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When Motion to Dismiss Alleges Frivolous Lawsuit. How To Respond. And When A Claim Is not Frivolous. 

Empowerment Lawyer ● 4 Pro Se Litigant
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21 окт 2024

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Комментарии : 13   
@meeshmeeshelle6326
@meeshmeeshelle6326 10 месяцев назад
Thank you for referring me to this video of yours from the whistleblower video. This was very helpful for me (as a newly forced pro se litigant) to understand where my former attorney had left off. My attorney had filed his own motion against the frivolous lawsuit with a safe harbor motion for sanctions, threatening to file if my attorney didn’t withdraw. The court ruled denying the defense’s motion for sanctions and the defense refiled the exact same motion for sanctions but used the service of the old motion - after the judge denied his motion. I remember my attorney stating he wasn’t sure why he filed this again, it didn’t make sense to him. Then 30-days later my attorney filed to withdraw & received it even though I opposed. I feel like this defense attorney for the business is attempting to inundate me with a barrage of motions in order to convince me to request to dismiss my case. The thing is, the state licensing authority whom I blew the whistle to, found my employer guilty and lodged hefty fines at him for precisely what my case is based upon. I. Am. The. Whistleblower. All I want to do is clear my name so I can go back to work in my career. I don’t care to profit from a lawsuit, I just want my employer to confess to making up the lies he publicly posted on social media and admit that he fired me because I refused to break the law. Can I ask the judge for mediation instead of litigating pro se due to the current circumstances?
@advocatelucinda
@advocatelucinda 10 месяцев назад
Was mediation addressed during your scheduling conference with opposing counsel and the judge? If it was, that would be a point to make in a motion for mediation. Also, look to the local motion rules, in your jurisdiction. One thing motions require is the citation of case law or statutory law to support the movant's position. Best.
@meeshmeeshelle6326
@meeshmeeshelle6326 10 месяцев назад
@@advocatelucinda thank you. That was a very helpful tip. You provided. *grateful*
@advocatelucinda
@advocatelucinda 10 месяцев назад
You are welcome.
@writetogrow
@writetogrow Год назад
Dear Advocate Lucinda, thank you so much for your calming assertive manner while sharing your God Given knowledge: what would you teach or recommend in this matter? Should I countersuit in chancery court, or start a new lawsuit in a small claims court as pro-se? My HOA’s debt collector, and HOA’s manager have conspired -blocking and old disputed debt for assessments and penalties, some older tha6-7 years. The HOA’s management and their debt collector hid my payment-efforts good faith settlement offers-checks even during COVID from the court, while hiding their fees-escalation from me. The initial debt was about $280-380 with fees and penalties, they ensconced the details blocked my rights to dispute etc., and escalated it to over $7,500. My chapter 13 lawyer doesn’t understand HOA’s members consumer lasws… failed to timely respond or negotiate. As a disabled senior, HOA member for over 23 years, in order to keep my home, I had to file Ch13, but the payments ordered by the trustee are impossible, untenable, further setting me up for failure. I still don’t know the debt totals, details, length etc., My attorney remains unresponsive the trustee is dismissive. The abusive debt collector’s malfeasance rewarded. For justice’s sake, how do I proceed? Should I sue, in small claims court, or countersue in chancery court, who di I sue? the HOA bridged its contract blocking my good faith debt resolution, conspire with their debt collector ensconcing debt details violating Liens for Assessments debtor rights, under Tennessee code, and FTC-FDCPA, what other laws apply? God reward and bless you for all you do. Thanks E.R.
@advocatelucinda
@advocatelucinda Год назад
Hi. Thank you for your encouraging words. Because you have counsel you will need to consult with him or her. Perhaps writing your concerns to your attorney would ignite a faster response. Let the attorney know that you don't know the debt totals, details, length, etc. You may need to bring this to the Trustee's attention or the Court. But, first, determine what the protocol is for contacting the Trustee and Court. Above all, communicate these things to your attorney, first. Best.
@annierachellgeorge-irving5820
Thanks! In my case that are doing things for spite. And luring to give me a hard time. It’s ok because my creator is a on time God. Oh yes he is ASE!
@advocatelucinda
@advocatelucinda Год назад
You are welcome. Hang in there!
@thisisyourtransmission
@thisisyourtransmission Год назад
Hello, I sent you something. However, I need to know how much you charge! I will email you again. This is very important what I sent to you.
@californiaclay
@californiaclay 4 месяца назад
How do I contact you
@advocatelucinda
@advocatelucinda 4 месяца назад
adjunctlaw@gmail.com
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