The New Journey........... the Replevin Hearing .......

Part One

I can tell you that day in court was a tough day. While I did debate in high school, it's just not the same thing as going to court as your own attorney. Of course, I have seen hearings on tv but they don't show you how things get started there. What you usually see is the hearing already in progress. All those attorneys and clients waiting. Who's here, who's not? What order they're going to proceed. I was lost.

I had no idea what to expect of the process. I knew court etiquette but didn't understand what I was supposed to do there as my attorney. Paperwork was one thing but hearings something totally different.

It was the order of things that confused me most. I'd said everything in my paperwork, did I say it again? Would they tell me when I should talk or was I supposed to know? All these things were running through my mind as well as keeping track of what was going on between BG and his attorney. I didn't want to miss anything there.

I had what I wanted to say written down on paper but didn't see where getting that into the record fit so totally missed that opportunity. It was not pretty.

BG on the other hand came strutting in all dressed up with his beautiful young daughter on his arm trying to look like an upstanding citizen. His chest was so inflated like a rooster ready to crow that even Dave, who is normally oblivious to such things, couldn't help but notice. BG thought this was going to be simple, as did his attorney and he was feeling pretty proud of himself.

WF was not there but then neither of them were required to be. This was just a hearing and not a trial. It could be done without either of them present. Only their attorney needed to be there.

I can remember as they escorted us to the table we belonged at as plaintiff's my stomach was doing flip flops and my head started to spin. For a brief moment I thought I was going to pass out and then I remembered I needed to breathe. I thought how odd that riding in big classes and even at nationals didn't even cause me to hold my breathe and here I was turning red over talking to a judge.

Breathing was good and it did stop my head from spinning but I needed to be careful I didn't go the other direction and hyper ventilate, I was that scared. I remember I hadn't been that frightened doing debate or even some of the public speaking I have done as an adult. This court thing really had me going.

I was glad that my friend, Wendy, had taken time off work to be there for me. If I got feeling too crazy with fear, I could turn around and see Wendy sitting there and know I was ok. I also knew that Wendy would be another set of eyes and ears for things I might miss. She was a real comfort to me.

We were asked to raise our hands so we could be sworn in and so was BG. Anything we said would be considered testimony. My mouth was so dry my lips were sticking to my teeth. I had to free my lips before I could speak and that wasn't easy. My tongue was as dry as my teeth, and thick too, so as I tried to push my lips off my teeth my tongue just stuck to the whole mess. I was trying to figure out how I could politely use my hand to pry myself free when all of a sudden something gave and my lips sprang open so I could talk. Believe me it did not get better as time when on.

There sat Dave looking at me like I was some kind of legal whiz kid and I was really hoping I didn't wet my pants. I knew this whole thing was dependant upon me. I needed to pull myself together if I wanted to keep this action moving the way it should.

I knew part of my fear had to do with rules. I have lived my whole life by them. They are important to me. I have used them as a means to know how to navigate my life. I've always figured as long as I lived within the rules I wouldn't find myself in trouble or have people mad at me so I have always stuck them them, even when it's not been easy sometimes. Not knowing what was expected had me in a panic. I was so afraid I might do something wrong, I was frozen.

I had to remind myself they were going to give me some room to make mistakes because I was representing myself. I had already seen small examples of that. If I spoke out of turn they would tell me, not kill me. It would be ok.

If I heard something I didn't agree with I needed to say so instead of wait my turn. Being polite in that kind of context would not be good. If I spoke out of turn at least they would know I had something to say so that should assure I would be given the opportunity to say what I needed. I took another deep breath and tried to focus on what was at hand instead of worrying about making a fool out of myself.

Looking back I can see I should have made an opening argument. Something that said, "Your honor, we entered in a contract to exchange work for this horse. The work has not been done and I want my horse back." I didn't need to be eloquent, just factual but I said nothing.

Next thing you know, BG's attorney is talking and I don't remember exactly what she was saying but I do remember when she mentioned there was only one reason for BG and WF to have those papers, I surprised myself by jumping in, "That's not true. It's a standard practice in the industry for paperwork to be transferred before the terms of a contract are meet so that a horse can be shown in amateur owner classes." Then I proceeded to tell the judge the man had not done enough work to pay for the horse.

I could see the surprised look on BG's attorney's face as she processed my references to the paperwork . I could also see the look she gave to her client and I think she asked him some question right then and there. My guess from the expression on her face was "What is this about?" or something comparable. She was clearly upset.

The woman was caught off guard and she didn't have a clue yet how far off she was from the particulars in this case. She wasn't going to get that information for some time, I figured. Actually I counted on that. Her being in the dark about her case gave me power. For the first time, I relaxed just a bit knowing I had just dropped a bomb on their case.

It didn't take long for the judge to realize there was more to this case that meets the eye. BG's attorney was talking about a dispute about board and I was busily shaking me head this was not just about board. The judge could tell there was more to it. He asked how much work BG said was done and they threw out that ridiculous mearly $38,000. Then he asked me how much I said was done to which I responded I was not absolutely certain but I thought around $10,000. Then he asked how much money board was per month. When the answer came back at $325 (which in actuality is board for a stall in the barn, not the amount he charges clients for having a horse in a pen.) the judge just shook his head, then uttered "This is a far cry from board."

BG's attorney gave her client another one of those looks and I could see the light was beginning to dawn. She muttered something else to him that I couldn't quite hear. Whatever it was, the big puffed up chest of BG's was suddenly deflated and the color drained out of his face. His height dropped at least an inch or two sitting there in his chair.

The confidence BG had entered the court room with was now gone. Mine was growing just a bit. Although I was smart enough to know that I was a long way from winning this case and I was still ill equipped for that journey.

To be continued...................

Part 2

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