Read this document. It has been revised.Thank you all for your support.
Read this document. It has been revised.Thank you all for your support.
As I've said before, I hope you win this lawsuit. I believe you are right that Brinks is misleading the court. However, based on what I know about procedures, I would strongly advise you to hire an attorney in Texas to handle this for you. If the referenced file is what you sent to the court, much of it (including very significant points you're trying to make) will be ignored. You can bew 100% right and still lose if you don't precisely phrase things and present them in the prescribed manner. If this were a court of small claims in most any state, you'd be fine since the rules are less stringent and the arbiter would simply weight the merits of what you are saying, knowing you're not a professional attorney. Unfortunately, this is not a small claims matter. You have to know the procedure and follow it or your documents get tossed.
Jim, you're way too nice. I would have included the information on the4000 series. I would also have mentioned that every step in this lawsuit is publicly accessible at tech-man. I don't think it's necessary to hire an attorney in Texas. I'm certain you're going to receive adequate notice of any proceedings which you will be able to attend. The finer points of Texas law won't win Brinks their case. The fact that they continue to insist they have patents on the equipment they service when in fact it's OEM to them makes their entire argument ludicrous in the extreme.
It certainly was nice for Brink's to make sure this got into Federal Court instead of any State Court. This is guarantied to weed out any chance of any influence reason has to play. There is seldom anything fair, reasonable, or just that finds its way out of any courtroom in any case. Being correct (or innocent for that matter) is no defense. All the items that Jim submitted are really items that would be used for his defense at trial. Working as his own attorney to date may make it more difficult for him to hire representation later on. Most responses to the court at this stage of litigation are point by point boiler plate denials of the facts claimed by the other side and stating a demand of "strict proof thereof". Unless the Court for some strange reason takes pity on Jim, I doubt the court would take any notice of the facts in Jim's submissions just for that reason. However Brink's might use it to prepare a motion in limine to make certain it never gets seen or heard in court. Ultimately, if Brink's pursues this, these will be the matters of fact for a jury to decide and Brink's lawyers will do everything to make certain only their version of the facts are heard by a jury and that Jim's aren't. The jury is the finder of fact and the judge applies the law. The lawyers stuff their pockets with cash from both sides in the meantime. It is sickening. Acting as his own council Jim should not expect to win anything at the trial level mostly because he is right and he probably wouldn't understand the technique for getting what he put on his response as evidence for a jury see in the first place, let alone to consider. As a practical matter the judge couldn't take too much notice of the items Jim submitted since a proper foundation for their admissibility has not been established and objections to their entry from the other side have not been heard by the court. Quoting nolo.com: "Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial." I suggest that Jim spend some time watching a real trial or two with similar type disputes in a Federal Court in his own area to get the flavor of what I am saying. It is too easy to think that I am being bitter or warped in my descriptions of the legal system unless you see it for yourself in action. Once seen it is truly something to hold in complete contempt.
"Jim Rojas" wrote in message news:468e8aeb$0$12231$ firstname.lastname@example.org...
Brinks now wants to file a temporary restraining order.Thank you all for your support.
Just Look> It certainly was nice for Brink's to make sure this got into Federal Court
Look its real simple,
They keep accusing you of being a thief, I think I'd start looking for a lawyer to counter sue Brinks for slander and the filing of a frivolous lawsuit... What you're facing is commonly known as a "Slap Suit", it's to shut you up or shut you down by running you out of money... You really need to seek legal counsel, somebody that's willing to take the Fuckers (sorry, these Corp. types anger me) on just because it's the right thing to do........... What's really sad about the whole thing, you couldn't hurt Brinks if you tried, they out advertise you, and they have lots of other resources (tons of Sales staff) at their disposal... The lawyers must be looking to justify their existence by finding someone to sue in the name of Brinks all mighty......... How sickening..... Ugh.......
Noba Bascoba? js
Are there any documents that Brinks can supply that inform competitors on the proper technique for disposing of Brink's property without running afoul of its legal department?
Jim, I don't think you realize it, but you are in BAD legal trouble, and you have less than one week to deal with it. You are in desperate need of a lawyer. YOU NEED A LAWYER, TODAY!
You have not filed an adequate legal answer to Brink's lawsuit. Consequently, the court clerk has already entered a default against you, and Brink's is moving for a DEFAULT JUDGMENT against you. That means they win, and you are going to owe them money. The hearing on this motion is scheduled for July 16.
This is not small claims court. You don't just write the judge a letter explaining your side of this. You have to follow the rules! If you had more time, I would suggest that you look for the pro se litigant's handbooks published by several federal courts, but you don't have time. You need a lawyer right now!
Your lawyer may be able to get this case transferred to a federal court in Florida, but the Texas judge is probably pissed off at you for ignoring them, and may not be inclined to do you any favors. But right now, your priority is to avoid having a default judgment entered.
Drop whatever else you are doing and take care of this immediately. This is deadly serious business.
Careful!You get unpredictable results when using the words without quotes outside of a courtroom
Folks that have never been carpet bombed by the legal system sometimes don't fully understand that it is a process that even in victory can leave you defeated. Jim has joined an attorney enrichment program, but it seems has not really got with the program. Once a deputy shows up with the default judgement to get his boat, or car, or whatever Brinks wants to get I think it will begin to come into focus a little better on what he should do.
It means that ..... he doesn't like Bosco in his chocolate milk.
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