winner, winner, chicken dinner
3.14.21
I have won my eviction case. Here are some things I learned along the way, mistakes I made and good moves that helped. Outside of America’s big cities, I think most states have similar systems as what unfolds in Maine. There is a 30 day notice (which I never received) in which one is apprised of one’s lease violations, or charges which is followed by a summons with a court date. If you don’t respond that’s the end of it. You’re out at the end of the 30 day notice.
The hearing and trial is the most unfair proceeding you can imagine. It’s called a summary proceeding in which you have very few rights, you can’t counterclaim, or have a discovery process where you get to question your opponent case before trial. You can’t discover what witnesses your opponent will present. It’s like a turkey shoot. You are there to respond to their charges, and that’s it. In other words you’re already assumed to be guilty. Although judge told me that whatever papers I filed were irrelevant only my presentation in court and my response at trial were what he would base his ruling on, I filed a number of motions and a couple of affidavits. Isn’t the affidavit the document one files when the information is not part of the evidence in the court’s possession, I thought. Surely, I couldn’t be sanctioned for affidavits? That worked and works. It was a great help to me.
Being pro se and whatever minority category you fit in puts you at a disadvantage, but you can’t let yourself be intimidated. For instance: at trial judge kept asking me not to step up to the podium when questioning witnesses. You can just remain at your table, said he. In fact what he was trying to do was not have witnesses intimidated. Even though I didn’t follow his instructions, I nevertheless should have said something about it. Like: I am here to question witnesses who will give testimony against me and I have a right to question them seriously. If they are discomforted, so be it; it isn’t on a par with being evicted.
It all counts, everything that’s not said is one’s loss. I have looked at the stats in Maine evictions and they are much worse than I imagined. I remember stating in one blog post that undoubtedly 85% of pro se tenants lose their eviction. It is so bad that there are no stats on pro se litigants. The stats on tenants represented by an attorney in a ten year period where some years there was one person who won their case, a number of years where none of the represented tenants succeeded. There was not one year in which more than two represented tenants won their cases. Of course with lawyers there is an incentive that in losing the summary proceeding they are entitled to get a jury trial de novo.
The judge in a summary proceeding eviction is undoubtedly bent on moving the case forward, knowing the odds, he does not expect surprises. I felt very much pressured by my judge who dominated the proceeding and left very little room for me to participate. Again I feel I should have spoken up about it. He was much more open to opposing attorney. Actually I felt that the proceeding was more about the conversation those two were having then my input. I was being handled. Women know about the subtle tap on the head one senses in exchanges with men in positions of authority. There, there, girl! One is being dismissed.
But, I am a good writer and I have had years of experience assessing and presenting the heart of a given situation, the telling point. And that’s what I used. What helped was my ability to remove the case to federal court. Although the case was remanded back to state court, it was done with the proviso that the fed court agreed with me. In his judgment and order, the state court judge referred to me by my given name, not something usually done. One is either the Defendant, or one’s last name is used. At first, I was put off by his familiarity, but I think it was both an acknowledgement of my good work and also not quite respectful.
The favorite essay this past month has been Lone Wolf
