…but certainly not now.
And I think I am going to consult Him right now…and read a little.
Planning on being in Detroit during our 4th…and I’m so happy I was able to get that document out to the Court of Appeals. What a weight…
I was so tired by the time I got through with it…not to mention how I kept finding myself dozing off at the computer while typing it up…along with rushing so much just to get it done…over a 100 pages of text I had to generate…and as the court required it to be done. So, I really had to push myself…luckily I had done all the legal reseach in advance. Otherwise it would have been impossible to do in one night. No, it was several days of culinated work.
I am just so happy to be through with it. So much so…that I never even checked any of it for errors. One reason being… I could barely see anything anyways…as my eyes were so crossed by 3:40 yesterday afternoon from lack of sleep that it would have served no purpose for me to even try…because I could not see anything much less a bunch of errors on over a 100 pages of court documentations. (Just a note…I finally, did check it a day later…and had to send a revised package to the court ASAP…and plead upon the court to accept the amended document. You only get one crack at it…so, it has got to be your best shot…and the high court…as well as, any court is no joke. Long before you walk through the door the judge…and in this case the judges…have read and make all kinds of decisions based upon the points of arguments in your documentation)
On my way home after getting the package off…I was so tired I had to fight to stay awake at the wheel as I drove out to the airport to deliver my package to UPS.
I was so tired…that I even forgot to get the address to the courthouse where I was to send my package. So, I had to end up calling information just to get the address…more time…more money.
So, no political commentary…no, not this morning. Or any discussion on hot news topics…noooo, not today. Because…I’m just toooooo tired.
And now…I’m too tired to even go any further with this blog. I hope some of this made sense. I am not going to even bother to read it. As I can barely see… goodnight…or maybe I should say good-morning. Enjoy your Sunday.
ps…well, I did go back over this. And happy I did…though I had to almost put my nose to the screen of my computer in order to see… but I am just too vain to have posted this blog without first trying at least check it for errors. Of which there were many. Though I must admit…I made a lot of spelling errors and forgotten words here and there while writing these blogs.
Since I am mentioning it…let me say sometimes to pays to mis-spell a thing or 2. On the day I wrote my blog about those 17 girls and their pregnancy pact…I spelled pact with a “K”…it was also the way that many people spelled it as they searched for that story over the internet. So, on that day due to my mis-spelling over 240 people found their way to this blog site.
Now, that is truly something. And so wasn’t my son whom I love dearly. He is just the best person. And I say this often…and it is the truth. He is a far better person than his mother. And I should know.
Thanks for reading. ©2008
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