So as to put to rest rumors of...

my tragic, much too early demise:

Yes, I’ve, to my shame, been working rather than posting. I have got to win Mega Millions, even though it is down to a measly $16 mil.

The following is a quick recap of the work week so far, I shudder to use the adjective:

Monday morning I had to be at the DeKalb County Courthouse at 9:00 a.m. for a hearing on a Defendant’s Traverse of a garnishment I’d filed to collect on a judgment. We won’t talk about getting to the office at 7:00 a.m., getting ready and then wandering the back roads to Decatur because there was an accident that prevented me from getting on I-85. I’d, happily, scored on the garnishment to the tune of about half of what he owed my client on the underlying Judgment. Traverse hearings are held with Dispossessory (eviction) hearings. It is a mill. There were 94 cases on the morning calendar. I was number two; but, before you think that is a good thing, since my case was “contested,” it went to the back of the line, after all of the cases where the tenant had no reason for not paying rent other than not having the money, given a litany of woes.

About 10:30 a.m., the Judge got back to us and heard a brief, incoherent tale from the Defendant about why my client wasn’t entitled to the money we’d frozen in his bank account. Judge: “Go out and talk, this will take time to try, so far you are last.” In case you didn’t know it, judges don’t like trying cases.

We talked. I talked to my client on the phone. I put my client on the phone with the Defendant. We reached an accommodation. The Defendant would pay what he owed that day. Amazing how someone with no money finds money when checks start bouncing after you freeze their accounts.

I just re-read what I’ve written. Do I sound sufficiently hard hearted to qualify as a lawyer?

Then the afternoon was mostly spent on the odyssey of getting the bank where the funds were kept to release them to my client at the same time, rather than after, I released the garnishment hold on them. Isn’t what I do fascinating?

That accomplished, I spent the morning yesterday preparing the documents to dismiss the garnishment actions (three, in three different counties), a Satisfaction of Judgment, a Release of Lis Pendens (two, in two counties) and cover letters for all of the aforementioned.

The afternoon was spent, first with trying to find a person that works for an unnamed credit reporting company, the name of which starts with "E," "E," or "T." She had called and left me a voicemail to say that she'd responded to my Request For Production of Documents To Third Party" by Fedex, but that Fedex said I wasn't at the address she sent it to. Bad me, I'd written her number down incorrectly and deleted the voicemail. Did you know that "E" does not want to talk to you? I found an 800 number on line and called it. "E" employee located in undisclosed country: "Thank you for calling "E," may I help you?" Me: "Yes [explanation of my problem], can you give me Ms. X's number or tranfer me to your internal operator?" E employee: "May I have your confirmation number?" Me: "I don't have a confirmation number [explain problem again]." E employee: "May I have your social security number?" Me, with "big boy voice" and irate tone: "No you may not, this isn't about me, I've told you what I need, can you help me or not?" E employee: "May I place you on hold for one to three minutes?" Me: "Sure."

Ten minutes later, I hung up. Nice hold music though. I hit redail and this time I got a very nice lady located in the undisclosed country who, after I explained my problem, asked me if the woman I wanted to reach worked for E. Three times. The third time, I said "this is the third time you've asked me the same question, the answer is the same as the first two times, yes, she works for E." E employee: "May I place you on hold for one to three minutes?" I then explained that the previous person had asked the same question but hadn't come back when I hung up at the ten minute mark. E employee: "Sir, I must understand the nature of your inquiry..." Me: "May I speak to your supervisor?" E employee: "May I place you on hold for one to three minutes?" Me: Sure.

As I listened to the nice music, I realized I knew someone in an undisclosed department of the unnamed credit reporting company. I called him on my cell phone. "Hey, Y, it's Dave, how you been?" "Dave, man it's been awhile." We talked for awhile and I asked if he'd do me a favor and explained my plight. He said sure, I heard clicking, "Her number is ......." "Thanks Y, do you mind if I hang up on the E employee in the undisclosed country?" "No problem man, I'm all about customer service."

I left Ms. X a voicemail with the correct address. The documents arrived this morning at about 9:30 a.m., by Fedex.

The remainder of yesterday afternoon was spent dealing with a landowner in an undisclosed state attempting to extort money so as to allow my client to do work it was under contract to do. I researched the issues of trespass, conversion and slander of title under said undisclosed state’s law and the whether Federal law pre-empted that state’s law because, hell, I don’t even want to type the why. It’s very boring.

That continued this morning until about 11:30 a.m., when I realized I had to get my butt in the car to drive forty-five minutes north of Atlanta to be at a Calendar Call in the Superior Court of Cherokee County, located in the picturesque, but remote town of Canton, Georgia.

My participation in said Call: “Your Honor, we have filed a Consent Motion to Continue with the Clerk of Court, and provided a courtesy copy to your Clerk.” Judge: “The case will be continued.” Me: “Given the continuance, may we (me and the opposing lawyer) be excused?” Judge: “You may.” Me: “Thank you your Honor.” Drive to Atlanta.

Back at the office: continue to draft a letter to the lawyer for the extorting landowner in undisclosed state. I realize that I need to do some more research and call it a day.

So let’s have a vote: No more descriptions of what I do for a living rather than posting, right?