EVER BEEN TO CLOWN COURT?

In 2009, a tenant started a grease fire in the kitchen of a rental unit that I owned in Norfolk, and I ended up paying $5000 to cover the deductible as part of a $14000 claim.  Given my knowledge of the tenant’s financials, I decided that it would not be cost effective to file suit against her to try and recover the 5K, and since it didn’t put me in the poor house I dropped it.  Two years later, my insurance company had different ideas and decided to file suit to get their money back and of course my deductible was going to be a part of their recovery effort.  This blog is about my day in the Norfolk, VA General District court, or what I have dubbed “My Day in Clown Court”.

I get to court 30 minutes prior to our scheduled time, and meet with the two lawyers hired by the insurance company and all seems to be going well until they tell me that the judge is running about two hours behind schedule.   Once I sat in the court for a few minutes, it was painfully clear why she was behind, and thus I resign myself to the possibility that I could be here all day.  This judge may have been the most incapable person in her profession that I have ever encountered, and considering I’ve traveled the world and met thousands of people, that’s saying a lot.  It was clear from the very beginning that she had a serious distain for corporations, business people in general or anyone who appeared to have any wealth at all.  Let me give you some examples of how this judge settled cases, and I assure that while I cannot quote word for word what was said, this is pretty close to how things went.

1.       Attorney presents a case against a former tenant who departed owing the property owner approximately $3000.

Judge – Miss, do you agree that you owe the amount stated?

Defendant – Yes Judge

Judge to lawyer – This defendant would probably never be able to pay off $3000, would your client settle for $500? (Never heard a judge ask that question before, so I’m now officially worried)

Lawyer – I don’t think so Judge.

Judge – Can you call them? 

Lawyer – I can try, but they are out of the country. 

Judge - Try, I know she can’t pay, and $500 seems fair!  I (don’t know how it ended up, but really judge?)

2.       Attorney ask judge to enter Summary Judgment against a defendant who’s case was set for trial today, but he failed to file his defense documents prior to the stated due date.

Lawyer – Your honor, we request a Summary Judgment against Mr. X, based on his failure to meet the court’s filing deadline.

Judge – Mr. X, do you have a reason why I shouldn’t enter judgment against you?

Defendant – Judge, I went to my country for a visit, and when I got back, I had Jet lag.

Lawyer – Judge, his reason is not relevant, we are asking for Summary Judgment.

Judge – Ok, Mr. X, I’m going to give you until December 7^th to make your filing, but if you don’t file this time I can’t help you.  CAN YOU SAY JUSTICE DELAYED? By the way, she never responded to the attorney.

3.        Guy owes $14000 to loan company.  (Only Caucasian defendant of the day but don't worry, he got the hook up tooJ)

Lawyer – Judge, Mr. Y owes Capital One $14K for a car loan.

Judge – Mr. Y, do you admit that you owe this debt?

Mr. Y, Yes judge.

Judge – Ok, I am going to enter judgment fir 14K with 6% interest starting today against you.

Mr. Y to Judge – Judge, the original amount was $10K before they started tacking on interest payments, so I think that I should only have to pay back $10K.

Judge to Lawyer – We’re entering judgment for $10K with 6% interest starting today.

Ok, you’ve read enough, so I’m not going to bore you with the details of my case, but it suffices to say that when Rich Black Guy with Heavy Hitter Insurance Company shows up in this judge’s court against poor down trodden grandmother, the evidence really doesn’t matter!  This judge ignored the expert testimony of the fire inspector, claims person and everyone else in record time as she denied our claim in favor of the defendant.   As I said, I had written off my $5000, so not getting the judgment wasn’t a big deal, but the way that this judge handled her rulings all day was really disturbing. 

I’ve been in enough VA courts to know that thankfully this judge isn’t the norm throughout our courts.  This judge is a person who has determined that she’s going to protect the little people at all cost, even if it means that she has to deny justice to everyone else.  My guess is that she proudly voted for Obama, and believes much like he does that wealthy people are the problem in the world and that irresponsibility by most of the people who pass through her court really isn’t their fault.  She’s an enabler, she’s one of the reasons why there will always be an over abundance of poor and disenfranchised people in America, because she will never, hold any of the people who pass through her court accountable. 

Yes, I went to “Clown Court”, and the Court Jester was the judge!

I’m Just Sayin