http://paulczechlaw.com/blog-news Just another WordPress weblog Sat, 30 Jan 2010 19:19:09 -0500 http://wordpress.org/?v=2.8.4 hourly 1 http://paulczechlaw.com/blog-news/?p=1&cpage=1#comment-5 Sally Spring Sat, 30 Jan 2010 19:19:09 +0000 http://paulczechlaw.com/blog-news/?p=1#comment-5 I saw your article/page in the February 2010 edition of Our Towne. Although I am not surprised -at but am appalled at -the actions of a person who initiated an investigation and filed a formal complaint with the Disciplinary Board, is truly an example of a person who “definitely” needs help in a small claims court [as they can’t understand the written word!] First, I have found that there are soooo many people who are filled with such hatred that instead of going directly to the source of their anger or question, jumps to conclusions. Secondly, people do not THINK because they think they know it all. My son owns an apartment building and, as one would guess, a tenant was not paying their rent. My son talked this problem over with me before going to court to sue for back payments. A LOT of things evolved before the court appearance as a layman and novice to the court proceedings. A number of questions arose, many issues were brought up. What we needed to establish is: what is the main objective and what should be avoided before appearing before the judge. He was extremely nervous as one can imagine in a first-time appearance; the anger and the name-calling of the tenant made his blood boil. Thank God [again] he had the basics laid out for the judge and left out all other things [as we previously discussed]. I can see where an attorney would be needed – especially - if you are a person who gets nervous, does not do public speaking or cannot hold their temper and stick to the issue at hand. Just to mention this too. We went before a judge in the city of Watervliet and I have to tell you this: I never went before a judge [and except for seeing court proceedings on TV], I have to tell you - THIS MAN WAS ABSOLUTELY FABULOUS. This judge listened to both parties and their complaints equally, he explained the law in regard to both parties, never took any side . . . . yet was interested in the party that was hurting financially. [He made sure that the person was not going to be without a roof over their head, etc.] BUT made it very clear that the law does not allow any one to renege or go back on a contract –in this instance - without payment of rent. It was not a happy victory because someone had to loose and we were not without feelings for a down-and-out person in this economy. You have MORE THAN proved your point to me. If we hadn’t sat down and discussed a strategy, and if my son could not speak intelligently before an unknown authority figure, and with a bunch of waiting defendants and plaintiffs who were disinterested parties in this case but nonetheless critical, we would have lost the case. Sally Spring I saw your article/page in the February 2010 edition of Our Towne. Although I am not surprised -at but am appalled at -the actions of a person who initiated an investigation and filed a formal complaint with the Disciplinary Board, is truly an example of a person who “definitely” needs help in a small claims court [as they can’t understand the written word!]
First, I have found that there are soooo many people who are filled with such hatred that instead of going directly to the source of their anger or question, jumps to conclusions. Secondly, people do not THINK because they think they know it all.
My son owns an apartment building and, as one would guess, a tenant was not paying their rent. My son talked this problem over with me before going to court to sue for back payments. A LOT of things evolved before the court appearance as a layman and novice to the court proceedings. A number of questions arose, many issues were brought up. What we needed to establish is: what is the main objective and what should be avoided before appearing before the judge. He was extremely nervous as one can imagine in a first-time appearance; the anger and the name-calling of the tenant made his blood boil. Thank God [again] he had the basics laid out for the judge and left out all other things [as we previously discussed].
I can see where an attorney would be needed – especially – if you are a person who gets nervous, does not do public speaking or cannot hold their temper and stick to the issue at hand.
Just to mention this too. We went before a judge in the city of Watervliet and I have to tell you this: I never went before a judge [and except for seeing court proceedings on TV], I have to tell you – THIS MAN WAS ABSOLUTELY FABULOUS. This judge listened to both parties and their complaints equally, he explained the law in regard to both parties, never took any side . . . . yet was interested in the party that was hurting financially. [He made sure that the person was not going to be without a roof over their head, etc.] BUT made it very clear that the law does not allow any one to renege or go back on a contract –in this instance – without payment of rent.
It was not a happy victory because someone had to loose and we were not without feelings for a down-and-out person in this economy.
You have MORE THAN proved your point to me. If we hadn’t sat down and discussed a strategy, and if my son could not speak intelligently before an unknown authority figure, and with a bunch of waiting defendants and plaintiffs who were disinterested parties in this case but nonetheless critical, we would have lost the case.
Sally Spring

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