Welcome to Readers from Around the World
This morning, for us in the U.S., there were three readers in China who viewed this blog.
This is exciting for me.
My posts this past year have concentrated on a corrupt court staff in Searcy County, Arkansas. The same staff works in Faulkner County, Arkansas also. Neither county has a significant population.
Unfortunately, the corruption in these small and medium size towns in the United States is probably indicative of how courts around the country are run.
The travesty of justice that was done to me in Searcy County is before the Arkansas Court of Appeals now.
There is also a related petition for writ of mandate before the Arkansas Supreme Court asking to play the recordings of hearings while projecting the inaccurate transcripts made by the court reporter onto a screen.
It is mind boggling to me that the courts have spent over a year and untold taxpayer dollars to keep the recordings under wraps. Why would they hide the truth from the public?
Let’s ask the Chinese.
Judge Susan Weaver Oppresses Arkansans
“Now you know what it feels like to be Black.”
I was fighting corruption in the family law courts in California. My own parental rights were violated by a commissioner named Alan Friedenthal (deceased). Eventually, the Commission on Judicial Performance and State Supreme Court found Friedenthal appeared to have a bias against me. But his Draconian orders were never overturned.
An African American colleague made the statement quoted above to me.
I moved to Arkansas to try to escape the repression. Judge Susan Weaver has gone out of her way to deny my Constitutional right to due process in my adopted home. Escape is hopeless.
I find myself thinking of my ancestors from two and more generations back. They were Jews in what is now the Ukraine. They had their property taken with no just reason, and then were slaughtered. My Paternal Grandmother escaped to Poland, migrated to Germany before Hitler took power and then made it to the United States. Nine of her siblings did not escape.
Jewish people often say “forgive, but never forget.” Unfortunately, some of the less than honest judicial officers are of Jewish descent. They have forgotten.
When police, judges or the Furor rationalize their theft of property, liberty and life based on skin color or religion, they are scapegoating. When mean-spirited government employees use their power to do these same things because they can get away with it, they are being as oppressive as the Nazis and the Klan.
It is not some irrational hatred based on genetics that drives the current oppressors. They victimize anyone they can get away with victimizing. They do anything to grab power and line their pockets.
It is sick and disturbing.
Exposing Commissioner Alan Friedenthal, Attorney William Spiller, Commissioner Glenda Veasey and their ilk did not ingratiate me to the other judges in California. In fact, a Stanford-Hastings trained attorney who represented me on a matter advised me to never step foot in a courthouse in California again. He was right.
So far, Arkansas courts and attorneys do not seem any better.
More Errors In Orders Issued by Arkansas Judge Susan Weaver
I am writing an appellant’s brief in the Searcy County Arkansas case Pietrczak v. Me, 65-CV-21-20. I will post some of the highlights, as I work. This is installment two, from the section “Points of Appeal and Principal Authorities”. (The format does not translate, so the numbering is different than in the appellant’s brief.)
- The Court dismissed the Appellant as an individual with prejudice on March 28, 2022 and failed to dismiss the unrepresented Common Defense Doctrine Defendant. In the Court’s judgement against the defaulting defendant, the Court specifically made adverse rulings against the appearing Appellant and seized her property rights without allowing her to defend herself. The Court created law of the case adverse to the appearing Appellant that harms her ability to prevail on her dismissed counterclaim when the order to dismiss it is reversed on appeal. The law of the case created is adverse to the appearing Appellant when she files a case for malicious prosecution. During the hearing of March 17, 2022 from which the adverse order arose, the appearing Appellant was restrained from making objections, cross examining the witness, presenting evidence and testifying. Arkansas has long recognized the common-defense doctrine, which provides that an answer that is timely filed by a co-defendant inures to the benefit of a defaulting co-defendant. *Sutter v. Payne, 337 Ark. 330, 989 S.W.2d 887 (1999)
- The Court tricked Appellant into making unilateral disclosures of the evidence she intended to use at trial, by having the Trial Court Administrator give Appellant specific instructions by telephone (and Zoom call) on how and when to file the exhibits before the August 4, 2021 hearing, knowing the Court intended to continue the trial. Appellee Plaintiff submitted no exhibits. This was a denial of due process.
- Ark. R. App. P. Civ. 26 to 37
- Defendant “Laura Lynn” was misnamed on the complaint. Appellee failed to correct the misnomer by motion for leave to amend despite the appearing Appellant’s incessant admonishments of her correct, legal name. Therefore, there should be no judgement, rulings or findings adverse to Laura Lynn Hammett.
- Ark. R. Civ. P. 4(b)
- Defendant “Rural Revival Living Trust” was misnamed on the complaint. Appellee failed to correct the misnomer despite the appearing Appellant’s incessant admonishments that a trust is not a proper party. Therefore, there can be no findings against Laura Lynn Hammett as Trustee of the Rural Revival Living Trust, the Common Defense Doctrine defendant of “Laura Lynn”.
- Ark. R. Civ. P. 4(b)
- Plaintiff “Micheal Pietrczak” was misnamed. The allegation in the Complaint is that the plaintiff is a person with power of attorney, Walter Pietrczak. Therefore, an award to Micheal Pietrczak is not appropriate.
- Matter of Hamilton Living Tr. Dated Sept. 22, 2003, 2019 Ark. App. 76, 571 S.W. 3d 53 (2019)
- Ark. R. Civ. P. 4(b)
- Walter Pietrczak lacked standing to bring the suit on Micheal Pietrczak’s behalf, because Micheal Pietrczak swore that he revoked the power of attorney before the suit was filed and specifically denied alleging all the facts alleged in the Complaint.
- McKibben v. Mullis, 79 Ark. App. 382, 90 S.W.3d 442 (2002)
- A.C.A. § 16-62-102
All kibbitzing is appreciated. Chime in on the comments if you know any caselaw that upholds or disagrees with my statements I made on my own behalf. (I am not an attorney, and my blog is not legal advice. This is a pro se document written on my own behalf.)
Arkansas Judge Violates Basic Due Process
For the next 30 days, I am writing an appellant’s brief in the Searcy County Arkansas case Pietrczak v. Me, 65-CV-21-20. I will post some of the highlights, as I work.
It is important to note that I reported Judge Susan Kaye Weaver to the Judicial Disciplinary and Disability Commission before the transcript of the first hearing was falsified. The JDDC declined to take action.
Federal Judge Billy Roy Wilson dismissed a case I filed regarding the falsification of the record. His order of dismissal was so deceptive, the Eighth Circuit Court of Appeals dismissed my appeal summarily, with no briefing allowed.
Perhaps if the courts hide facts from the public, the public will not become aware of the lack of integrity in the courts. Judges like Susan Weaver are given leave to unjustly transfer property from the elderly, often without summons served, to their favored attorneys’ clients with impunity.
Points of Appeal and Principal Authorities
1. The Court appeared to have a bias against the Appellant from before the first hearing and refused to recuse herself. All judicial officers who appear to have a bias must recuse themselves.
- United States Constitution Fifth and Fourteenth Amendment, Due Process Clause.
2. The Court participated in the falsification of the record in an attempt to legitimize legal errors and abuses of discretion. The transcripts are required to be verbatim records of what was said in court.
- United States Constitution Fifth and Fourteenth Amendment, Due Process Clause.
- Ark. R. App. P. Civ. 6
3. The Court refused to correct the record. This denied Appellant the most basic Constitutional right to due process.
- United States Constitution Fifth and Fourteenth Amendment, Due Process Clause.
- Ark. R. App. P. Civ. 6
4. The Court dismissed the Appellant with prejudice on March 28, 2022 and failed to dismiss the unrepresented Common Defense Doctrine Defendant. In the Court’s judgement against the defaulting defendant, the Court specifically made adverse rulings against the Appellant and seized Appellant’s property rights without allowing Appellant to defend herself. Arkansas has long recognized the common-defense doctrine, which provides that an answer that is timely filed by a co-defendant inures to the benefit of a defaulting co-defendant.
- Sutter v. Payne, 337 Ark. 330, 989 S.W.2d 887 (1999)
Courts Acting More Like Mobs
In one of those freakish moments when I don’t know what buttons I pressed on my phone, a Messenger chain from 2011 popped up.
This was between me and a man who was a litigant in California. He was Northern Cal, I was Southern. We never met in person. This was our last communication.
HIM: Do you still have a friendly contact at the CJP? If so, I would like her contact information. I want to file another complaint about Tulare County Superior Court.
ME: The more they [the court powers that be] figure I’ve been right since day one, the nastier they get with me. I used to talk to Charlene Drummer. Now everything needs to be in writing for me. That’s fine. No one can say “gee, we didn’t know that.”
HIM: That is precisely what is happening over here. It is easier to keep burying me than to acknowledge that I was telling the truth and therefore they acted more like a mob than a court.
Thanks to the little green men that live in my phone, or God, or whoever caused this random decade old message to appear. I feel like I just saw a billboard at the side of the interstate that said, “DON’T GIVE UP! The harder they push back, the more you know you are right.”
Evidence Judge Susan Weaver Does Not Want the Public to Hear
Judge Susan Weaver held a kangaroo court on March 17, 2022.
I was a named defendant, but Judge Weaver forbid me from making objections, testifying and cross examining the one witness, Micheal Pietrczak.
I Brought a box full of evidence to submit at the trial. I was not allowed to present any of it.
Here is one video that is a conversation between me and Mr. Pietrczak.
You may want to read the back story first.
Back Story:
I fell in love with a recovering alcoholic around Christmas 2009.
He claimed to love me and considered me his “wife”.
He was really committing fraud on me. I was a devout Christian, had assets worth about a million dollars and was 10 years older than Mike Pietrczak. He was living in a halfway house and was on probation after serving time for a felony conviction when we met.
After a year or two together, Pietrczak started drinking again. The day his probation was over, he started chain smoking weed. After years of hell, six years after we met, I broke up with Pietrczak. (I use his last name because I am married to a wonderful man now, and his name is also Mike.)
Using my capital and my brains, we accumulated assets of about $250,000. Plus, I still had my initial investment property, a share in an LLC that had increased in value to about $1.4M. I offered, and Pietrczak agreed to split the $250,000 50/50. We each had a car or truck and ATV in our name. But we had put our home in Witts Spring in Pietrczak’s name.
During the months leading up to my decision to breakup, Pietrczak agreed to gift the land and house to a trust. I was the beneficiary of the trust. We made a mortgage agreement between the trust and Pietrczak.
The mortgage agreement was void from the start for technical reasons. But I intended to make good on my promise to split the property with Pietrczak 50/50. If we broke up, one of us would keep the property and the other would get $75,000 or half the mortgage payment. Obviously Mr. Pietrczak could not come up with $75,000 in a lump sum, but anyone who could fog up a mirror could come up with $650 per month for a mortgage payment.
Our last days as a couple, Pietrczak got drunk and drove to Falling Water, a campsite. I drove separately. I wanted to see what he did on his drunken drive-abouts.
It was scary. It was dark and he was senseless. I was afraid for my life. I managed to convince him to let me leave.
The next morning, Pietrczak was on the property, but did not come into the house.
He had driven his truck too fast in 4WD and had to have it towed.
Without coming in to talk with me, he drove off on his ATV.
The next morning, at about 4 a.m., Pietrczak came into our cabin. He had blood dripping from his ear. His collar bone was jutting out, like it was broken. His foot was swollen.
I offered to call an ambulance. He said not to.
After falling asleep for a few hours, Pietrczak changed his mind about going to a hospital. He did not want to pay for the ambulance, so he asked me to drive him about an hour and forty-five minutes to Conway.
Of course, I complied. But I determined right then that I would not continue in this relationship unless Pietrczak agreed to go to a residential treatment program for his substance abuse.
Pietrczak was transferred to UAMS. It was that day that I learned that my partners in the LLC wanted to sell the shopping center it owned. I knew I would receive a big chunk of change after the sale.
I was willing to pay for Pietrczak to go to the program of his choice, anywhere in the world. But I was smart enough to not tell him that I was going to receive this substantial sum of money. His decision should be based on his desire to give up the wildlife he lived when high. Not on staying with moneybags.
Pietrczak decided against rehab.
Instead, he tried to convince me to pay him $75,000 for my half of the Witts Springs property. Many years later I obtained a letter Pietrczak handwrote and signed. He told his father that he was going to commit suicide. Another cryptic note I obtained, Pietrczak referred to suicide, whiskey, a rope and a tree.
His dad was instructed to collect the $75,000 from me, and then to have an attorney named William Zac White file a suit for many times that against me.
Pietrczak did not commit suicide successfully. He did “fall” from a tall tree at his dad’s house and was left a paraplegic.
The Pietrczak’s and Mr. White went forward with their attempt to take hundreds of thousands of dollars from me through a lawsuit.
Judge Susan Kaye Weaver, Searcy County Circuit Court, Arkansas awarded hundreds of thousands of dollars, basically a blank check, to Pietrczak and attorney William Zac White. I was eventually dismissed from the case, after Judge Weaver tortured me for almost a year. But she did not dismiss the unrepresented trust that held the rest of the assets I intended to retire on.
I lost a shitload of money in the stock market COVID-crash in March 2020. I had diversified by holding onto some real estate, but I did not move the real estate in the trust into my own name. I was afraid that if I did, Judge Weaver would call it a fraudulent transfer and have me tried for that crime.
Judge Susan Weaver would not allow me to play this tape in court. She would not allow me to say anything during the “trial” where she determined that I wrote and filed a bunch of documents that she determined were “void ab initio” and that I had no right to the Witts Spring home that was originally purchased with my money.
If you know any voters or politicians in Arkansas, send a link to them. Susan Kaye Weaver should be incarcerated. She should not be given the opportunity to tranfer ownership of property from unrepresented old people’s trusts.
Thank you.
Evidence Excluded by Judge Susan Kaye Weaver
Arkansas judge Susan Weaver did not want evidence of an alleged fraud by attorney William Zac White and his clients to be presented in court.
This video was the first of two made back-to-back. A second, longer video is being uploaded to YouTube today.
Come back later to see the heart-to-heart conversation between me and the man who defrauded me out of hundreds of thousands of dollars. It is a conversation Judge Susan Weaver does not want you to hear.
But then, Judge Weaver does not want the public to hear any of the hearings in the case filed against me by the alcoholic, drug abusing man who defrauded me with the help of Judge Susan Weaver and Attorney William Zac White.
Judge Susan Weaver Gives Fraudster Bonus
I gave a copy of this letter handwritten and signed by “Mike” Pietrczak, that describes how he intended to collect over $75,000 from me and then have attorney William White sue me for many times the amount.
I brought a video tape to play in the hearing of March 17, 2022, in which Pietrczak tells me we will be even once I pay him $75,000. Judge Weaver did not allow me to say a word about the truth. I am not exaggerating. The Arkansas judge threatened that I would be committing a crime if I gave any testimony that would show Mike Pietrczak, his dad Walter and attorney White were committing a fraud.
Here is the recording.
Good Ol’ Boy Arkansas Sheriff Has Crooked Judge’s Back
Judge Susan Weaver in Searcy County Arkansas is making a habit of transferring assets from old womens’ trusts to her favored attorney’s clients (and therefore to her favored attorney).
She did this to me. I could not find an attorney in Arkansas willing to represent the trust. Literally, I was told “I will never win a case in front of Judge Weaver again, if I represent you or the trust.” [paraphrased, closely]
I get why Judge Susan Weaver and Attorney William Zac White would benefit from making these transfers.
But what is in it for Searcy County Sheriff Kenney Cassell? (Mr. Cassell sometimes uses “Kenny” so I’ll switch back and forth like him to help with SEO.)
The Sheriff had a recording of Mr. White’s client, Mike Pietrczak, calling the law while sloppy drunk. Mr. Pietrczak said something like: Come get this bitch. When the deputy asked what I did wrong, Pietrczak repeated that I was “a bitch”. When the deputy asked if I said anything threatening, Pietrczak said no.
Eventually I got on the phone. I was not drunk. In fact, I abstained from alcohol out of sympathy for my alcoholic boyfriend.
The deputy told me I should go stay in my office in Marshall, a 30-minute drive on a good day. This was not a good day. The roads were covered in snow and ice. The deputy told me the safest way to drive in these conditions, taking the dirt backroads. The deputy said that after Pietrczak ran out of booze and sobered up, he would call me apologetically and ask me to come home.
The deputy’s prophesy came true.
I made a Freedom of Information Act request for the recording. Sheriff Cassell’s crew had purged the tape.
Before the hearing of March 17, 2022 where Judge Weaver said she was transferring all the trust property to Mr. Pietrczak and attorney Zac White, Zac screamed at me in the courthouse. “Shut your mouth bitch!” Sheriff Cassell was in the room with me. Mr. White was in a different room. Judge Weaver was also in the small courthouse. Mr. White was not restrained by Sheriff Cassell or any of the three deputies who were there to protect…???
Later, in the courtroom during the hearing, with the full team of sheriffs present, Mr. William Z. White again called me “bitch”. He leaned toward me and spoke loud enough for two 70+ year-olds in the audience to hear.
Judge Weaver ignored the slur. So too, the big ape Cassell who masquerades as a good Christian man.
The Sheriff and Deputies stood there, watching the kangaroo court. They heard the judge shut me down any time I tried to object to impermissible evidence. Not that the judge overruled my objections. She demanded that I not object at all. She also said that if I testified, I would be practicing law unauthorized.
After this surreal and horrifying hearing ended, I pled with Sheriff Kenny Cassell to do something…anything in the pursuit of justice. I told him Pietrczak had lied on the stand. Perjury. I told him that the judge and attorney White had conspired with the court reporter in the past to fabricate what was said and not said in court. I spoke to Kenney Cassell directly and then to a young deputy at the station.
Nothing was done.
I know Kenny Cassell has a pleasant demeanor. He is a heck of a guy to go to a bar-b-que with. He will give you a firm handshake at church on Sunday.
But he is the man like that who watched as Nazis stole property from Jews and then sent the Jews off to concentration camps. Kenny Cassell is the man like that who looked at the captives beseeching him for help, gave a sympathetic pout and shrugged, palms up and shaking his helpless head.
Judge Weaver is evil. But those who stand by and let her get away with it are a special brand of puke.
Portfolio Recovery Associates Threatened Little Old Lady who had COVID and Auto-immune Disease
Portfolio Recovery Associates, LLC, a Goliath debt buyer, files about 3,000 lawsuits per week against alleged debtors.
PRA knows the lists of debts it purchases from original creditors are riddled with errors, but presses forward before verifying the debt.
Government agencies such as the CFPB and State Attorney Generals have come to settlements with PRA over the conduct. Much of the restitution PRA made was to old people and people of color who lost in court when PRA sued them.
PRA is relentless when it is plaintiff in a case. There was one interesting, rare person who fought back named “Susan Young”. (04CV-20-197, Benton County Arkansas Circuit Court) PRA dismissed that case eventually. The reason it caught my attention is that there is a corrupt judge named Susan Weaver who was “Susan Young” briefly, due to a short-lived marriage. Maybe just a coincidence, but unconfirmed rumor has it that Judge Weaver had debt issues and she went to college in Fayetteville, in Benton County neck of the woods. This is just interesting speculation.
What I do know is that when I sued PRA for violating the FDCPA and causing intentional infliction of emotional distress against me, PRA brought out the big guns to defend itself.
They hired Rose Law Firm of Hillary Clinton fame. They hired a second big national firm called Troutman-Pepper. They filed motions that were hundreds of pages long and full of lies.
The judge on the case, Lee P. Rudofsky, appears to have a big-business bias. The Harvard trained judge was Solicitor General in Arkansas after working as counsel to Wal-Mart. He acts like Portfolio Recovery is not known to file false affidavits. He looked at the simple math errors made on the one statement produced by PRA and did not discount the statement. He saw that PRA claimed the alleged debt carried an interest rate of 29.4% on one document and an interest rate of 0.00% on another document, but did not accept the debt PRA bought for pennies on the dollar was invalid.
It looks to me like I have an uphill battle to fight. It looks that way to PRA, also. The fancy lawyers are getting real arrogant and bossy. Like they “own the court.”
While I was sick with COVID, PRA attorneys kept sending me demands to give them a list of people who I consider “employees”. Here is the latest letter with my response in red.
Ms. Hammett,
PRA has no interest in your “confidential” information and, outside of Dr. Adhia and PRA counsel, has disclosed it to no one. PRA posted my confidential information on PACER and I documented the contemptuous acts. Dr. Adhia’s report specifically excluded a “Confidential” designation and Dr. Adhia said he does not consider the exam as confidential. He said that he told me the exam was not confidential and that I proceeded. He failed to mention that I first corrected him as to the confidentiality.
You, however, have from the inception of this case tried to leverage threats to disclose PRA’s confidential and proprietary information – by “getting loud” PRA has access to all my blog posts and there is not a single confidential disclosure.– to extract an exorbitant settlement from PRA. PRA violated the Consent Order concerning me before the Consent Order expired. PRA already paid $8M in fines for the same behavior and it did not slow PRA down. I offered to settle for far less than that. I did as much work as the CFPB, without any compensation for my time and taking all the risk. As a public action, I anticipate the CFPB will collect quite a bit more than $8M. If PRA agreed to the settlement of our private right of action, the government would collect the appropriate percentage of my settlement as tax. Indeed, you have expressly stated your intent to publicly share as much of PRA’s confidential information as possible. I have not said anything of the sort. Put that in the bin with the other PRA lies, such as PRA’s invention of “online (therefore illegal) poker losses” and that PRA did not call my cell phone repeatedly in September and October 2020.
In your recent barrage of filings, you indicated that you have provided PRA’s confidential materials to other individuals No, I quite specifically said I had not provided confidential materials to Mr. Paisola yet.and that by errantly self-labelling these individuals as your “employees” that you can do so in contravention of the Protective Order with impunity. PRA does not have a monopoly on hiring employees. Note that PRA refused to disclose the names of any employees in response to discovery requests. Perhaps coincidentally, but likely as wrongdoing by PRA, I told PRA two of my employees’ names and within days, each of those employees ghosted me.
It is highly unlikely you have any actual “employees,” which is a term of art with a very specific meaning. PRA is pompous and self-absorbed. Note that PRA hired two law firms and has a legal department with hundreds of employees helping to try to crush a 60-year-old non-attorney and expects her to do every bit of the work without help. After being given documentation that the older woman has COVID and an auto-immune disease, PRA sent a barrage of demands to the woman telling her she must create employee records and disclose them to PRA, while she has COVID. Merely calling someone an “employee” does not make it so. Your latest attempt to sidestep Judge Rudofsky’s protective order is improper.
To be clear, my client does not wish to file a motion. There have been far too many of those in this case already. We agree on one point; this should have been a simple case. It did not warrant a thousand page motion for summary judgment or a protective order that requires a motion to unseal “Confidential” documents that already exist in the exact form (with different data) elsewhere on the internet.
Rather, my client’s sole objective is to ascertain who is in possession of its confidential materials, properly or otherwise, and to ensure that PRA’s confidential materials remain protected. PRA is inventing things to worry about. PRA has not seen any posting of its confidential information by me or anyone remotely related to me, because there has been no inappropriate disclosures. PRA on the other hand has violated the protective order and the signed confidentiality agreement from the settlement conference.
At present, you are refusing to identify the individual(s) to whom you have disclosed PRA documents designated as confidential under the protective order. We ask once more that you do so. I am not aware of any mechanism for you to make that demand. I copy and pasted your demand, changing the name of the requesting party, and you ignored that demand completely. All of this will be shared with proper authorities and the public at the appropriate time.
Should you once again refuse, PRA reserves all rights in this regard (attached).
I wrote a motion under Rule 11 against PRA in my head when I could not sit up to write it on the computer. I will add this latest threat if I decide to put the Rule 11 Motion in writing now that I am able to sit up. Frankly, I think the reports to the CFPB and the IRS are more important. There will be no confidential information included, but I will point out that you convinced the Court to keep evidence of PRA’s wrongdoing confidential.
Regards,
Jim (The debt buyer company attorney who filed for bankruptcy himself to get out from under his insurmountable debt.)
Laura Hammett
A Higher Law 