Settled with First Magnus—despite Kangaroo Court, corrupt judge John Taylor and regulators
After over a year in Kingman Kangaroo Court (Justice Court, Cerbat Precinct), I prevailed on appeal and we finally settled my mortgage junk fax claims.
Some background is at First Magnus at Fight Back and the filings are at CreditCourt
You may have read some of the recent news about dramatic increases in foreclosures. Much more important than the fact that the mortgage junk faxes I continue to receive from all kind of scummy outfits are sent in violation of the TCPA is the CONTENT:
The false advertisements of terms and APRs and the misrepresentations and deceptions, not only in the faxes, but also in print, radio, TV and of course web and spam advertising.
Mortgage lenders and brokers engage in ILLEGAL advertising, lie and deceive without suffering any consequences:
*** The Arizona Department of Financial Institutions ignored my complaint and refused to enforce the law.
*** Kangaroo Court Justice of the Peace John Taylor DISMISSED my claims and on his own initiative he invited First Magnus to claim attorneys fees and costs. He then awarded $6,400 for ONE court appearance by the First Magnus attorney. They had not filed a single motion.
If I hadn’t had those $6,400 to pay to the court for a supersedeas bond, First Magnus could have garnished wages, raided bank accounts, etc. to collect the judgment even after the appeal was filed. It also cost me almost $500 for filing fees and the transcript.
The superior court ruled in my favor before Thanksgiving. I called Kangaroo Court to find out how/when I get my $6,400 and Samantha told me that judge Taylor would decide and that he had the file on his desk. Of course he decided NOTHING in his subsequent scheduling order for briefs pursuant to the superior court ruling.
I had to file a motion for return of the supersedeas bond and for First Magnus to pay my costs of the appeal. Judge Taylor then sent out a notice stating that he would not decide until the time for First Magnus to respond expired, in about 3 weeks.
Today I found out that the case was dismissed pursuant to our stipulation, but Samantha is the only person who knows when/how I’ll get my money back and she is out sick.
I SHOULD have received the bond money IMMEDIATELY after I prevailed on appeal. There was no need for the court to keep my money.
So, now you have an idea what to expect in Kingman Kangaroo Court and unfortunately, that may be how YOUR court operates too. It’s even more unfortunate that few people dare to publicly complain about judges IF they had the cash, skills and guts to appeal. The likely repercussions are obvious, especially in small towns and rural areas.
From the court’s website:
Justice of the Peace John Taylor
… After working two years in private practice, Judge Taylor moved to Arizona, and worked in the Mohave County Attorney’s office, until he was elected as a Justice of the Peace in 1998. During his tenure as a Deputy County Attorney, Judge Taylor served 13 years as a felony trial attorney. ...
Having experienced judge Taylor’s nasty habit of deliberately ignoring the law, facts and evidence, I can imagine how many innocent people went to jail and how many lives he ruined.
In 2002 judge Taylor IGNORED the FCRA requirement to provide the adverse action letter after a decline due to information contained in a credit report
A few years ago a reader contacted me after reading about my 2002 cases and he was planning a class action suit against Mohave county over judge Taylor’s misconduct. He had a Tucson lawyer working on the suit, but apparently it was never filed. Too bad.
HOW TO FILE A COMPLAINT AGAINST A JUDGE
I’ll try to get around to submitting my complaint and documenting how nothing happens. And I’ll also try to file another suit in Kangaroo Court soon, I got a big stack of junk faxes and some other issues. Having fallen into many of judge Taylor’s traps, I wonder how many more there are.
So much to do, so little time and money.
Posted by Christine on 12/26/2006 at 11:32 AM
Legal • Court - rulings - procedures • Corruption • (0) Comments • Permalink
