Court wants to dismiss but, I need more time

We have a $500,000 counterclaim against a finance company that sued us claiming they did not receive a monthly payment. The payment was sent but it was never returned in the mail. We believe the company did receive the payment but, as part of a conspiracy to defraud people by suing them and forcing a quick settlement, they are reaping huge amounts in attorney fees. We suspect fraud on the part of the attorney that represented the finance company. Our rights have not been protected by the justice court and we were abused by the attorney. We settled the less than three thousand dollar claim they made against us but, our counterclaim is still in the system. However, the court has sent us a letter claiming it is going to dismiss our case for lack of prosecution. The finance company did not answer our counterclaim...ther attorney failed to show at the pretrial conference by being over 15 minutes late but, the court disregarded our complaint in that matter. Their attorney lied to us and we filed two complaints with the Arizona Bar which resulted in a letter of warning being placed in the attorneys file. We believe we are the victims of fraud and need time to file a complaint with the FTC that we believe there may be a criminal conspiracy involving the finance company, the attorney and the court. I contacted a different branch manager of the same company and was told debtors must be seriously delinquent to be sued. Combined with all the abuses we suffered at the hands of the finance company, their attorney and the court, we believe a criminal investigation is warranted to see if there is a pattern of this company claiming a payment was missed then filing suit. The finance company attorney claimed he does hundreds of these. He nailed us for $700 in lawyer fees on a balance owed of less than three thousand dollars. Multiplied by hundreds of such cases, you are looking at a third of a million dollars or more in fees. My wife is hispanic and I believe she was targeted as a easy prey in this case. We would like to find an attorney that will take this case on a contingency basis or pro bono with a understanding we will share any award won in this case. Our deadline the court has set is July, 07/2007. The court has been deaf to our complaints. We believe the justice court should have remanded the case to superior court which is one of the reasons we suspect a conspiracy involving the court.

Enness T. Arnold

6327 North Circle I Road,
Willcox, Arizona 85643
/P.O. BOX 553,
Willcox, Arizona 85644

Phone / Fax / Message Machine: 520-384-9220

Pager: 520-255-2100

Enclosure: Correspondence to AZ Bar:

MONDAY NOVEMBER 20, 2006

******* AZ STATE BAR

602-416-7449

Enness & Lydia Arnold

6327 North Circle I Road,

Willcox, Arizona 85643

Dear *** ,

I spoke with the Commission on Judicial Conduct this morning and they agreed this case sounds "murky" and recommended contacting you again. I spoke with you by telephone this morning and you asked me to copy the lawsuit and a summary to you which I have enclosed by this fax.

We were ordered to appear at the North Mesa Justice Court at 10 AM on the 14th of this month, an extreme burden on us with my wife

Enclosure: Correspondence to AZ Bar:

MONDAY NOVEMBER 20, 2006

****** AZ STATE BAR

602-416-7449

Enness & Lydia Arnold

6327 North Circle I Road,

Willcox, Arizona 85643

Dear *** ,

I spoke with the Commission on Judicial Conduct this morning and they agreed this case sounds "murky" and recommended contacting you again. I spoke with you by telephone this morning and you asked me to copy the lawsuit and a summary to you which I have enclosed by this fax.

We were ordered to appear at the North Mesa Justice Court at 10 AM on the 14th of this month, an extreme burden on us with my wife

Did the bar agree to help?

You may also want to inform your state attorney general's office--they handle exactly those kinds of mass fraud issues.

I did file with the AG. Here is their response: Hello Enness,

Thank you for contacting the Arizona Attorney General's Office.

Our office does not provide legal advice or personal representation of any type. We are prohibited by law from giving individuals legal advice, opinions or legal interpretations. You would need to speak with a private attorney to find out what your rights are and obtain legal advice regarding what action can/should be taken in this situation.
Here are some helpful sources to assist in searching for an attorney if you choose to consult with one:

*Maricopa County Bar Lawyer Referral Service at www.lawyerfinders.org or (602) 257-4434
*Pima County Bar Lawyer Referral Service at www.pimacountybar.org or (520) 623-4625
*Community Legal Services, Inc. at (602) 258-3434 (must qualify for free or low cost legal assistance)
*Elder Law Hotline at (800) 231-5441 (must be 60 years old to receive free information on non-criminal legal matters)

Our legal staff looks into complaints received for possible consumer fraud violations and attempts to mediate the situation to help you achieve resolution if possible. However if there is a regulatory agency over the business/company you are complaining about, then you will need to file your complaint with that agency directly.

You mention that the finance company, the attorney and the courts were involved in fraud.

The Department of Financial Institutions is the agency that regulates finance companies. You will need to file your complaint against the finance company directly with them. We provided legal council to this agency.

This office doesn't have jurisdiction to investigate and/or monitor the activities of other state offices such as the courts. However, you do have options available to you. You can contact the Governor's Office/Constituent Services and/or the Office of the Ombudsman.

Arizona Ombudsman's Office - Citizens' Aide
http://www.azleg.state.az.us/ombuds/ombuds.htm
3707 N. 7th St., #209, Phoenix, AZ 85014
(602) 277-7292
1-800-872-2879

The Arizona Ombudsman's Office is an independent agency of the Arizona Legislature that was established to make government more responsive to Arizona citizens. It is the office that Arizona citizens can turn to when they feel they have been treated unfairly by a state administrator, agency, department, board or commission. The services of the Ombudsman are free and confidential. So your complaint against the court(s) should be filed with this office.

As far as the attorney is concerned you have filed a complaint with the appropriate agency; the Arizona State Bar Association.

We hope this information is helpful to you.

Thank you.


>>> "Enness Arnold" <circlei@vtc.net> 6/19/2007 7:30 PM >>>
We have a $500,000 counterclaim against a finance company that sued us claiming they did not receive a monthly payment. The payment was sent but it was never returned in the mail. We believe the company did receive the payment but, as part of a conspiracy to defraud people by suing them and forcing a quick settlement, they are reaping huge amounts in attorney fees. We suspect fraud on the part of the attorney that represented the finance company. Our rights have not been protected by the justice court and we were abused by the attorney. We settled the less than three thousand dollar claim they made against us but, our counterclaim is still in the system. However, the court has sent us a letter claiming it is going to dismiss our case for lack of prosecution. The finance company did not answer our counterclaim...ther attorney failed to show at the pretrial conference by being over 15 minutes late but, the court disregarded our complaint in that matter. Their attorney lied to us and we filed two complaints with the Arizona Bar which resulted in a letter of warning being placed in the attorneys file. We believe we are the victims of fraud and need time to file a complaint with the FTC that we believe there may be a criminal conspiracy involving the finance company, the attorney and the court. I contacted a different branch manager of the same company and was told debtors must be seriously delinquent to be sued. Combined with all the abuses we suffered at the hands of the finance company, their attorney and the court, we believe a criminal investigation is warranted to see if there is a pattern of this company claiming a payment was missed then filing suit. The finance company attorney claimed he does hundreds of these. He nailed us for $700 in lawyer fees on a balance owed of less than three thousand dollars. Multiplied by hundreds of such cases, you are looking at a third of a million dollars or more in fees. My wife is hispanic and I believe she was targeted as a easy prey in this case. We would like to find an attorney that will take this case on a contingency basis or pro bono with a understanding we will share any award won in this case. Our deadline the court has set is July, 07/2007. The court has been deaf to our complaints. We believe the justice court should have remanded the case to superior court which is one of the reasons we suspect a conspiracy involving the court.

Enness T. Arnold