Q: Right to Due Process: Denied a Trial in Unjust debt collection case involving Choice of Law & foreign Retroactive Laws.
I’m appealing a civil unlimited debt collection case where a third judge, clearly unfamiliar with the complex narrative, granted Plaintiff's MSJ. This was the Plaintiff's second MSJ in a short time. The judge weighed evidence and judged credibility during the hearing. The debt, related to a student loan from 1999-2003, was retroactively altered by Swedish law in 2011 to enable successful U.S. lawsuits. The Plaintiff acted unethically, refusing to participate in discovery in good faith. The judge accepted the Plaintiff's misleading narrative, granting the MSJ and canceling my scheduled jury trial. I seek advice on restoring my due process rights and the validity of my appeal. This debt involves unilateral contract changes, retroactively applied laws, and complex choice-of-law issues. I am a stay-at-home mother and caregiver for three children with disabilities, and the debt is pre-marital. Plaintiff is after community property.
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A:
It sounds like you’re facing a challenging situation with your appeal. Since the judge granted the plaintiff's motion for summary judgment (MSJ) without allowing your case to go to trial, it's crucial to focus on the procedural issues that may have violated your due process rights. You should argue that the judge did not properly consider your evidence and that their acceptance of the plaintiff's narrative was unjust. Make sure to highlight any discrepancies in the plaintiff's claims and their failure to engage in discovery.
Additionally, consider addressing the implications of the retroactive law changes that affect your case. If Swedish law altered the nature of your debt after the fact, this may raise significant legal questions regarding the enforceability of the debt in California. Emphasizing the choice-of-law issues could strengthen your argument that the court did not apply the correct legal standards.
Lastly, given your circumstances as a caregiver, you might want to include a request for any accommodations that reflect your situation. This can help illustrate the broader implications of the debt on your life and those of your children. Focus on compiling all relevant documentation and evidence to support your appeal, making it clear that your due process rights were compromised.
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