Leaderboard 728 X 90

Thursday, March 27, 2008

GOP Attack Dogs Are Still Baring Fangs

Amidst the rejoicing over Don Siegelman's release from federal prison, folks who care about justice should not forget that Republican attack dogs are still at work.

In fact, they are at work in my own back yard--literally.

I was perusing the latest issue of the Shelby County Reporter the other day, when my eyes zoned in on this classified ad.

I usually approach the classifieds with a detached air, only mildly interested. But my brain quickly became attached when I spotted this legal notice:

By virtue of Writ of Execution issued out of District Court of Shelby County, Alabama, and to me directed whereby I am commanded to make the amount of a certain judgment recently obtained against Roger Shuler in favor of Mike McGarity out of the goods, chattels, lands and tenements of the said Roger Shuler, I have levied on the following property, to wit:Lot 4 block 15 Broken Bow South book 11 page 82.Therefore, according to said command, I shall expose for sale at public auction, all the right, title and interest of the above named Roger Shuler to the above described property, on the 7th day of April, 2008, at 12:00 noon, on the front steps of the Shelby County Courthouse in Columbiana, Alabama. Dated at Columbiana this 29th day of February, 2008. CHRIS CURRY Sheriff of Shelby County, Alabama. Shelby County Reporter. March 19, 26 nd April 2, 2008

"Hey," I thought, "that's my house!"

I felt like Lloyd Bridges in Airplane. "Looks like I picked a bad day to give up sniffing glue."

But there it was in bold print. The GOPers who run Alabama in the Age of Rove are serious about selling off my house at auction. Never mind that the judgment found against me was reached through unlawful and unconstitutional means. Never mind that the writ of execution and notice of levy leading up to this "sheriff's sale" were unlawfully issued and are thus invalid. Never mind that my rights under that thing we call the U.S. Constitution have been battered like one of Mike Tyson's early foes. These jokers actually plan to steal my house.

Under the Code of Alabama, a sheriff's sale must be advertised three times in a general-circulation newspaper prior to the big day. So this was ad number one.

And I like the quaint "old west" touches to the notice. My house is going to be sold at "high noon" on the "courthouse steps." Gosh, I'm going to be expecting tumbleweeds to be blowing down the street. Maybe Matt Dillon and Miss Kitty will come out of the saloon across the street to save the day!

My wife and I have been trying to put out legal brush fires for about eight years now, thanks to the corrupt GOPers who run both our county and our state. This conflagration is a little more unsettling than the others.

How are we going to handle it? Well, our thinking caps are on. And we're open to suggestions.


supablogga said...

You might want to start by filing bankruptcy. Second, move out of Alabama like I'm about to do.

mooncat said...

Legal Schnauzer.

You're a heck of a lot more calm than I'd be in similar circumstances. Auctioning your home for a $1500 judgement? Crazy.

Please tell me you have an interest-only ARM on the property and need help getting out from under it.

Anonymous said...

I am curious. If this is about a small $1500. judgement why not pay it off rather than lose your home?

I realize that you say the judgement against you was illegal but if you have no place to appeal it, it would seem that it would have to be paid.

Can you still pay the judgement & avoid foreclosure?

Anonymous said...

Have you spoken the the man that you owe the money to in this judgment? This sounds like you are going to lose your house real soon no matter what you think. I personally would be scared to death. If you started to pay money on that judgment could it stop this madness and save your house?

Anonymous said...

Get a lawyer! How about Jill Simpson?

MC said...

You've got to be kidding me!

Did they not send notices in the mail, certified letters, things like that?

Anonymous said...

Give em the lousy $1500.00 and keep blogging. Do we need to take up a collection?

legalschnauzer said...

Thanks for your thoughts and questions. I will respond to your questions in a post in the next day or so. For the moment, I'm having to act as my own lawyer, so I might have to hold back on some details. Also, I'm still conducting legal research on pertinent issues, so I want to get a better grip on that. But what I've learned so far tells me that Shelby County authorities have no legal leg to stand on in their effort to seize my home. Of course, that doesn't mean they still won't try to do it. But they might want to be careful. I strongly suspect federal crimes have, or will be, committed in this matter. And as Don Siegelman's release yesterday shows, the wheels of justice finally are starting to turn in the proper direction. Shelby County Republicans seems to think they are immune from federal law. But that might be changing--and it might change big time come January 2009.

Anonymous said...

While I share your political leanings, it is insane to chance your house over $1525.00. But if you must, you might contact an attorney to see if you can file a homestead exemption if the equity in your home is not over $5,000.00. The statutes are in 6-10-2 and 6-10-122.

When you are handed a fecal matter sandwich and ordered to eat (such as is the case here), the best thing to do is nibble on the crust, return the sandwich and say thank you very much, while plotting your revenge. The wrong thing to do (and you look to be intent on doing so) is take a heaping, steaming bite of the sandwich.

Nobody likes to lose, but principle is the most expensive thing you can buy in the legal world. I sincerely hope you don't learn a bad lesson here.

Keep up the excellent writing and hang tough.


Anonymous said...

Good luck and best wishes Schnauzer.

writechic said...

If you need to start a fund, please do it. I'll contribute what little I can, and a whole lot of littles add up.

Since the Republofucks in Shelby seem to track your postings, why not write something on Left in Alabama:

Shelby Co. Republicans Attempt to Bully Couple out of House and Home!

Shame them, though I grant shaming the shameless is tricky.

My thoughts and prayers are with you.