Judge Wrongfully Upholds Default Judgement In Ri!

[norval25]

Searching for advice. A former post college roomate and affirmed sleezball - in efforts for revenge in a private dispute - filed a small claims suite for the maximum 1500. for back bills. His action was baseless he in reality owded me monies - and whilst I was living out of state filed this suit - functioning in cahoots with clerks in the court - specifically where he would devote a superb deal time becoming unemployed - was advised by a clerk (apparently) to file the suit even though I was out of town - so that I would not get the service - the service was taped to my door - and recorded as served - but of I was not served - coming back to the state months later - now there was a default judgement - I filed a motion I contemplate to vacate or move the case back to a trial - as I could prove that I was out of state and not served - being Rhode Island precisely where the court technique is substantially significantly less procedural and significantly far more nicely individual - the judge merely even with proof would not vacate and upheld the default - entirely obsurd and ridiculouse - I am now spend a jerk monthly - what recourse do I have are there any montions I can file or actions to be taken - i am previous appeal for confident - can justice nonetheless be served - in essence the plaintife becoming unemployed schmoozed the clerks, and the clerks informed the judge what a good boy he was - this I can not prove - but of course is the essence of the case history - the plaintife stupidly informed me of his strategy Aid! what can be done?j in RI

[bergin]

Thank you for your suggestions, clearly you do not practice in Rhode Island. My post talked about that the RI court method is significantly significantly less procedural and a lot far more individual right here I was getting polite. RI is primarily a lawless state insofaras, some judges drink on the bench a single or two that I know of, other people take bribes and favors practically openly in exhcange for decisions.The oversight method is worse, the Commission On Judicial Tenure & Discipline is physique that sweeps concerns below the rug. Complaints against a judge are nicely, ignored shall we say.Even the appeals method, at least for tiny claims in RI appears to have no procedure. You have two days to appeal, with the caviat that the judge who rendered the selection choses no matter whether or not you can or can not appeal at least thats what occurred in my predicament. The judge who made the selection, then decided that (and here I do not recall the details as this was 1.5 years ago) I could appeal but only on portions of the option. Which after speaking to two consumers of mine who are truly respected attorneys in the state, informed me that the structure of my capability to appeal was defacto that I have no appeal capacity. This is what I was told.With regard to payment, I was not conscious that I could NOT Invest a judgement.

[teyo]

According to RI approach service guidelines the summons and complaint have to be created by "delivering a copy of the summons and complaint to the person personally or by leaving copies thereof at the individual's dwelling residence or usual spot of abode with some particular person of appropriate age and discretion then residing therein"See:http://www.megalawserve.com/states/ri.phpSo it appears that taping it to the door was not suitable service."I filed a motion I believe to vacate or move the case back to a trial"Well, if you did not get that exactly appropriate it could clarify why the judgment wasn't vacated."what recourse do I have are there any montions I can file or actions to be taken - i'm past appeal for confident"It seems that there is practically nothing you can do about it at this point.Why don't you sue the guy for the income he owes you?

[wapi28]

I have a rapid question:If you are nevertheless paying him, but contemplating Never ever to Sue him given that he has no cash, you should bear in mind he DOES "have" money.He has YOUR funds going to him on a standard basis!IE: if you sue him, and acquire, say $2500, the court might (ok, you reside in the wild wild East, RI) Need to implement what you owe him, then he has to spend you back the balance.So, you know you will not acquire any income from Deadbeat Kid, but at least you will have erased getting forced to pay HIM! Count on that aids.And I"m with each other with the other individuals, when did RI turn into an Appropriate Fiefdom?

[Kian]

In just about any future articles, please format them correctly with regular syntax and punctuation. Yours was very difficult to follow."... was recommended by a worker (evidently) to document the match while I was out-of-town - so that I'd not get the service - the service was taped to my doorway - and recorded as served..."Documented as served by whom? A sheriff?? I collect easy support by publishing isn't authorized in RI??"... I filed a motion I want to leave or transfer the case-back to your test..."Im, are you unsure what you filed??"... I am currently spend a idiot regular -..."Why on the planet can you do this vs. charm the judge's choice??"... I am previous appeal without a doubt..."Subsequently oops.You need certainly to talk to an area civil lawsuit lawyer to ensure your own time to appeal the judge's determination to not give the motion to leave is truly kaput. You may also wish to create a letter for the main judge, state club, and regional and state government representatives for the impact how dissatisfied you're the judges can easily dismiss process/what the law states each time they like. Will not help your situation whatsoever, but perhaps it'll help in the future.

[Tripper]

I should and at this point will sue.
The individual lives with his mother at 34, unemployed or marginally thereof - so I'm not sure I would recoup a judgement.
But at this point I will litigate just for satisfaction.

[Wambliwaste]

"Which after talking with two customers of mine who're really respected lawyers within the condition, advised me that the framework of my ability to appeal was defacto that I've no appeal ability. This really is what I was told."If you've gotten deemed legal counsel, then why did you bother to publish here??Hello, if the people of RI do not do something about their judicial process by means of the legislature, then I do not know what to inform you. Having said that, there are methods you might have availed yourself of during the time. "Actually the appeals process, at-least for small-claims in RI appears to have no procedure."It might "appear" to have no method, but I am certain there's. Did you study on the laws and court guidelines guide?"You've two days to appeal, together with the caviat that the judge who made your decision choses whether you can or can't appeal at-least thats what happened in my own situation."That seems a lot more like a motion for reconsideration; obviously the judge who determined the situation initially reaches choose whether he-she'll reconsider. When they choose to not, then you definitely proceed to the right appeals court.All this is moot at this stage. "Regarding cost, I wasn't conscious that I couldn't SPEND a judgement."I would not pay anything easily were appealing the view, however it does not seem like you worried. SHOULD You discover, for example, that Exxonis gotten away with avoiding spending on the view by attractive I do not understand how a long time now.All that stated, at-least be thankful that the plaintiff obviously approved a payment program. He might have garnished wages, taken property, etc. If you have not reduced $1500 at regardless of the view rate of interest might be right now, seems like youare equally in serious straits.