At the outset, this it is not an imaginative story. This is real as life. I have been living for the past eight years filled spasms of sheer anxiety and whither to.
I did not publish about this when I was blogging at Windmill on the Hill.
The Background
In 2002 after returning from Thailand, one of my ex-Suppliers requested me to support his business sales. I requested my wife to place some orders with him. We helped him with some and he became a regular supplier. We never faulted on payment for all the deliveries that were made to us.
Shortly after that he met me again. This time he told me that our orders were too little. He asked me to help him and canvass more business for him.
I recommended him someone who intended to start up his own business. It was up to this Supplier if he was willing to consider it as an added opportunity.
The Supplier seized the opportunity and began supplying materials to this new businessman.
When trouble began
In under a year, the recommended businessman ran into financial difficulties. He was unable to pay this Supplier for deliveries that were in arrears for 7 months.
I tried to help both parties to find a solution. There was no hope of a solution when the Supplier hired the Mafia to retrieve the debt. Worried for his own safety, the purchaser absconded.
Legal Summons
The Supplier engaged a lawyer. In 2003 his lawyer issued my wife with a Civil lawsuit alleging that the materials were sold to our shop and not to the businessman who had now absconded. It sought restitution for the outstanding balance of 7 months arrears that the new businessman owed.
(I never stood guarantor for any of the business dealings between the Supplier and the businessman who absconded.)
The Court Sessions
We have been attending Court hearings for the past 8 years (inclusive). At each of the scheduled hearings we were told that it is postponed.
Finally
After eight years of preparation and waiting, we finally had our case heard in Court today. For a moment I thought it was going to be postponed again because we were present at 9 am and waited till the elderly looking Judge finally appeared at 3pm. This Judge took so long to cum. I meant, come. hee hee hee
The Hearing
The evidence that I had meticulously prepared for our lawyer was sufficient to devastate the plaintiff’s allegations. He was totally routed.
He repeatedly contradicted himself and on many questions, he gave answers such as, “I don’t know” or “I think so”.
He pretended innocence about having forged my wife’s signature on one of the affidavits that he submitted to the Court. The Judge made a personal note about the forgery in his file. Thank heavens, the Judge has no hearing problems.
Our lawyer aced it. His query technique forced the plaintiff to admit that he did not sell the materials to my wife.
Nothing succeeds like success
During the entire cross examination, the plaintiff’s lawyer was unable to object to any part of the proceedings. The plaintiff was visually a nervous wreck.
The Judge called for a resumption of the hearings. The next session will continue with the plaintiff being cross examined. He ain’t seen nothing yet
Hell knows no fury than Windy scorned by lies and fabrications.
Although the plaintiff and his lawyer made a hasty exit after the hearing, I am looking forward now to Mar 29. Now, I really don’t mind if the resumption is postponed for another 8 years!
Moral: That’s what one gets paid (sometimes) for helping others
DAVID FUNK
General Santos Time
Hey Windy, thanks for posting about this. I have to say the plaintiff getting ready to have the Smackdown laid on him, and he’s already got some of that now in the courtroom!
.-= David Funk´s last blog ..Music Monday: Mama Said Knock You Out(LL Cool J) =-.
Windy Reply:
March 10th, 2010 at 8:32 pm
Hello David Funk,
The plaintiff deserves more than a Smackdown. LOL.
Gosh! talk about DELIVERANCE and this surely counts as one.
Cheers!
Windy
I’m a lawyer and I litigate in courts of law here in the Philippines. But I note with frustration that the first hearing took place after 8 long years.
I don’t know your rules of procedure but it is a universal principle of law that if it takes too long for the case to be tried, the court can dismiss it for failure on the part of the plaintiff to prosecute. In addition, it is a case of “justice delayed, justice denied” on your part as defendant. I presume you have a counterclaim against that lying plaintiff.
I was also shaking my head knowing that the hearing was scheduled for 9 A.M. and yet the judge came out from his chamber at 3 P.M. One for the books, but then I was not privy to your court procedure there.
I wish you good luck on your case. If it is in the Philippines, knowing how the plaintiff’s lies and deception was exposed during cross examination, I am 100% sure that the case will be decided in your favor.
.-= Eli @ Business Sphere´s last blog ..My Four Secrets on How To Be On Page 1 of Google Search Results Page =-.
Windy Reply:
March 10th, 2010 at 8:46 pm
Hello Eli,
It is indeed comforting to receive your learned opinion.
Thanks for having taken an interest and to have read about the matter here.
About the Judicial system in my country – as you can see, there is much left to be desired. Well, part of the glaring shortcomings is due to our meddlesome politicians who have been “using” the Judiciary to sway issues to their personal or political benefit.
Thus, this leaves a rather demoralised Judiciary and one that is gravely weakened to execute decisions according to the principles of Law.
You are definitely right about “justice delayed, justice denied”. Several of my friends are left with their mouths wide open when they hear how long I’ve waited. They say that any Court Case that exceeds 5 years is automatically expunged. But saying is one thing and whether the writ of Law is followed is another.
“Malaysia Boleh” which means “Malaysia Can” has taken a different meaning altogether. It means Malaysia Can get away with just about anything. So that explains.
Oh! and about your ponderable, do I have any counter law suit against the plaintiff running concurrently (which may be the reason for the lengthy delay)? No, I don’t have any counter law suit. I am not able to do so until and after judgement has been given to the plaintiff’s case against me.
Thanks again for sharing with me your input.
Cheers!
Hi Windy!
I never knew that Malaysia time is as late as that! HAH. I thought Filipinos are so good with their “Filipino time” where a 9:00 appointment shall commence at 9:30 or 10:00. I thought that’s the worst. Now Malaysian time surely beat that Filipino one! Ha ha ha.
I always get high spirits every time I read about court scenarios. Perhaps because recently, me and the hubby were in court, serving as witnesses favoring my sister-in-law who was fighting for a custody of her child. It was tough telling our stories and even tougher being cross-examined. But when you’re telling the truth, everything’s gonna be alright. Which was really the case. A week after, we learned the judge’s order that yes, my sister-in-law can have her own daughter from that time on.
I can tell you have the truth, and so I wish you the best! The plaintiff? He deserves, I agree, more than a smackdown!
.-= Recel´s last blog ..Las Vegas Lifestyle? =-.
Windy Reply:
March 11th, 2010 at 1:58 pm
Hello Recel,
Welcome to Malaysia! hahaha
Well waiting for six hours is peanuts to 8 years x 365 days x 24 hrs = 70,080 hours.
Yes, Filipinos should count their blessings after reading my personification of patience. LOL!
I am happy to note that your sister-in-law won her case and that you and your hubbie stood up gallantly for her.
God Bless you Always!
The saying here in the States reads, “Justice delayed is Justice denied” It doesn’t seem to be the case in this suit in the Philippines? I am wondering though, was the lawyer hired by the case, by the hour or by a percent of the outcome?
.-= Man Over Board´s last blog ..Hit the Vegas Strip with 3 Friends and $1500 Cash!! =-.