I have decided to sue

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Expand view Topic review: I have decided to sue

by AArdvark » Fri Sep 21, 2012 1:59 pm

Nah, he'll go off on some tangent, usually involving food, that'll take up three pages of much needed blank space.

But his food vids are awesome



THE
NARROW FOCUS
AARDVARK

by Garth's Equipment Shop » Thu Sep 20, 2012 8:11 pm

It seems to me that as prolific a writer as you are TDarcos you could easily whip up a full length expose of this story. Something like: "Eviction Notice: The personal trials and tribulations of TDarcos." I am sure others who went through or are going through something similar will pay good money to read it.

by Flack » Thu Sep 13, 2012 1:14 pm

I'm still in shock that a guy that runs his own real estate business and provides legal advice/services to people was somehow able to outmaneuver TDarcos in court.

by Ice Cream Jonsey » Thu Sep 13, 2012 12:23 pm

What? Where? This thread? Where? Don't piss on my Flack and tell me it's feigning.

by pinback » Thu Sep 13, 2012 12:03 pm

You gave him permission IN THIS VERY THREAD to break the 8-line rule.

The fuck is wrong with you?

by Ice Cream Jonsey » Thu Sep 13, 2012 11:51 am

Thanks, but we're doing everything in 8 lines or fewer now.

by pinback » Thu Sep 13, 2012 9:21 am

How does "cashing a check" provide any less of a paper trail than "depositing a check and withdrawing the same amount immediately afterwards"? Unless you mean like one of them GET CASH FAST! places.

by Tdarcos » Thu Sep 13, 2012 9:15 am

Ice Cream Jonsey wrote:What ever became of this? Tdarcos, in this thread, feel free to write as long a post or posts as you like.
Last month it was scheduled for trial; I had thought his attorney was going to ask for a continuance, which was fine, I wasn't really ready either. Lawyer doesn't show up, and Swetnam is completely clueless. (This was also the first time I'd ever seen him in person.)

Like one of the things he wants to ask for is a jury trial. I think I nearly guffawed, and the judge explained to him that you only get a bench trial in District court. (You can get one in Circuit Court if you want to pay the fee, which which I suspect is $360.)

So the judge grants a continuance. I get a continuance (in the mail) for yesterday, September 12,

I go to BB&T, and I did get the copy of the check I sent him along with my statements. But apparently the other checks were written on a different account. Find out it was on my corporate account with Bank of America. (I got confused because at the time I also had a corporate account with BB&T and thought I'd used that account.)

BBT had no problem finding my old statements and the check from him, but I had issued one on Bank of America and they were giving me trouble about looking up an old account. So I didn't bother.

So, start of round two.

It turns out the check was cashed at the bank, specifically at the branch in Greenbelt., cashed, not deposited; it turned out Swetnam was smart enough not to deposit the check so it doesn't create a paper trail. I had never met him in person so I couldn't prove anything that way (I had dealt with one of his associates because his office is on the second floor of a building with no elevator), and so, basically, since all of my papers got lost when the sheriff threw me out.

You can't get punitive damages in district court, so all I could get would be what I could prove, which is the $500 of the check (plus court costs)

He's denying that he signed that check. I can't prove I had a contract with him.

I lost.

It was an interesting experience and I realized just how well this guy screwed me over, because I probably couldn't have proved I had a contract for this anyway.

I can appeal within 30 days to Circuit Court and get a new trial, but I'm thinking that it's just a waste of time. He specifically stated that he never cashed a check from me during the months in question when I questioned him (the judge has both parties sworn before trial.) Nor had he had spoken to me on the telephone during those months, he claims.

So, if I wanted to go through the trouble and possible expense, if they are available, of subpoenaing the SMDR data (call connection records) for Verizon and MagicJack to prove I made several calls to him (and possibly he called me back) during the period he claimed it did not happen, and get surveillance tapes from BB&T of the branch he went into at the time when the check was cashed, I could prove he perjured himself.

So given the contact information - him cashing my checks and receiving several calls from me over the time in question - I might be able to prove by inference that there was a contract even if I don't have the papers, I don't know if it's worth it. Even if it meant that I couldn't win but I could prove he lied under oath and got some punishment for that, I still don't think it would be worth the trouble.

by Ice Cream Jonsey » Mon Sep 10, 2012 10:26 pm

What ever became of this? Tdarcos, in this thread, feel free to write as long a post or posts as you like.

by AArdvark » Thu Jul 05, 2012 4:15 pm

He want to settle out of court.

I got a call while I was out today

by Tdarcos » Thu Jul 05, 2012 4:00 pm

Once a month I go to the Credit Union so I can get checks for my bills, rent, etc. I get home and I discover that there were a few phone calls on my line. Usually bill collectors or companies trying to get me to invest in something.

There are two 301 area code numbers. Usually it's someone wanting notary service. So I try to check back. They called about 5 today. I didn't get home until about 20 minutes ago and didn't get to my computer until now, so they called almost two hours ago.

But I like to check just in case it's something important. Well, they didn't answer, but their machine did. I was so shocked, I just hanged up without leaving a message.

The answering machine message began, "Hi, this is Stan Swetnam..."

The only possible way he could have my number is because he was served with the complaint. Oh wait, I had called him before. Three years ago.

On the third, I tried to get to the credit union but on Tuesdays they close at 2, and I just missed the connection. So I had to go today. And wouldn't you know it, it's the day he have called.

So at this point I'm thinking one of two things. Call back and actually leave a message, pretend I just hung up before the machine answered, or call him tomorrow.

Well, i'll see who the other number is.

by AArdvark » Thu Jun 07, 2012 6:29 pm

Try playing the Ukelele at him!




THE
HYSTERICAL!
AARDVARK

by Jizaboz » Wed Jun 06, 2012 11:48 am

I think I liked the live version of this better.

I think.

All in all.. what a shitty situation, Tdarcos. Damn politicians and lawyers...

by pinback » Tue Jun 05, 2012 6:39 pm

June 6th.

And that's 11 AM your time, Paul. Because of the time zones.

by Ice Cream Jonsey » Tue Jun 05, 2012 5:52 pm

Hi guys, Robb Sherwin, acting as producer of the Don Rogers Show.

Tdarcos, that's a GO for Wednesday, June 5th. We'd like to have you on during the first segment, at 8:00 AM Pacific.

by pinback » Tue Jun 05, 2012 5:39 pm

I think that would be okay but I have to check with my producer.

by Tdarcos » Tue Jun 05, 2012 5:22 pm

pinback wrote:Failing that, would YOU like to discuss the suit on the Don Rogers show, 11-12 AM Eastern?
Absolutely. Wednesday?

by pinback » Tue Jun 05, 2012 4:53 pm

Failing that, would YOU like to discuss the suit on the Don Rogers show, 11-12 AM Eastern?

by Ice Cream Jonsey » Mon Jun 04, 2012 2:04 pm

Do you think we could get Seth to be on the Don Rogers show? Maybe guarantee you both $5 to make an appearance and have the show act as a sort of "pre-trial" discovery?

Or Set. Stet? Whatever.

I have decided to sue

by Tdarcos » Mon Jun 04, 2012 1:18 pm

If you were watching here back in 2009, you might remember when I mentioned how a deputy sheriff from Prince George's County served a court order of possession evicting me, my stuff and some others staying there, out of the place where I was staying because the landlord stopped paying for his mortgage.

Earlier, I had hired a guy named Stan Swetnam - he contacted me - in which I paid him a fee and a monthly retainer, and his job was to advise me of anything happening so that I'd have time to move my stuff out and leave.

He failed to do a goddamn thing. Had he done his job, which I discovered later basically meant checking the court file once or twice a week, I would have had more than a month's notice of the pending order.

Worse, he knew I was handicapped because when he invited me to come by his office and see his record of his great results in keeping people from getting their stuff dumped on their front lawn, I discover I can't because he's on the second floor of a building with no elevator. His associate brought over the contract.

There are a lot of things I could have done because I'd have had quite a bit of money instead of spending it on things (for example, I could have skipped the electric bill, they wouldn't be turning it off for at least 30 days). I would have had plenty of time to do everything. Hell, even if I had just had a week I could have done something to mitigate the disaster.

I could have rented a car, rented a truck, hired a couple of day laborers from in front of Home Depot, one with a drivers' license, had them move everything I own into storage, then I could have actively found a new place that I could have moved to. Or if I had trouble finding one, rent a motel for a week or so. I would have had lots of choices and things I could have done.

Well, no, I sit around, fat dumb and happy thinking Stan Swenam, the man I contracted with and was paying a monthly fee to do just one thing, was actually doing what I was paying him to do. He wasn't, and as a result my stuff gets unceremoneously dumped on the front lawn.

The only reason I wasn't unceremoneously dumped on the front lawn is that the sheriff's department apparently can't simply dump a handicapped person on the street. So they end up getting Metro Access to come get me and I get taken to a temporary Homeless Shelter.

This tells you the kind of pull the county has. Metro Access requires one day advance notice. No exceptions. But the people at the county offices got Metro Access to pick me up in a couple hours. In the mean time, for the same reason, the sheriff's office also can't just abandon me either, so they call up another deputy who just sat in her car and watched until Metro Access shows up.

Note that the vuiltures stayed away while the cops were there. And some of the people I knew that were staying there, did absolutely nothing to help when others came by and stole anything of mine they thought would be valuable. I tried to explain that I can do something, arrange to have a truck and a few other things if I can have some help to do this, but nobody wants to do a damn thing but complain and blame me for the eviction.

I came back a few times to get stuff as I could carry it. I saved a few things - you can't take a whole lot to a homeless shelter - and I was able to recover some of the stuff I had I guess wasn't worth stealing, like my clothes and I retrieved a few other things.

Someone I knew, knew who swiped some of my computers, so with a short and not extremely expensive discussion he got them to ransom the ones they had back to me (someone else stole a couple others), so at least I had my files.

I seethed over this over the last three years. In fact, once I got a new place (where I am now), I think I more-or-less did the equivalent of an alcoholic going on a bender: I crawled into my room, pulled the cork in after me, and hid there for the next year or so. I don't think I did much of anything beyond eat, sleep, shit, watch TV and bathe occasionally, plus go out every so often to get food.

Eventually I came out what was probably a depression and decided to close down the pity party I'd been holding. I came back from the dead. I bought a new monitor to replace the one I had. I had the landlord order Internet from Comcast since he can add it to the existing cable service at a cheaper price than if I order internet alone, and I pay him for the extra charge. I've since bought two new computers and I've brought myself up to trying new things. I've bought three new cameras to make up for the really nice one I had that got broken during the move.

I did some software projects for people and made a little money. I became an election judge in 2008 and again this year. (I was at Maryland's primary election in April. I'll be serving at the General Election on November 6.) So I've been busy.

Maryland's limit on suing people is three years. I have more-or-less gotten past the whole thing. But it still bothered me that I had been betrayed, lied to and cheated. Then I thought, let it go, there's no point in commiserating over basically the fee I paid Stan Swetnam, about a thousand bucks, and go on with my life.

Then I realized, he's the proximate cause of my losing a lot of possessions: computers, a monitor, office supplies, phone system, furniture, a TV, a video display, a refrigerator, a microwave oven, reference books and so many other things. I could sue him over the value of those things, too.

I came to a point about thinking about it, and I decided that it wasn't fair to let him get away with screwing me over. I figured out that roughly June 1 would be the last day that I could file and be within the 3 year statute of limitations.

So I went on the website of the District Court, and filled in the paperwork - one page! - for the case of Paul Robinson v. Stan Swetnam of Upper Marlboro, Maryland. For the amount of damages I just picked the maximum for a small claims case: $5,000. If I total up all that I lost I'm sure it might even be more than that.

Since the 3rd was a Sunday, it meant my check was direct deposited on the 1st and thus I can just do my monthly financial arrangements. So I went to the credit union, got my rent check, my check to the credit card, my check to my storage facility, and two checks I've never had to have issued before.

One was for $28, the filing fee for a small claims filing of $5,000 or less. The second was for $40, the cost to have the Sheriff serve the defendant with the claim.

I went out to the courthouse, gave the cashier two copies of the complaint and the two checks totaling $68. That was on Friday, June 1. Since I was in the courthouse, I decided to stay and watch a few cases. I was in one courtroom watching civil cases being tried, then I went upstairs and sat and watched serious traffic cases (the ones where someone could go to jail).

When they get to the end of the proceedings the prosecutor asks me my name; I realized what he was doing (he wanted to make sure if I was there for a case that I didn't get marked as a no show and receive a bench warrant) and I explained I was just a spectator. Then later, the judge noticed the nice man who had been sitting in the back through the whole proceeding and asked, and I told him the same thing.

The judge was rather pleased about this, that they don't usually get visitors (I knew what he meant, most of the time the only people who show up are the defendants, the witnesses, the victim, the state's attorney and the cops. Sometimes not even the defendant; the judge must have issued at least 10 bench warrants for people who didn't show up for their trials.) I even got to ask him a few things.

It's a long way to go out to the courthouse, but it was fun watching and I might do it again some time. In fact, either the judge or the prosecutor, I forget which, suggested I might be interested in looking for more serious criminal cases if I was interested in watching stuff that was happening, as they tend to be more exciting than routine traffic cases.

I think I might just go out to Baltimore and watch some trials over there.

Update: I went up on the court's website and the case is there,
http://casesearch.courts.state.md.us/in ... oc=DSCIVIL
and the trial date was set today for August 7.

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