Big loser

Entry #468
Thursday, May 31, 2001

I was feeling pretty solemn today, after losing my court case against Seattle Auto Glass. They didn't even show up -- I figured I had it locked. But I'm telling you, I think Judge Spearman was out to shoot my case down.

RCW 80.36.400 -- which prohibits those obnoxious pre-recorded phone calls we all get -- falls under the Consumer Protection Act, RCW 19.86. That act states that "any person who is injured in his or her business or property" by a violation of the act "may bring a civil action in the superior court..."

I filed in the wrong court. If I wanted to file this, she said, looking down upon me, I needed to go upstairs. I looked at the bright side: I get to learn how to file a superior court case. But, damn, I could've used that $1,500.

I headed upstairs to the law library and checked out the RCW -- sure enough, "superior court." It was one of those legalistic blobs of law, and I didn't even finish reading the whole thing. I wished I'd thought about reading even a little bit of it before filing the damned case.

I headed across the floor to the superior court office, which is much nicer than the small claims section. I asked about filing procedures and the guy was very helpful. The fee: $120. The form: just like this one, these margins, this font size, this latin. You have to do them yourself. (!) There's a store nearby that sells legal forms. Do they have them on the web? Oh yes, they have them on the web. Phew. They have them on the web.

On the bus to work, I kinda felt good in getting knocked off my high-horse. I figured I could just roll on into court and take on anyone who fucked with me, and Judge Spearman tripped up my swagger. I was humbled.

Since I've started this little pre-recorded-call crusade, I've learned that they're actually illegal under federal law, so I looked up the US Code and saw that you can take action in an appropriate state court. It doesn't specify superior court, and district court is much more appropriate for a $500 civil claim, so I'm going to refile this case in small claims using the federal law.

Doing more research on the federal law, I found a federal court case from the Fourth Circuit that dealt specifically with jurisdiction of lawsuits under this law, and the court said that the law intended for people to file in the small claims division of district court.

This seemed like a lock to me, but then again, so did my case today. What if the judge rejects this argument? What if she just says, "we're not in the fourth circuit." I'm telling you, I think she was out to get me. I spent a good deal of time thinking up responses to that one.

"With all due respect, I see no reason for Your Honor to discredit and debase the opinions of the Fourth Circuit Court of Appeals."

Did I mention that I'm pretty sure she was trying to throw my case out from the get-go?

On the bus ride home, I decided I would also get this law changed. I don't think the authors of this law intended for it to be interpreted this way. They didn't want consumers paying $120 filing fees, hiring lawyers, and drawing up legal papers to get the $500 owed to them under the Consumer Protection Act. The whole way home, I drafted a letter, in my head, to every single state legislator.

When I got home, I started putting this letter on paper, and it was actually pretty good. I went online to cut-and-paste some RCW bits, and then -- it happened.

I read the complete section.

"PROVIDED FURTHER, That such person may bring a civil action in the district court to recover his or her actual damages, except for damages which exceed the amount specified in RCW 3.66.020 ..."

"What? Wait, that means. Wait. Hold on."

I read it over. I think it says I can file in either or.

"Wait. No. Um, wait. Did she really just screw me out of $1,500?"

"Um, wait. Hold on. Provided that ... This references ... Okay, let's look at that. That makes sense. I think. So wait."

"I think she screwed me out of $1,500."

So did I mention that I think the judge was out to get me from the start? Because I'm telling you, I think she was.

I started writing a new letter, this one to the Attorney General, asking for help exercising my rights under the Consumer Protection Act. I have no idea what she's permitted by law to do, but I'm not sure what else I should do. I cc: my state legislators, who all happen to share the same off-season office.

Now I'm imagining me telling Judge Spearman that she erred in her previous decision. Because I have two more cases filed, and sure enough, they're before her. I see her getting really mad and interupting me and telling me I'm wrong. I'm sure she's going to tell me to shut up, because, I'm telling you, I think this judge has it in for me.

I really wish I knew a lot about law, because I'm not sure if I'm really, really correct on this. But I think I am, and I think I just got screwed out of $1,500.

Comment on this entry

i could ask my legal writing professor for you. She's a practicing attorney on the side.

ben is so dreamy.

Yeah, I'd do him...<P>

But more importantly, I think we'd better pay a visit to this judge lady and have ourselves a little chat *cracks knuckles*.