1.I am mulling it.. Trust me that I want to, but I doubt that even the appeals court will give me a fair shake.
2.I have two weeks to figure it out, but from a financial standpoint it would be a hollow victory.
3.This damn Wuhan has me questioning if such exposure is worth it... Ones health is their wealth!
4.Still, it chews at me! Such a process when clearly they screwed up, shouldn't have to be this way.
R1. One way to find out !
R2. Being compensated for your loss, is all that you're asking for, & to ensure that this bollox doesn't happen to some other folks.
R3. I'm sure that the virus won't get y'all, if only because of the initial speedy responses to stop the spread. You'd be pretty unlucky, but there's no reason to take any chances either.
R4. That's why I at least think you should consider finishing, since when you hopefully win, a change will be made, & it will be a step-in-the-right-direction so that matters "don't have to be this way".
Your call SELLC ! But I'd call getting my losses back a win, regardless how small. It's not the $$$, it's the principal behind your matter.
I was never really expecting to see any money Rastus, maybe once when I thought they had defaulted, but otherwise I knew it would come to this.
I feel that it would be best to leave it as it is... I have made my point and I even told the Judge to his face that his decision amounted to nothing more than a professional courtesy for the Defendants lawyer! To this he did not deny and I walked out.
Filling out the paperwork would only take me a night and even as I write this I am conflicted as what to do next... I have lots better to do and it is a commitment once I start that ball in motion.
I think maybe I'll need a few more drinks to sort it out... until the clock runs out I'll be conflicted..
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What is to give light must endure burning -- Viktor Frankl
Rex, you got judge Michael Gerou, thats why you lost. Based on his history of setting up a Catholic school and serving in the Chamber of Commerce, it's clear that he is a Republican... Republican judges ALWAYS rule in favor of corporations, regardless of individual case merits.
You were doomed to lose before he even heard your case.
I did a little background on him too PowerStroker, he ran his campaign to be a Judge as an Independent but you are right that he seems to side with big corporations without any regard for merit or guilt. As mentioned, he did rule against me in the clear cut Community Financial Credit Union case where clearly I had been aggrieved and then again in favor of the big Suburban Group who owns the Cadillac dealership, this time with state backing from the regulator of said corporation!
I have met a LOT of Catholic people who were Democrat PowerStroker, so I would highly doubt that such a religious affiliation automatically means that someone is a Republican. It is interesting none the less, but I would be interested to know your formula that arrives at such a conclusion, it may very well be that a majority of the Catholic people you know personally are Republican, but again as I have said - many that I know are Democrats - and quite wild too. They may claim to be Republicans, but deep down they are RINO's who just want to live the liberal life.
This week is my last week to mull this over. Odds are the Wuhan virus WILL be in peak season when I have to appear in a Detroit court. The one thing that is VERY important here is that even if I win the appeal the case will just be handed over to court evaluation. The case WILL end there because I cannot afford to lose and pay the dealerships legal cost and that to me would be going backwards - aka TOO MUCH RISK.
It is a shame that the State of Michigan has hollowed out the consumer protection act, it is also a shame that the courts overall have devised a way (case evaluation) to put people like myself in this position. Michigan truly is a buyer beware State and this experience along with others have taught me that I have to be VERY careful before giving anyone money, or in the case of banks, collateral.
The one thing an appeal will do is cost the Dealership a little more in legal fees, even if I win or lose. It will also show the courts that I am willing to see a case to the bitter end. When you win an appeal it does bother the Judge to see you standing before him once more with an order from a senior Judge saying that he was wrong but such a victory would be very hollow because the Judge would then immediately order case evaluation and that would place my case in the hands of people that are not Judges and who's job is to place a value on my damages or in the worse case they could say that I have sustained no damages and that the case does not have merit. In such a case I would have to voluntarily withdraw my suit or take a very serious risk with a Jury whom I must win over 100% while the Defendant only needs to sway one, all this with a Judge who we already know is biased overseeing said Jury Trial. Again, after case evaluation the loser pays the other sides legal costs if they don't agree with the CE findings. That being said, there really is no point to take it any further - especially since an appeal cost $375! Odds are, even in a best case scenario, all I would get from a win in appeals court is my money back for said appeal, but that is just the money! The time and stress filing the appeal and then marching it thru court would never be compensated and if I had spent the time working on cars it's safe to say I would lose thousands of dollars, even if the CE awarded me $1000.
Ironically, since I am white - there is no way the CE is going to give me $25k which is the maximum you can sue for in District courts. I never thought I was going to get $25k but as a practice I have always found that suing for a principled amount was also a hollow victory.. But in hindsight I should have just sued for $500 or $1,000 so it looked more like the dealership was being unreasonable in putting up such a fight... I guess in the end it didn't matter as there was no way the courts were going to pony up and do the right thing.
Filing a complaint against the Judge is also an option that does not cost me anything and does not require me to go anywhere. The risk here is that I have two kids running around, one with the same name as me. Filing a complaint may have ramifications beyond just this case for people other than myself. I have already filed one complaint against this Judge in the past with no corrective action taken. Filing a complaint, even if the commission finds my complaint to have merit will have absolutely no effect on my case. It would piss off the Judge for sure, but is it worth it for this particular case? It's hard to tell but my heart is telling me to let it go as I have made my point. I just won't be doing any business with any of the Suburban Group any longer!
All kidding aside, regardless if the Judge, Attorney or the Defendant were Republican I would still appeal if I could afford it...
At $375 that puts me over what I am willing to invest into this case, and I have done appeals in the past and they are quite a pain in the ass.
Worse yet is on the appeals manual it has a big photo of a maze, and in the introduction it basically says in no uncertain terms that filing an appeal without an attorney is impossible and destine to fail! In other words, they actually discourage people from appealing!
Here is a link to the manual if anyone wanted to have a look,
If only you had gotten a liberal or moderate judge, you wouldn't have to appeal. They would have seen the letter from the regulatory body showing the dealership at fault, and immediately started calculating your damages.
In fact, I think Suburban Group is a liberal owned company and the Judge is a liberal himself. The only one that seemed conservative to me was the attorney but I could be wrong about that too.
It is just a shame that one has to wonder if politics were involved, however given the facts of the case and the State BRS findings it is hard to discount the bias in play here.
Something isn't right and perhaps I should just file a complaint against the person most responsible for this miscarriage of Justice, the Judge!
I am really pissed about it, and if I had an extra $400 to blow I'd take it one step further with an appeal! Fact of the matter is that I have lost all faith in the courts, or at least this Judges court!
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What is to give light must endure burning -- Viktor Frankl
We don't know that for sure, although I did find this -
Among white Catholics, according to Pew data, about 54 percent lean Republican and 40 percent lean Democrat. More-religious people tend to vote for Republicans, and those who identify as less-religious tend to vote for Democrats, but that holds truly only among whites. African-Americans and Latinos tend to be deeply religious and lean heavily Democratic in their approach to politics.
It is entirely possible the Judge just doesn't like me since I have filed a complaint on him in the past. The fact that he discounts the BRS investigation makes me wonder if this guy might need another complaint to mull over.
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What is to give light must endure burning -- Viktor Frankl
I am tempted to at least file a complaint or something... Especially after seeing how big business and the market always get bailed out!
I damn sure don't want to be going into court during this pandemic, so any thoughts on $$$ damages have been abandon. I will not get jack shit for this...
What bothers me most is that this is the SECOND time the courts have sides with big companies over my legitimate grievances! It's like I should take the fucking hint and not even bother to file a complaint or sue, because the local courts can't be bothered to ensure it tax paying citizens are treated fairly in the community! As someone who pays property taxes twice a year to the Township I expect better!
Am I to assume that in addition to Suburban Cadillac and the local Credit Union, I am not supposed to just quit doing business with the local courts!? That doesn't seem right!
A complaint won't cost me anything, and if me or my family is later discriminated against then at least I'll have a history of bias on file with the commission that prove I am not given a fair shake at the local courts!
I don't care what political affiliation the Judge or the courts are, I don't care if this Judge is Catholic or a member of the Chamber of Commerce! He could be an outright self admitted Republican, although he ran as independent - all the while ruling from the bench like a Republican... It's bullshit and I think the commission not doing anything the last time is why the court feels it can continue on like it does! Only this time I had state BRS backing with a full on investigation finding the Defendant at fault! Seems I owe it to myself to file a complaint at the least, I have already given up on any sort of financial compensation over the hardship... Let the commission hash it out! I want some oversight! I want to look at that Judge the next time I have to file suit and know he understands that his professional courtesy at my expense will not go without a fourth-coming complaint!
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What is to give light must endure burning -- Viktor Frankl
I should probably apologize to Rastus as I was in rare form when I wrote that response. Sorry dude, the media had finally gotten to me and I pretty much lost it for a little bit.
I guess I just got to feeling like I should do something but I do have worries that any complaint would just fall on deaf ears especially since I would be pointing a finger at the MJTC for not doing anything in my past complaint, which I feel allows this Judge to rule in favor of big companies without any worry of oversight.
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What is to give light must endure burning -- Viktor Frankl
I should probably apologize to Rastus as I was in rare form when I wrote that response. Sorry dude, the media had finally gotten to me and I pretty much lost it for a little bit.
I guess I just got to feeling like I should do something but I do have worries that any complaint would just fall on deaf ears especially since I would be pointing a finger at the MJTC for not doing anything in my past complaint, which I feel allows this Judge to rule in favor of big companies without any worry of oversight.
No need to apologize SELLC !!!
There's so much pressure being applied on us all at the moment, that it's quite a good thing to vent, so go for it !!! That's what friends are for too.
It's also "easy"(?) for me to say what I like, as I don't have the responsibility to protect my own family etc etc, so I'm likely inconsiderate of others a-lot-of-the-time, & of their concerns. This means I deserve some shyte too from time-to-time lol !
Keep smilin', summers on the way ! You have to be happy about that !
After recent revelations I find myself wondering if PowerStroker was feeding the defense, and maybe even the court information about my moves.
Some pretty odd things happened during this trial, especially pertaining to the defenses attorney seeming to have inside knowledge. Of course I could just be paranoid, but with recent admissions it's clear that some people are really low-down. I chalk it up as a lesson in life about trusting people and the sad realities of the judicial system here in the USA.
I am also sure that I could wait until after the emergency order expires here in Michigan to pick up where this left off, but why? The compensation does not seem worth the hassel and I know at the end of the day these issues are not serious enough to merit anyone at the MJTC to hand down any serious sanctions or punishment to the courts. Yet it makes me wonder if doing so would help my case later should I or anyone close to me is unfairly treated in the future.
I am under the impression that you win some and you lose some... I am not an attorney, but I gave the dealer and their hired attorney good run for their money. I also filed a complaint with the state that will be a perminate record of the dealers shortcomings to help others who may find themselves in my position. Said complaint was investigated and verified as true. That being the case, I feel that I have made my point.
But the thought that perhaps PowerStroker could have been medling, or even relaying information made me decide that politics has gotten too personal for PowerStroker to join in our raindeer games here in the V8 cafe any further.
For the most part I have always kept legal posts in the V8 Cafe given their sensitive nature, I have also moved others post here to the V8 cafe when I thought perhaps they might be too sensative for public viewing. I do this to protect us all and there is a level of trust and respect that goes with giving total strangers on the internet access to sensitive areas and discussions.
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What is to give light must endure burning -- Viktor Frankl
After recent revelations I find myself wondering if PowerStroker was feeding the defense, and maybe even the court information about my moves.
Some pretty odd things happened during this trial, especially pertaining to the defenses attorney seeming to have inside knowledge. Of course I could just be paranoid, but with recent admissions it's clear that some people are really low-down. I chalk it up as a lesson in life about trusting people and the sad realities of the judicial system here in the USA.
I am also sure that I could wait until after the emergency order expires here in Michigan to pick up where this left off, but why? The compensation does not seem worth the hassel and I know at the end of the day these issues are not serious enough to merit anyone at the MJTC to hand down any serious sanctions or punishment to the courts. Yet it makes me wonder if doing so would help my case later should I or anyone close to me is unfairly treated in the future.
I am under the impression that you win some and you lose some... I am not an attorney, but I gave the dealer and their hired attorney good run for their money. I also filed a complaint with the state that will be a perminate record of the dealers shortcomings to help others who may find themselves in my position. Said complaint was investigated and verified as true. That being the case, I feel that I have made my point.
But the thought that perhaps PowerStroker could have been medling, or even relaying information made me decide that politics has gotten too personal for PowerStroker to join in our raindeer games here in the V8 cafe any further.
For the most part I have always kept legal posts in the V8 Cafe given their sensitive nature, I have also moved others post here to the V8 cafe when I thought perhaps they might be too sensative for public viewing. I do this to protect us all and there is a level of trust and respect that goes with giving total strangers on the internet access to sensitive areas and discussions.
Hmmmm. Interesting. The TDS runs that deep in some I guess. Why can't libs just see the forest thru the trees. What clouds their thinking? I just don't get it. Protect Hillary or any of the criminals at all means,,,, just cause they are DNC? Sad huh.
Sorry you had to see that PowerStroker, but I am not a fake person.
The loss on this was extremely bad because it was a double sided knife, if I won it just means that I defeated a portion of law that protects my business and got a thousand bucks. If I lost, I didn't losing anything but hurt my pride.
My goal all along was to just let them know I hadn't forgot about them. I did suffer serious credit downgrades moving that kind of money around cards, not to mention the hits to my credit. Later I would lose some $50,000 in credit lines in part because of it.
Seemed like they had inside info, but the probelm was I was up against a big company with a big law firm.
I never stood a chance.
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What is to give light must endure burning -- Viktor Frankl