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Saturday, November 26, 2011

The Cart Before The Horse

I got a letter from a collections agency regarding the claim and counterclaim with Nesley Thomas the very same day I got a letter from Franklin County Municiple Court that they want to "mediate" the case rather than take the case to trial.  It seems to me that as far as the collections people are concerned this case has already been resolved.  I confess that I see no reason to go through mediation when the outcome is fixed.  I had requested a jury trial when I changed my address with the court.  I won't be negotiating with anyone unless the collection agency is informed that a trial about the money and damages is still pending.  It looks to me like Nesley's unethical lawyer just wants to examine my evidence so that he can beat me later in court.  I am not going to fall for that.  The time for mediation would have been last May 2011 when Nesley threatened to not renew my lease because of my complaints about the wet basement (punishing me for my interactions with Lori over the phone bill).  The time for mediation would have been before she took it upon herself to break my kiln.  If I attend this spectacle, I won't be bringing any evidence that Nesley's lawyer can try to suppress during the jury trial.  I don't think a jury of our peers will be amused at Nesley's slumlord activities, and upon looking at my evidence would understand completely why I sent her receipts for the kiln rather than pay her any more rent.  Each time I open a toolbox that was in that basement I find damaged tools.  It is very likely that by the time this matter comes to trial that her damages will kick the case into common pleas, and she will be the defendant.  In the meantime she has some taxes to pay and some title transfers to pay or she just might start losing property.  But lets not put the cart before the horse!

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