Payment of the Fees and Response to the Eviction Complaint

On Monday, April 23, 2012, I once again borrowed my friend’s car and drove to the courthouse to respond in writing to the Complaint, to file a Jury Trial request, and pay the fees. During the discussion in the courtroom, the judge had said I had a choice of jury trials—one with 6 jurors or one with 12 jurors. The judge’s clerk had said that the 6-juror trial would cost an additional $12.50 and the 12-member juror trial would cost an additional $25.00. I decided to go with the 12-member juror trial. The clerk had also said the entry/filing fee would be $89.00. I brought cash for the $25.00 jury fee, the entry/filing fee, and an extra amount just in case.

However, I didn’t bring enough money. In the Clerk of the Court’s office, I was told that one could only have a 12-member jury trial. However, the cost for the jury trial was $212.50 not $25.00. I did not have enough money with me to pay that amount. I said I had been given incorrect information. She said it wasn’t incorrect information, it was just not the current information. I gathered the fee had been recently changed. I did not ask when since it made no difference.

I didn’t know if I wanted to pay $212.50 for a jury trial. That was a significant difference in cost. Since I had until May 1 to pay for the jury trial, I asked if I could pay the entry/filing fee now and return at a later date to pay for the jury trial. I was told that I could. I gave the employee a one-sheet page (shown below) with the required information along with the $89.00 entry/filing fee. Since I could not pay for a jury trial at that time, I crossed out the sentence beginning with “I respectfully request” and ending with “changed to a jury trial,” initialed the change, and concluded that transaction for that day.      

 The paper submitted:

To: The Honorable XXXX XXXXX

Judge of the Circuit Court of the Tenth Judicial Circuit

Donald L. Vance

XXXXXXXXXXX

April 23, 2012

RE: Continuance order to May 9, 2012 at 10AM for bench trial ….

XXX XXXXX XXXXXXX, Successor Trustee of the XXXXXXX Living Trust

     Plaintiff,

          vs.

Donald Vance

    Defendant

Case No. XX-XX-XXX

Amount Claimed: COURT COSTS

Dear Judge XXXXX

I respectfully request that my scheduled bench trial on May 9, 2012 at 10AM be changed to a jury trial.

As for the complaint filed by XXX XXXXX XXXXXXX, I respectfully submit that the allegations that I owe a debt to the XXXXXXX Family Living Trust and that I was “allowed to occupy the property by XXXXXXX [without the payment of any cash rent] … for purposes of providing personal assistance [services] to XXXXXXX “ are not true, factual, and/or logical. Therefore, I must humbly and respectfully deny both allegations.

Respectfully submitted by:

Donald L. Vance

(I have deleted names of companies, individuals, and other information. This information will be part of my second book in my The Black Sword series of five books. I will include all information deleted in the book.)

The Continuous Order for the Eviction Court Case

Sorry! Yesterday morning I had a painful accident. Still have some pain today. I don't have enough time to write three posts today (7/11/12). I should have a post for tomorrow.

My eviction notice called for me and my attorney to appear at the Tazewell County Court House—located in Pekin—room 202 on April 16, 2012 at 2:30PM. Since I didn’t have a lawyer and couldn’t afford one, I would be appearing alone.

Since I don’t have a car, I had to borrow the use of one, rent one, take a taxi from Morton to Pekin and back, or ask someone to chauffer me to and from. A friend from church offered the use of her car. I borrowed the car twice. Once for a dry run to make sure that I knew where the court building is and also where there was a good place to park. And once to actually make the court appearance.

The day of the court hearing, she picked me up about 1:45PM and drove back to her house which is located between Morton and Pekin. Once she entered her house, I drove to the Pekin court house. I found a decent parking place rather easily and was at room 202 by about 2:20PM.

A bailiff was seated in front of the corner court room (the door to the court room was closed) near the door and plaintiffs and defendants with and without lawyers informed the bailiff that they were present. After checking in, I sat in a chair (chairs lined the two sidewalls), opened a book I had brought with me, and began reading. There were numerous people who checked in during the following minutes. It seemed that several defendants failed to appear which I understood resulted in a default judgment for the plaintiff.

At about 2:40-2:45PM, the representative, who was also the attorney who wrote the original Trust Agreement, of the new Trustee met the clerk for the judge at a table located in the lobby across from the court room. After talking for a few minutes, they decided the time for the continuance order and trial and that the trial would be a bench trial. Then, I was called over by the lawyer to agree to their decisions.

I objected since I was not involved in the decisions reached. I first objected to the date selected which was May 9, 2012. I wasn’t going to agree to a date until I knew which day of the week it was. Some days were better than others in relation to borrowing the car from my friend. Since the 9^th was a Wednesday and good for her and me, I agreed to that date. Next, I objected to the bench trial stating that I wanted a jury trial.

That caused a problem. We would have to meet with the judge to discuss whether or not I would be granted a jury trial. By about 3:05PM the lobby had cleared out of all of the plaintiffs and defendants except for four people—who seemed to be one case,—the attorney representing the Trust, and me. Finally, we went into the court room to meet with the judge.

After some discussion, the following was decided:

“Continuous Order

By agreement of the parties, it is ordered: Matter is continued to May 9, 2012 at 10AM for bench trial and other appropriate proceedings.

Defendant shall pay the entry/filing fee to the Clerk of the Court or obtain the Court’s order waiving payment of the fee by May 1, 2012; if this deadline is missed, the Court may enter a default judgment, upon the ex parte request of the Plaintiff (without further notice or hearing); the Court’s denial of a request for waiver of fee shall not operate as an extension of the deadline (ergo, Defendant should apply for waiver of fee well in advance of the deadline).

All parties have been given a copy hereof in open court.

Defendant wants a jury trial. He shall file a Jury Trial request, pay filing fee, and respond in writing to the Complaint by 5-1-12.

Enter: 4-16-12”                    (The Continuance Order was signed by the Judge)

If I was going to file a Jury Trial request, I needed to pay two fees: The entry/filing fee and the Jury Trial fee.

Court Summons

[Court] Summons

To each defendant:

You are hereby summoned and required to appear before this Court at Tazewell County Courthouse, Pekin, Illinois in Room 202 at 2:30pm on April 16, 2012, to answer the complaint in this case, a copy of which is hereto attached. If you fail to do so, judgment by default may be taken against you for the relief asked in the complaint.

Forcible Detainer

The following “Notice to Defendants” shall be affixed to Summons issued by the Clerk in actions for forcible detainer, to-wit:

“a) You are required to personally appear at the time and place specified in the above Summons. If you fail to do so judgment may be entered against you for the relief asked in the complaint filed in this cause.”

Complaint for Forcible entry and Detainer

Now comes the Plaintiff … complaining of the Defendant, Donald Vance, and hereby states as follows:

1. The Plaintiff is the legal owner and entitled to possession of the following described real estate situated in Tazewell County, Illinois:

[legal description of the property given]

This property is located at … , Morton, Illinois 61550.

2. The Plaintiff, through its prior Trustee, allowed the Defendant to reside in the property described in Paragraph 1 without payment of any cash rent in exchange for providing personal services for [person identified].

3. [Person identified] can no longer reside at the property described in Paragraph 1 and thus the Defendant can no longer provide the services that he previously provided.

4. The Defendant no longer provides personal services for [person identified] because she no longer resides in the premises and therefore the prior oral agreement entered into between the Plaintiff and the Defendant has ended.

5. A Notice to Quit, dated December 21, 2011, was served upon the Defendant by … , on January 5, 2012, which service is so indicated by the private detective agency’s return on the face thereof. A copy of said notice is attached hereto, made a part hereof, and designated as Exhibit “A”.

6. Notwithstanding said Notice to Quit, the Defendant has failed to move from the premises, and Plaintiff is entitled to possession of said premises which is being unlawfully withheld from him.

Wherefore, Plaintiff Prays for

A. A judgment and execution for possession of said premises described above and his costs including a Writ of Order directed to the Sheriff to oust the Defendant and give possession to the Plaintiff.

B. For a Judgment in the amount of court costs.

C. For other relief as is just and appropriate.  

My Response to the 30 Day Notice

January 31, 2012

RE: Letter received on January 5, 2012 alleging that I have a debt with the Vance family Living Trust

I believe that there is no basis in fact or logic in either alleged assertions in the above referenced letter. I believe I neither owe a debt to the Vance Family Living Trust nor that the allegation that “You were allowed to occupy the property by [person identified] … for purposes of providing personal assistance to [person identified]” is true, factual, and/or logical. Therefore, I must humbly and respectfully deny both allegations.

I can not in good conscious submit to and/or agree with the above allegations that are neither based in fact or logic. There are only two possibilities. Either I knew that I was “allowed to occupy the property by [person identified] … for purposes of providing personal assistance to [person identified]” or I did not know the same.

I do not particularly want to go to court. I would have preferred to reach an amicable agreement. However, since that did not occur, I can not admit verbally, in writing, and/or by any action that the alleged debt is valid either in basis of fact or logic.

As a Christian, I believe we will all be held accountable for our actions and our words. None of us can hide behind the shield that “I was only doing my job.” I regret that the former trustees have brought additional participants into our private dispute. However, everyone in this situation had and has a choice on whether or not to be involved and to continue to be involved. Therefore, I believe that each of us will be held accountable for our actions and words.

“He who does what is right is righteous, just as he is righteous. He who does what is sinful is of the devil, because the devil has been sinning from the beginning. The reason the Son of God appeared was to destroy the devil’s work. No one who is born of God will continue to sin, because God’ seed remains in him; he cannot go on sinning, because he has been born of God. This is how we know who the children of God are and who the children of the devil are: Anyone who does not do what is right is not a child of God ….” I John 3: 7b-10a (NIV)

I continue to hope that this disagreement may result in a gracious agreement between the two parties. However, that possibility seems less and less likely as the imposed deadline draws near. If I must go to court then I will. If that is the case, I intend to respond in the following manner.

“For you were once darkness, but now you are light in the Lord. Live as children of the light (for the fruit of the light consists in all goodness, righteousness and truth) and find out what pleases the Lord. Have nothing to do with the fruitless deeds of darkness, but rather expose them.” Ephesians 5: 8-11 (NIV) If by some misguided and/or deceitful, devious way, I am evicted from [person identified] home after selflessly caring for [person identified] for over seven years, this will not be over. It will only be the beginning.

I believe these false allegations are an attack upon my personal reputation. I believe these false allegations are an attack upon my personal integrity. Worse yet, I believe these false allegations are an attack upon my [person identified] personal integrity. In two previous letters, I asked several questions in which, in my opinion, no specific answers were provided. I have one final question: Is it unethical to concoct a false set of circumstances to achieve a desired end?

In summary, I continue to hope that this disagreement may result in an amicable agreement between the two parties. However, I can not in all good conscious submit to and/or agree with the above allegations that are neither based in fact nor logic. Nor will I.

Therefore, I categorically deny the false allegations contained within the letter that I received on January 5, 2012. I humbly welcome the opportunity to prove my innocence in relation to these false allegations in whatever forum provided.
Sincerely,

“Demand Letter”

DEMAND LETTER

RE: Demand letter for payment for past services rendered

Thank you for acknowledging in your letter that I received on January 5, 2012 that I have provided services for [person identified] over the last seven and one half years. There was at least one former trustee who erroneously claimed that I did not.

In fact, my services were extensive and lengthy. The services included but were not limited to service as 1) a financial advisor 2) an accountant 3) a tax consultant 4) a de facto trustee 5) a maintenance man for the house and yard 6) a chauffer 7) a grocery shopper 8) a care giver for [person identified] 9) a cook 10) a housekeeper 11) a daily companion 12) the care giver for [person identified]’s cat and 13) a guard and protector of [person identified] and the house. I did these services twenty-four hours a day, seven days a week, for over seven and one half years with no breaks except for two weeks when I went back to Tucson to deal with the estate of the client for whom I was a Trustee. Other than the two weeks away, I was home every night without exception.

The three former trustees as well as the current trustee owner [person identified] certainly know the value of being a guard and protector of [person identified] and the home since [person identified] worked in plant protection—both as a plant guard and in fire protection—for many years. A good night was when nothing happened and all was safe and secure. A bad night was when something happened that required their response. Most of my time as guard and protector were good. But, not all. I almost certainly saved [person identified]’s life when the stove was leaking natural gas because the burner knob did not shut down the gas flow completely. I, and only I, was present from the beginning and involved each and every time an ambulance had to be called and/or [person identified] was taken to the emergency room of the hospital. The first time [person identified] fell at night it was I who let the policeman into the house. I called 911 more than anyone else. [person identified] life was in danger several times and I was always there for [person identified] as guard and protector of the home and [person identified].

Using the very minimum figure of $7.00 per hour for services rendered and 16 hours per day for services provided including guard and protector of the home and/or [person identified], the following compensation for services rendered seems to be the minimum compensation that should be provided:

1^st year: from June 5-December 31, 2004 = 209 days X $7 X 16 hours = $23,408
2^nd year: all year minus 14 days       2005 = 351 days X $7 X 16 hours = $39,312
3^rd year: all year                              2006 = 365 days X $7 X 16 hours = $40,880

4^th year: all year                                           2007 = 365 days X $7 X 16 hours = $40,880

5^th year: all year                                           2008 = 366 days X $7 X 16 hours = $40,992   

6^th year: all year                                           2009 = 365 days X $7 X 16 hours = $40,880   

7^th year: all year                                           2010 = 365 days X $7 X 16 hours = $40,880   

8^th year: all year*                                         2011 = 365 days X $7 X 16 hours = $40,880   

9^th year: January 1-31**                              2012 = 031 days X $7 X 16 hours = $03,472

                                        Total compensation for services rendered due = $311,584      

*consisting of guard and protector of the house after September 4 and some cat care.   

** consisting of guard and protector of the home

Unless I receive the compensation due or we reach a satisfactory settlement of this dispute within fourteen days from the receipt of this letter, I will begin all legal action I believe to be possibly appropriate including but not necessarily limited to:

1) filing a complaint with the Illinois Department of Labor

2) filing a complaint with the U.S. Department of Labor

3) filing a complaint with the U.S. IRS for not withholding FICA and/or not providing a yearly W-2 as required by law for the supposed compensation I received from the trust.

4) contacting the Tazewell County State’s Attorney and/or

5) contacting the Illinois Attorney General for possible fraud and/or theft of services by:

A) [person identified]—trust owner and trustee

B) [person identified]—former trustee

C) [person identified]—former trustee

D) [person identified]—former trustee

Thank you very much.

Sincerely,

Questions Based Upon the January 5, 2012 Letter

“RE: Letter received on January 5, 2012 alleging that I have a debt with the Vance Family Living Trust”

“I believe that before I can adequately respond to the above mentioned letter that certain questions I have need to be answered.

I was a trustee for a client of mine when I lived in Tucson, Arizona. As that trustee, I was involved in a debt dispute with a Bank of America branch bank in Tucson, Arizona. In the process of settling that alleged debt, we received several debt collection letters. Each one of them specifically made reference to the amount of the debt owed. I must confess that I have read and reread the letter received and can not find any mention of the amount of alleged debt that I owe. Therefore my questions, at this time, are:

1) How much is my alleged debt tot the Vance Family Living Trust?

2) How was that amount of alleged debt calculated?

3) At what point of time did the alleged debt begin?

4) What written document(s) and/or verbal agreement(s) established that I took on the alleged debt?

I must confess that I do not know the answers to the above questions. Please enlighten me. And please do so in an expedient manner so that I may make an adequate response to the debt notice within the thirty day time frame presented. Thank you for your assistance.”

E-mail on January 25, 2012

“RE: Letter received on January 5, 2012 alleging that I have a debt with the Vance Family Living Trust”

“I readily admit that I am not an attorney. I readily admit that I do not know the way of lawyers. I must admit that I am at a loss. I asked four specific questions in my letter of January 9, 2012 in response to your letter of my alleged debt and none of your responses, as far as I could tell, specifically answered any of the four questions asked.

I will attempt to clarify if I have this alleged debt by approaching from a different angle and asking another set of questions which hopefully you will be able to give specific answers to in order to help me understand the alleged debt.

Your letter stated that I was ‘allowed to occupy the property by [individual identified] ... for purposes of providing personal assistance to [individual identified].’

1) When did this alleged arrangement first begin—day, month, and year?

2) Was there a written document or a verbal agreement between [individual identified] and me establishing such an alleged arrangement? And if so, when—day, month, and year?

3) Did [individual identified] and/or the former trustees confirm that this was the alleged arrangement at anytime to me or to any other person? And if so, when—day, month, and year?

4) Was this alleged arrangement considered compensation for services rendered? And if so, when did the compensation begin—day, month, and year?

5) Can you just make up things to suit the circumstances you want accomplished?

Thank you for your quick response to this inquiry.”

These questions too were not specifically answered!

Landlord’s Thirty Day Notice

From: McGrath Law Office, P.C.

Landlord’s Thirty Day Notice

December 21, 2011

RE: Termination of your Lease for property located at [address given]

Dear Don:

I am writing to you about this matter. I am the attorney for ATG Trust Company, Successor Trustee of the Vance Family Living Trust. The purpose of this letter is to collect a debt and any information obtained will be used for that purpose. The Notice that you are entitled to under the Fair Debt Collection Practice Act is enclosed. This communication is from a debt collector.

As you know, the Vance Family Living Trust owns the house that you occupy located at [address given]. You were allowed to occupy the property by [individual given], as Trustee of the Trust, for purposes of providing personal assistance to [individual given]. Due to [individual given]’s health she can no longer live at the house. Therefore, she does not need your services. Thank you for providing prior services to [individual given].

You are hereby notified that your Landlord has elected to terminate your Lease and you are hereby notified to quit and deliver up possession of the premises to your Landlord within 30 days after receipt of this notice. The reason your lease is being terminated is because [individual given] no longer needs your help due to the fact that she has moved into a nursing home.

If you have any questions please do not hesitate to contact me. In the event that you do not move out as required, your Landlord may seek a forcible entry and detainer action against you through the Circuit Clerk of Tazewell County without further notice to you. This will only add to your difficulties since your Landlord will then seek a court order to have you evicted a court order for you to pay the court costs. I look forward to your prompt and immediate attention to this matter by moving out within 30 days from your receipt of this notice. Thank you very much.

Very Truly Yours,

[name of the attorney]

Enc. Federal Fair Debt Collection Practice Act

c.c. ATG Trust Company, Attn: [name of an individual]

I decided to leave out some names and addresses. The rest is as received although I left out a few incidental items. I may post tomorrow my responses to this letter. I haven’t decided yet.

Several things:

1) I never had a lease and therefore by definition I could not break a lease.

2) I never had a lease debt so there was never a debt to collect in relation to the lease.

3) I was never “allowed to occupy the property ... for the purposes of providing personal assistance to [individual given].”

4) The letter was received January 5, 2012.