Thursday, January 6, 2011

Phoenix ARizona - improper service, arresting lawyers and tenants evicted

It is plain to see that the thought processes in the pro-se (self representation)  group are working.  You can visibly feel the difference in court as the judges lean forward to pay more attention to the words being uttered.  Of course it is impossible to convey all that happened but I will try. Yesterday when one group member arrested the opposing lawyer in open court, the lawyers were laughing and the judge was in disbelief, questioning what the heck was being done: "you are attempting a citizen's arrest?"

The defendant (a homeowner like most readers here) explained that the false and forged documents used to foreclose his home and transfer interest were recorded in the country recorder's office (a crime). By presenting the recorded false documents in court was a crime -  it was perpetrating fraud open the court, and the state of Arizona. The defendant had no choice left but to ARREST the opposing counsel (lawyer).

After a few moments,  the judge was listening carefully to the defendant's words and the judge's stone-face showed it was no laughing matter.  Of course, the judge  denied the arrest and the defendant (in special appearance) was cautioned to stop or he would be placed in contempt.  The defendant then informed the judge that the lawyer was placed into the judge's custody.  The judge seemed a little more responsive as he realized the defendant homeowner was putting responsibility on the judge for aiding in the stealing of his home with illegal documents. He set the matter for a hearing or trial on January 12, 2011 at the 125 Washington courthouse in Phoenix. 

All this because a process server served papers to a residence and refused to believe the gentleman did not live there.   The person served actually lives in Maricopa city and was simply visiting the home of a friend.  Recently injured, the summoned person appearing before the judge explained that he had felt threatened as the process server was not listening and was aggressive.   The judge excused the wrongly served party and proceeded to tell the real homeowner that his answering motion  had waived the procedural process of serving a summons.   This does not seem to be a correct judgement but time to research that particular law is short.  Normally in foreclosure law, the courts have deemed that summons must be delivered to the person named. 

Other matters before the court indicate that people do NOT know their rights.  Given just 3 days from notice of summons (5 days are occasionally allowed) people are relying on banks lawyers to give them their legal options.  BIG MISTAKE, banks lawyers are regularly telling TENANTS or RENTERS that they will give them 30 days to move out.   BY FEDERAL LAW the least allowed time is 90 days.  The judges in several  cases I know of have allowed for the 30 days to stand OR have demanded the tenant or renter to ANSWER the motion (cost $250.00) and come to a hearing.  Sounds like a big money making scam for the state.  Jury Trials are regularly denied, citing that there is no evidence to show one is necesssary.  It is state CONSTITUTIONAL right to have jury trial with no limits mentioned. 

You will not find this stuff in your Arizona Republic or other newspapers.  You will not find it on your local talk shows or news broadcasts.  So spread around the word - things are NOT LIKE THEY SEEM!!! 

One last thing:  Two years ago I scoffed at those that said there was no justice and that things were not like they seemed.  I APOLOGISE - after sitting in court and watching the erosion of our civil rights,  I now know the truth.   The truth shall set you free. 

No comments: