At this time I am involved in two cases where American Express (68,000 people company) caused irreparable and devastating financial harm to my small business, All Pro Electric (7 people company). After losing everything (all employees, property, assets and home), American Express sues me for damages.
I wish to deny their false claim and defend my company against the judgment they seek. Surely I can do that... we have equal protection under the law; or do we? In fact I cannot make an appearance in the 17th Circuit Court of Florida unless I hire an attorney! (As far as I know, it is this way in all States except Georgia.) It doesn't matter that I don't wish to hire a lawyer... I cannot afford a lawyer!
Now read very slowly and try to grasp the logic and wisdom of our judicial system. This is not about the enrichment of lawyers (wink, wink)... no, no this is for the protection of the public and in this case that is me. The law says that it is better for me not to be able to defend my company and have my adversary (68,000 people company) win a judgment uncontested than to allow me, an unlearned man, to defend my corporation (now "0" person company). In case you missed something... if you cannot even deny the false charges against your business then the charges are presumed to be true and accurate and judgment to the "evil empire" is awarded automatically.
Being a little better than a "C" student from Mississippi I have figured the odds at "zero" if I do nothing, but if I fight this with all of my energy, intellect and might... the odds increase "close to zero". I have chosen the latter course and will chronicle in this blog my journey into the bowels of a judicial hell.
1st Writing 6/22/10
AFFIDAVIT
STATE OF
Personally appeared before me, the undersigned authority in and for the jurisdiction aforesaid, John M. Cockerham, President of ALL PRO ELECTRIC, INC. (ALL PRO), who by me first duly sworn, stated on oath as follows:
I, John M. Cockerham, am the President of All Pro Electric, Inc. and make this Affidavit from my personal knowledge.
In my capacity as President of ALL PRO, I was responsible for setting up of all three of the ALL PRO credit card business accounts. Having run a business with over 300 employees and 12 locations through the
In making my decision to use American Express “exclusively” for my cash flow banking needs, I spoke with American Express representatives and was led to believe that my credit would not be reduced, that I could have multiple accounts, that the accounts were independent and that the accounts would not be arbitrarily interrupted, and that the American Express business account services were ideally suited for my credit and cash flow needs.
Had I been informed that by doing business with American Express, would mean that one day I would get a call that my electricians could not buy any gas with the credit cards; I would not be able pay my employee salaries; have to lay off all my employees; not be able to pay for materials; not finish the jobs we were working; not bid new jobs; default on my mortgages; lose all company and personal credit standing; suffer financial embarrassment; humiliation and sleepless nights; stress rashes, ear peeling and anal itch… I would have declined American Express’s generous offer.
All these things are true. American Express cut off of our company’s credit without warning or any regard to the damages of their actions to the business of All Pro Electric, Inc. and John Cockerham, personally. Subsequently, the interest rate on the outstanding balances was raised from 0 to 27%.
This the 10th day of February, 2010
______________________________ John M. Cockerham
Sworn to and subscribed before me this the 10th day of February, 2010.
______________________________
NOTARY PUBLIC
My Commission Expires:
___________________________
So sorry to hear ~ Do they have ANY free legal help in your State? This seems to be a recurrent theme: credit card companies changing policies and interest rates expecially when they know their customers can't afford it thus rendering them powerless to do anything about it. Would be a great case for a lawyer to champion. I wish you great luck in winning your case.
ReplyDeleteThis sounds awful. I wish you every blessing in fighting your case and obtaining justice.
ReplyDeleteBrett Walker
Hello Mary,
ReplyDeleteIf it is a personal account, not corporate, a person you can represent their self... it is called "pro se". Still, this is difficult and time consuming, so most people don't even go there. Finding an attorney that will work pro bono (free) is near impossible unless you are willing to marry a lawyer. The odds are long whenever an adversary in the court has infinite money and "little guy" has little to none by comparison. Thanks for your response. -- John
So sorry to hear about your situation. This is what is so broken about our version of capitalism...money, deep pockets, and large behemoths enjoy unfair advantages over everyone else. This was once a land of opportunity, but we have economically managed ourselves into a state where I just don't believe that is as true as it once was.
ReplyDeleteBest of luck to you John. This is an important battle not just for you, but for all of us who believe this country should be fair and equitable to all, even those without large bank accounts and a team of lawyers.
Only from researching it in the last few years have I learned the many blatant offenses to the Constitutional Judicial process that we currently have built into our modern court procedure.
ReplyDeleteWhile this is pertaining to my own respective state, from what I am hearing it seems to be a consistent policy though out the United States.
I have the Constitution and Deceleration of Independence on my Iphone.I was waiting on a client, and I ended up sitting there and reading the whole thing.
I read the Deceleration of Independence, and for what ever reason, it felt like the first time I have ever read it.
Then I realized I felt this way because our founding Fathers could see more clearly our modern day than even we seem to be able too.