Today is the day. At 10:30am this morning, I must appear before a judge in small claims court to answer the City of Springfield and their Citation to Discover Assets.
As I've already satisfied the judgment for which that citation was issued, most would feel that this is no big deal. I've paid what the City said I owe, so they no longer will care to go forward with this.
Yet I'm sick to my stomach retching, as only those versed in the philosophy of law and politics can be. It is at times such as these that I wish I knew nothing, and was blissfully trusting in the system, knowing that nothing bad can happen to a good man doing the right things.
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| I'm going to put the system on trial. |
Katie was asking me about this last night, noting that while our day had been nothing but a good day that my head was pounding and I was continually sick at my stomach, with no appetite.
"Don't your motions settle it?", she wondered.
"They should", I answered, "but they do not have to. Depends on the judge.”
“How come?”, she asked.
“Remember how I explained that we’re not a nation of laws, but of men? By the law, it should be over, but given that the law can be read a variety of ways, it will be due to how the judge feels.”, I explained. “I filed three motions in my answer, with only the second one being really important. If he just goes with that one, all is well. If not...then it gets sticky.”
“He can go with whatever one he wants?”, she asked.
“Technically no...well, technically yes, he can go with whatever one he wants. The laws are written in such a way that you can always find a precedent or argument for whatever you want to do anyway. So the Judge can choose any way he likes.”, I said. “The right way - as far as I’m concerned, has me home quick. The wrong way...not so quick.”
And this, ladies and gentlemen, is why I get sick over any kind of hearing, however innocuous. Like a surgery, it may be “routine”, but there’s a chance of disaster each time all the same.
I’m not the only one aware of this. You’ll notice that even the uneducated dread going to any kind of hearing. They may know they’re right, they probably even believe in the system, but they fear it all the same. Unconsciously they know what I know consciously - that the Judge can go whatever way he wants with it, and if the other side’s trained lawyers out talk you, he probably will.
And it won’t be based on “right” or “wrong” or “good” and “evil” but only just who talked better and what mood the judge was in. Because whichever way the judge decides, there’s alway - ALWAYS - a precedent or argument to cite so as to defend the illusion that we’re a nation of laws and not of men.
You know what the Old English word for “Judgement” is? “Doom”. As in if you live in an area under the King’s Judgment, you’re in a King-dom. If you live where you can freely judge, you have “free-dom”. Dom/doom meaning “judging/judgment”.
It speaks volumes about our vaunted Anglo-Saxon jurisprudence that the word “judgment” could come so quickly - and for so many centuries - to mean “disaster”, as most take “doom” to mean.
What’s this matter I’m going on and on about all about?
I had a roof last year that the City wanted fixed. It was not leaking, but they believed it looked old. So I replaced it. But not as “fast” as they had wanted. So they held a hearing that they failed to invite me to, and having tried me in absentia, awarded themselves $365.
There are appeals to such things, of course - that’s what makes America great! - but they failed to notify me of the judgment or the amount owed until after the deadline for any and all appeals had passed.
I explained this to them in a letter I wrote them last year, in November, and asked - not demanded, but asked - that they waive the fee.
Now they could have wrote back and said, “No”, in which case they’d have been paid. Or they could have called me - saving the cost of that postage stamp - and said “No”, and they’d have been paid. Or they could have emailed me, equally for free, and said “No” and again - been paid.
Instead, they wait till February of this year, and only after my repeated inquiries as to when they’d answer my letter, had a summons served upon me. And a process server costs more than an email or phone call or postage stamp, notice.
And they had served upon me a Citation of Discovery of Assets which you do only when the person has refused to pay and you don’t know what assets he has to seize.
They are full well aware that I had not refused to pay, and full well aware of what the assets are, but they are - as I said in my response to the court - attempting to deliberately incur more “costs” so as to charge them to me. Thus generating more revenue.
For you see, the Citation, as such things always do, refers to the original fine of $365, “plus costs”.
Clever, huh? They knew I’d pay the $365 for the price of them making a $0 call or email, but this way, for really no cost to them, they can claim “process serving”, “hearing preparation”, “legal research”, time, effort, blah-de-blah. Neverminding that to the extent they burned any calories, I PAY FOR THEM TO DO ALL THAT ANYWAY each year with my property taxes!
Sorry.
So here I am. Showered, shaved, suited up, waiting to go there at 10:30am where I’ll no doubt be waiting 30 to 40 minutes as dozens of others are dealt with, then to meet with my own doom. Er, “judgment”. Of which I know there is a 99% chance it will go fine. Well, 90% chance. But that could still go wrong.
I should be let go with no further “costs” assessed. But they could assess almost anything. I should be let go without a real asset discovery taking place. But they could spend all day with me going over every jot and tittle of 8 years of annual reports, budgets, tax records, invoices and receipts.
I could be home by noon, when a good friend is coming to do more electrical work for free to make the lives of those we aid better. Or be there all day, as our “civil servants” justify their absurd salaries by making the life of the guy who runs a charitable non-profit a living hell.
Our system - though at this point, I think it fairer to say “their system” - is not as we taught in civics class.
Okay, I’m done now. I’ll be retching a bit more, a dry retch as I’ve ate nothing since early yesterday, then going to court.
Pray.


