How Long Must I Struggle?

3:22:00 PM

What a night! I tossed and turned thinking about the house and the sheriff sale. I just started a new Bible plan on Youversion in an attempt to find some peace. I was feeling helpless and victimized because I felt like I had done all I could do and no one else is doing what they're getting paid to do. The devotional for today included Psalm 13:2: “How long must I struggle with anguish in my soul, with sorrow in my heart every day? How long will my enemy have the upper hand?” This pretty much summed up all my thoughts from yesterday. I've been praying and trying to stay positive, but I just feel like shit keeps happening to prevent me from progressing and I don't know why. And it's simple everyday shit, like just having a functioning car, a healthy colon, a caring family, options, stuff that people enjoy on a regular. I'm not talking about luxury type shit. Anyway, this morning I just laid in bed unable to sleep and just tried to think about anything but my situation. I pretty much just gave up because there's nothing more for me to do at this point.

Finally, I get up to make breakfast and while I was away from my bedroom, the City's law department called and left a message on my cell regarding my motion. I always like to look up the person and determine whether they are an attorney or not before I call back. It usually determines the phone call I will have. I've noticed that some paralegals or legal assistants will pretend they are attorneys and act similar to what they see on tv, with unnecessary rudeness, slick remarks, and total ignorance of the correct application of the law. Mind you, there are attorneys that act like this, but usually they have no real experience or skills yet and they just received their license. But, the vast majority of attorneys I've come across in ten years of practice don't behave in this manner. Anyway, the person that called is an attorney that just got her license in December. I noticed that there's nepotism in play here as well. Mom, brother and now her all work at the same place. Sigh. It's no wonder that qualified attorneys can't get these jobs. They fill the vacancies with relatives and in-laws all the time without regard to their qualifications or experience. This isn't a secret though. If you look through the directories of the City's law department, you can see the same last name, especially if they're Jewish, and it's not common last names. 

I left a message, so we'll see how the phone call goes. I'm hoping that since someone is calling instead of replying to the motion, the City wants to reach a settlement agreement of sorts. But, who knows?

And I was right. The phone call started off with some snobby newbie attorney that didn't have a clue. She was basically calling to tell me that I filed the “wrong” motion because the sale hasn't taken place yet and I should have waited until the sale occurred and then file the motion. Um, I don't want it to take place at all. So, that would be why I filed it in the first place. So, she starts acting like she was just trying to “help” me. Since when does the City want to “help” its residents win lawsuits against it? If she were correct, she would just file a response to my motion stating her arguments. When this tactic doesn't work, she starts getting snippy and saying that I haven't made payments and I'm a delinquent and how the City has a right to file a claim for balances due as high as what I owe. 

I stay calm and ask her if she happened to look at any of my exhibits. So, I point out my payments and receipts from the department of revenue. I also point out the fact that the agreement was renewable, which it states on the agreement itself. I also point out that I don't owe a high balance because I've been paying the principal all along and the interest and penalties should have been abated since 2009, which was ordered by the Tax Review Board when I bought the house. The house was a tax delinquent property before I bought it so I filed a Petition to pay off the principal and have any interest and penalties waived. She starts saying that it takes time for the interest and penalties to be abated. I'm like it's been six years since that order was given. I point her in the direction of that exhibit as well. 

Anyway, she starts realizing that the City messed up as she's going through my motion and the Exhibits with me on the phone. So, she comes up with some lame excuse how taxpayers have to pay their entire bill before the interest and penalties are actually abated. Um, so I have to pay $50,000, even though I was only billed $24,611.50 in 2009, and then they will abate the interest and penalties I pay and issue a refund. Right.... She realizes what she said and just stops talking. So, I reiterate that I'm not paying the City twice and I'd rather leave it to a judge. Then she finally admits the real reason why she's calling, which is she “doesn't want the judge to issue an order against the City.” Basically, they don't want to have an order in the dockets against them to do what's right. She said she's going to look into discontinuing their claim altogether and see what can be done to fix my account. She knows they fucked up and have no claim to begin with so she can't respond to my motion with any valid legal arguments. That is the only reason why she was calling to “help” me since I filed the “wrong” motion. Unbelievable!

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