Bill,
The the lack of accountability by the Va. Court of Appeals doesn't surprise me one bit. If we can't have accountability with IRS, US Attorney General, or the President of the United States then why should anyone beneath them follow the laws. I am sure that you have case law and Va. Statues that valid everything...that being said have you given any thought to appealing this to the Virginia Supreme Court. I am sure that the Court of Appeals would not be expecting this gutsy move and it would send a clear message that we will hold them accountable. In North Carolina it is clearly defined by state statues that we must be given notice on a FTA and by specific days.
I am very interested in hearing your thoughts on this..
speezack wrote:
Not sure if I have posted the circumstances on this case but without going into detail, I only want to say that my daughter lost her appeal on a case that has been dragging for several years.
Basically concerning court procedures as applies to following the Virginia codes sections relating to notification when a case goes into forfeiture.
I will tell you that it seems apparent that courts in Virginia do not have to follow the rules and regulations set down in the Virginia code sections. Apparently, courts can decide which sections they want to follow and which the wish to ignore.
Her case went before the Court of Appeals and was ruled against her.
I can only say, as bondsmen and recovery agents in Virginia, you had better make sure you know who you are dealing with and make sure you follow all the regulations because the courts don't and won't and can decide who and what they wish to do...
Very sad day IMHO.
PS: I personally sat in the courtroom when the situation occurred and when the point of contention came up and the question was presented the judge actually said... and I heard him say it.... "I am not going to make my court clerks do that!!" That was in direct response to the courts sending notices to all parties concerned when a defendant missed court and the parties involved should be notified... they were not, we appealed his decision, it went up the ladder and was lost in the Virginia Court of Appeals.... again, very sad day.
Basically concerning court procedures as applies to following the Virginia codes sections relating to notification when a case goes into forfeiture.
I will tell you that it seems apparent that courts in Virginia do not have to follow the rules and regulations set down in the Virginia code sections. Apparently, courts can decide which sections they want to follow and which the wish to ignore.
Her case went before the Court of Appeals and was ruled against her.
I can only say, as bondsmen and recovery agents in Virginia, you had better make sure you know who you are dealing with and make sure you follow all the regulations because the courts don't and won't and can decide who and what they wish to do...
Very sad day IMHO.
PS: I personally sat in the courtroom when the situation occurred and when the point of contention came up and the question was presented the judge actually said... and I heard him say it.... "I am not going to make my court clerks do that!!" That was in direct response to the courts sending notices to all parties concerned when a defendant missed court and the parties involved should be notified... they were not, we appealed his decision, it went up the ladder and was lost in the Virginia Court of Appeals.... again, very sad day.
