Your response was just fantastic! The Lord has truly ordered your steps. Keep up the good work. He has some fabulous Blessing in store for you. Alice Williams is an 85 year old lady who was sued by Unifund Partners for a credit card debt. Her only income is a small SSI check. She went to court and the judge made her sit in court from 1:30 P.M.until 4:00 P.M. and all his other cases had been heard. She said that the judge cat-napped through all the other cases and was acting like he didn't hear a word but woke up long enough to grant judgment to the plaintiffs in every case but came wide awake when her case came up. He denied all her motions and stated that he was ready to grant judgment to the plaintiff and the plaintiff's lawyer jumped up and said that she was sorry but she was going to have to decline the judgment.
According to MS. Williams the judge's eyes popped and his jaw just about hit the bench. He was totally astounded and so was MS. Williams. She had no idea why the lawyer would have done such a thing. But when she got home there was a letter in her mail from the Oklahoma Bar Association containing the results of the complaint MS. Williams had filed against the attorney. In it the lawyer made some really dumb responses including a statement saying that she had complied with all the requirements of FDCPA by providing the defendant with an identification of the defendant and the account. She said nothing more was demanded of her by FDCPA because the level of proof required by FDCPA was nowhere near the level of proof needed in litigation. The amazing part of that is that she provided absolutely nothing in the way of proof to the court. No affidavit, no accounting of any kind! That proved that even though she knows she has to provide some proof of the alleged debt she simply tried to bulldoze the court into giving a judgment against the defendant and the judge went right along with it. Ms. Williams and I sat down and I helped her compose a second letter to the Oklahoma Bar Association that was far more scathing then the first. She mailed that off Friday afternoon. She is also going to file complaint with the Oklahoma Judicial Ethics Commission and will file a federal case against the plaintiff and the plaintiff's attorney and may also sue the judge in his personal capacity rather than in his capacity as a judge. Judges have immunity from being sued only so long as they obey the law and do not violate the rights of those who come before the bar seeking justice. Ms. Williams probably has a long way to go before this episode is over and done with. It may take her a couple of years in various courts and appearances before the various regulatory bodies that control how attorneys and judges act. I believe that Ms. Williams has the tenacity to stay the course which most people do not seem to have. She is to be greatly commended for that because getting justice out of our courts is something that must be done no matter what the effort might take. Justice is a two edged sword and it cuts both ways. Our courts must be forced to obey the laws of our land and while we may owe money to someone we still have the right to be treated with dignity and respect and to have our rights under the law preserved by the courts. They are failing to do that almost universally in debt related cases.
Ms. Williams should be commended for her efforts and the sacrifices she is making for all of us. But she isn't the only one. Many of my creditwrench students are doing the same kinds of things and just like Ms Wiliams is doing, they are winning too.