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COVER-UP PART II, The Unsigned Summons By David Divelbiss
As a follow-up to my previous
article Cover Up At
City Hall?
I was told by others I should
expect some retaliation from the city for the embarrassment I caused
them. I'd say they were right.
On May 8th two Loudon County
Sheriff's deputies arrived at my home to serve papers filed against
me in General Sessions Court by the city attorney, M. Shannon
Littleton.
I received a restraining
order, a copy of the complaint/petition, and a summons to respond in
30 days or less. (In General Sessions Court response time is 15 days
- a mistake by the city attorney.)
After faxing these documents
to my attorney, I noticed another error: Mr Littleton forgot to have
the court clerks sign the summons. (Leave the sheriff's deputies
alone, guys. Their job was to serve Mr Littleton's paperwork - not
proofread it.)
Fifteen days later, on May
23rd, I met Judge Russell for the first time. The hearing was not
contentious. I testified under oath that I had destroy all of the
personal information which the city recorder had wrongfully sent me
(including - and especially - those social security numbers) of 68
people. My attorney was present, and did a fine job of speaking on
my behalf.
When M. Shannon Littleton
addressed the court, he withdrew all claims made against me in his
May 8 filing, which included:
".....attorneys fees and
administrative cost......any and all additional relief...."
which the city may claim to.
I left the Justice Center
without spending or owing a penny, and pleased with the job my own
counsel had done.
In closing, I have two
questions:
1. Was the real purpose of
this hearing to find out if I was able and willing to defend myself?
2. Was the city just hoping I
wouldn't show, so they could sock me with a big default judgment?
You decide.
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5/26/08