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The Pro Se Problem

The Pro Se Problem

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Published by kimberly_cromwell

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Published by: kimberly_cromwell on Mar 07, 2012
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11/01/2013

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The Pro Se Problem
Recently I received an email from Jurisdictionary titled, ‘The Pro Se”
problem from Dr. Graves (Developer of Jurisdictionary). Naturallythis caught my attention since I am a pro se and wondered what he
meant by “problem”?
Given the current economic climate
 –
 especially the loss of income compounded by escalating mortgagepayments
 –
more and more people are being forced to fight for their
rights as pro se (Latin for “on one’s behalf”) and
we are legally entitled to do so. So what didhe mean by problem?Dr. Graves asked a simple question
 –
 
“If you and friends were playing a game of basketball, and
some bys
tander wanted to play but didn’t know the rules …
how would you feel when he or she
kept fouling and arguing he or she has a right to do as he or she pleases because she doesn’t know the rules?” 
 
It would make for a tense and unpleasant game; but this is not a game andlosing goes way beyond embarrassing, it can mean the difference between keeping your homeand losing it.Jurisdictionaryis an excellent tool for understanding the basics of the law and how a lawsuitproceeds. (Click here for a free lawsuit flow chart from Jurisdictionary). That is just the
beginning and the sooner you get the basics down the quicker you can focus on the “meat” of 
your legal arguments and how to argue them so you can win. Here is a quick guideline of what
you need to know (understand) so that you can use the “rules” to your advantage instead of 
letting the opposition (and Judge) clobber you.1) Under the basic flow of the legal proceeding and the terms. (i.e. Complaint, Answer,Demurrer, Pleading, etc.)
 
 
2) Download and read the “local” rules for the court you will be filing in.
 
3) Write down a “legal strategy plan”.
Enter the date you plan to file your complaint/answerand enter into the plan the estimated dates that documents are due (from you and from theopposition).
These dates will change based on the filings and court’s schedule but you will have
a sense of when things need to be done and filed. It would be a good idea to also write downwhat you expect the costs to be (filing, service, copies, certified copies of documents, etc.)4) Write down an overview of your situation, then identify the areas that you believe the lawmay have been violated. (If you are not sure, refer to our post
and “Issues in Flux –
which covers four
California statues and the Federal Debt Collection Protection Act that are being consistentlyviolated by the foreclosing entities).a) Write down the statueb) Write down the specifics of your situationc) Now compare your situation to the statue and write down how the statue wasviolated, detailing the violation.
(My Notice of Default did not contain a “date”, or itcontained “if any”, or there is no
assignment of deed of trust to the foreclosing entity,etc.)d) Write down the documents that demonstrate the violation and/or people whowitnessed the violation.e) Write down what relief you are entitled to because of that violation (Whenresearching the Statue in Nolo or Onecle they both should explain what relief can/may be granted)5) Now go to Google Scholar (or whatever site you use for case research) and research othercases where homeowners had the same issue. (Yes, we do have an eBook on how to useGoogle Scholar for Case Research). Make sure to shepardize your cases!

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