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What do you do when a lawless county 3000 miles away from you enters a lawless judgment against you?

Providence, RI |

I sent an email to my brokerage accusing them of a potential SEC violation in federal court (work product) and I was sued under anticipatory breach of the forum clause to bring actions exclusively in King County, WA. It went right to summary judgment for no damages and the court approved $14,000 (Fourteen Thousand) in attorney's fees for this declaratory frivolous SLAPP action. I wasn't even provided service for the lawsuit. This has happened to me before exclusively in King County, WA. I continue to get no notice lawsuits and expedient judgments entered against me there. I have considered a federal RICO suit against the judge, attorney, and county. This isn't even to mention that the lawyer settled with me then withdrew the settlement. I work in Warwick, RI as a CEO.

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Attorney answers 1

Posted

Your best bet is to hire an attorney in WA and challenge the judgment. If they attempt to domesticate the judgment in RI, you could challenge it on certain limited grounds, but you lose some options if you don't challenge it in the original jurisdiction.

Good luck.

Asker

Posted

This isn't expert advice, this is advice you find in a youtube video made by a 12 year old. No offense intended. There's nothing here. We have a foreign jurisdiction abusing full faith and credit don't just give me the Barney version of things. This a real aberration and the correct answer is not to challenge it in the jurisdiction that is perpetrating an unlawful act according to now seven judges who have been asked and thirty lawyers. Check your loop.

Carl P DeLuca

Carl P DeLuca

Posted

Why don't you tell us the "correct" answer, then?

Asker

Posted

I know the answer is wrong because it isn't rational. The jurisdiction is corrupt and you say the best bet is to contest it in the jurisdiction. That's the same thing as saying if you get robbed the best person to report the robbery to is the guy who robbed you. That doesn't make any sense. That's the worst person to report the robbery to. He knows, he did it, he doesn't want to make you whole again. The only answer I can think of, considering the concept of checks and balances, is to file in another jurisdiction that is not a "robber", i.e., to remove the case to federal court. How else does one apply checks and balances? With proper checks and balances, one corrupt court doesn't swing the world around on its whip.

Carl P DeLuca

Carl P DeLuca

Posted

I was hoping you would have the "correct" answer after speaking with seven judges and thirty lawyers. I guess not. For those that might have a similar problem, the difficulty in answering questions online like this is that the person asking the question rarely provides all the information an attorney needs in order to give proper advice. In most situations the questioner isn't going to be able to adequately protect their interests without the assistance of an attorney, anyway. This type of situation requires the assistance of an attorney. If a judgment is entered against you in a different state and they try to domesticate it in your home state, generally you can only defend on jurisdiction grounds in your home state - that is, you must argue that court that entered the judgment didn't have personal or subject matter jurisdiction, for instance. That's because there is a presumption, unless you demonstrate otherwise, that you were given an opportunity to defend yourself in the other court and the only defense is that you were NOT given the opportunity or that the other court had no business hearing the case in the first instance. Now, if you prevail on those grounds in your home state, the plaintiff cannot garnish your wages or attach your assets in your home state. However, that doesn't mean that the matter is over. Unless the statute of limitations has run, the plaintiff can bring the action again in the proper jurisdiction and with proper service. So, unless the matter is dismissed or overturned on it's merits, defending in your home state just protects your assets. It doesn't undo the judgment. Indeed, unless you go back to the original jurisdiction to vacate the judgment, the judgment will likely remain on your credit history. The most thorough thing to do is to challenge the case in its state of origin in the form of an appeal or an action to vacate the judgment, if that's still possible. Naturally, if the judgment is for a relatively small amount, you really have to weigh whether or not the issue is worth the cost of litigating it in the state of origin. Finally, it is possible to sue someone for fraud if they obtain a judgment against you by perpetrating a fraud on the court (faking proof of service, etc.) and it is too late to challenge the judgment in the state of origin. It is not often done and the issues of cost, etc., still must be considered. If you find yourself in this situation consult an attorney as soon as possible. There are time limits involved and you will need to take quick action or you will lose some of your options. This information above is full of generalities and is offered for guidance and not as advice.

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