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| Re: What happens if you lose? by Commander Tansin A. Darcos 12/01/2015, 7:15pm PST | ||||
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| So the question has been asked: What happens if I lose?
And the answer: Nothing. As the only income I have is my Social Security Disability Insurance, that is non-assessible; the court can't put a judgment on it, or on any money in my account because that is income from SSDI and is also exempt from attachment. But American Express is also suing Viridian Development Corporation, and she[1] takes such things very seriously. But that also brings up another issue. Current law and statutes require a corporation to answer by attorney. Also, as the court noted, the case of Finch v. LLNV Funding LLC, 212 MD App 748, 71 A. 3rd 193, LLNV was doing debt collection without a license and as such the judgement it got against Finch was invalid. So I just filed a motion in the case. Viridian is not operating a business, it has no income. I said the Finch case is not on point because finch was exercising a privilege. The ability to defend a lawsuit is not a privilege, it is a matter of right. So I'm going for an even bigger issue. I'm arguing that requiring a corporation to obtain a lawyer to defend itself when it is indigent is unconstitutional on both the Due Process Clause of the 5th Amendment and the Due Process and Equal Protection Clauses of the 14th Amendment: 12. Viridian and Robinson argue that §10-601(a) Bus Occ. & Prof. Code, of Maryland as well as Md. Rule 2-131 (a)(2) and any other similar provision of law denying it the ability to defend itself are unconstitutional as applied to defendants, or at least as to Viridian. As such, Viridian should have the ability to raise a defense to a lawsuit filed against her as a matter of right, and not a right conditioned on whether she has the resources to hire an attorney. 25. "There is no meaningful distinction between a rule which would deny the poor the right to defend themselves in a trial court and one which effectively denies the poor an adequate appellate review accorded to all who have money enough to pay the costs in advance.” Griffin v. Illinois, 351 U.S. 12, 18 (1956)" 33. “It is no longer open to contention that the due process clause of the Fourteenth Amendment to the Constitution of the United States does not control mere forms of procedure in state courts or regulate practice therein. All its requirements are complied with, provided, in the proceedings which are claimed not to have been due process of law, the person condemned has had sufficient notice and adequate opportunity has been afforded him to defend. Iowa C. R. Co. v. Iowa, 160 U. S. 389, 40 L. ed. 467, 16 Sup. Ct. Rep. 344; Wilson v. North Carolina, 169 U.S. 586, 42 L. ed. 865, 18 Sup. Ct. Rep. 435.” Louisville & Nashville R. Co. v. Schmidt, 177 U.S. 230 (1900) 34. Hagar v. Reclamation Dist., 111 U.S. 701, 708 (1884). "Due process of law is [process which], following the forms of law, is appropriate to the case and just to the parties affected. It must be pursued in the ordinary mode prescribed by law; it must be adapted to the end to be attained; and whenever necessary to the protection of the parties, it must give them an opportunity to be heard respecting the justice of the judgment sought. Id. at 708; Accord, Hurtado v. California, 110 U.S. 516, 537 (1884).” (Emphasis added) 35. Clearly, the Supreme Court's decisions in the Louisville Railroad and Hagar cases declare that denying Viridian the ability to be heard and to defend itself in this case simply because it cannot afford an attorney, would be a denial of due process, and would serve no useful purpose. Further. In referring to the Louisville Railroad case, the Supreme Court said, “The fundamental requiste of due process of law is the opportunity to be heard. “ Grannis v. Ordean, 234 U.S. 385 (1914) Maybe lightning will strike and the court will agree with me. Win or lose, I gave it my best shot. [1] The three major languages that assign gender to objects, French, Spanish and German, all assign the feminine gender to corporations and limited liability companies, so I have done the same. ----- And it all comes down to you Well you know that it does, well... Lightning strikes...maybe once...maybe twice... Oh....and it lights up the night.... - Fleetwood Mac, Gypsy |
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