Contemptuous Plaintiff is BACK for SECOND Small CLaims Trial BUT Screws up and STILL Won't Listen!

Hinzugefügt: 2026-06-03

[00:00:00]Um, all right. Mr. Kesler, I did not see proof of service filed um with the court, but I do see Miss Hoisington present. So, um, were you able to serve her?

[00:00:15]>> Obviously, if she got the court date, >> well, there are other ways that people can find out court dates. Sir, um, please a reminder that this is a courtroom. Please act accordingly.

[00:00:27]>> Yes, your honor. I did. I um dropped the one off at the courthouse. I had sent certified mail, did the proper procedures. I have the certified mail received. She uh obviously got it. So, she's here at the court date. Uh yes, your honor.

[00:00:41]>> Did you file it? Did you I'm just not showing it in our files. Has it been submitted to the court that proof of service?

[00:00:47]>> Yes, it was. Yes, it was. when >> um when I got this court date um and you amended it and we started the process, that's how we got here.

[00:01:00]I uh did I went down and um filed the papers, um dropped you off the evidence, all the forms, and that's how you sent me the court date. And um that's how we got where we're at now. I didn't just um that's how you know I did it by filing the right papers and >> sir >> here we are I guess >> correct but so you filed what we have in our court file and this is again all I have in front of me I have the original small claim that was filed that we did not have valid proof of service and Miss Hoisington I don't believe was present at that time uh oh no you were not present at that time but Miss Hoisington was um you did not have good service. The call kept dropping. You plan to file an amended claim. You were informed that you have 30 days to file the amended claim, which you did file the amended claim on.

[00:01:56]Come on, load.

[00:02:01]Okay.

[00:02:04]It was May 5th.

[00:02:07]And you're saying you filed the proof of service on that date?

[00:02:12]>> I'm not sure. I've had so many um different but everything I've done I've done it right after I uh I'm not sure the court date but the date exactly but I know I did it. I know that's how we got here. I don't see any other way we could have even got here if I didn't um do the papers and and um do all this stuff. So I just don't understand.

[00:02:35]I just um I don't know. It just seems like you're just really against me in every way, ma'am. I I >> I have to find that valid sir. I this is for every single case that comes before me. I have to find out >> sir please. I have let you spoke sir comes first has to prove service not showing one in courts. We are here today. It happens sometimes where if you have filed it it may not have made it into the court file. That's fine.

[00:03:04]However, I'm not showing it right now.

[00:03:06]We can set the dates and we can go from there. Um, however, >> I'll just um I'll just start over. Um, I'll just redo it.

[00:03:15]>> You You don't need to start over, Mr. Kesler. If you would let me finish my sentence, you would hear me say >> that I just need you to file proof of service prior to the trial date.

[00:03:30]>> So, >> okay, >> does that make sense?

[00:03:35]Um, >> so the the pro the piece of paper, so there's a a piece of paper that says proof of service. There's three different options on it. Personal service, substitute service, service by certified mail. If you did certified mail, you would then have to provide the receipt and the little ticket they give you for the certified mail.

[00:03:54]>> Yeah.

[00:03:54]>> Did you file that piece of paper with the proof of service?

[00:03:59]>> I don't know if that one if I just sent certified mail. Some I did, some I didn't.

[00:04:04]>> Some I sent certified mail, some I um you know, she was seemed like she was she was ready to go to court. You know, she seems to like she's she seems to have got it. She's here, you know, for the court. So that's how she got the court date.

[00:04:18]>> I understand was a certified mail.

[00:04:19]>> Mr. Kesler, >> that's the only way I did it was certified mail.

[00:04:23]>> That's okay. Somebody can serve somebody with notice. What I am saying is the court requires the proof of that service filed with the court.

[00:04:36]>> So she may have received a ser she may have received the claim. Obviously she did if she's here. But I need the proof of service filed with the court just like every single other person.

[00:04:51]>> Yeah. Well, I I don't know if I'm going to be able to get that because um the proof's kind of in the pudding where she's here obviously, but um >> there is no pudding proof in this court.

[00:05:02]>> So um so I guess I I have to call the courthouse to make sure that she got it and then bring you guys something.

[00:05:09]>> No, >> I mean the post >> there's a piece when you file something, you're supposed to submit the proof of service. There's a piece of paper that has three different options. It sounds like you've done this a few times. I know you've done this a few times. Um I know you know what paperwork to fill out.

[00:05:26]>> Some of them I just did straight um certified mail and some I did the the the court the guys at the post office sometimes they would do it one way. I didn't and sometimes I would tell them but they would just some like I don't know they would just take off and just say well this is fine this is cheaper or this will be fine or whatever. Yes, I understand that. But the post office does not you are required to provide the proof of service. They give you the little ticket that you've attached to it, but you are required to file the proof of service.

[00:05:57]>> Okay. I'll um I'll see if I can >> set the dates. We can set the dates, but that is require the court is requiring you to file that prior to the trial date.

[00:06:05]>> Um I think I would rather almost start over because um I I I just have a feeling, you know, after the last case um I don't know. I just feel like I could show the clear complete evidence and you're probably still going to uh tell me it's not good enough. You know, I'm just really um like see the last court I seem like I had clear proof and evidence and everything.

[00:06:27]>> Sir, we're not litigating the prior small claim.

[00:06:30]>> I know, but that just like I'm just I'm just like I just seem like that you can pursue. That's fine. Um we're here purely for a procedural >> Mr. Please, please stop interrupting the court.

[00:06:50]All right, Miss Hoisington, are you aware of the claim that Mr. Kesler is bringing against you for $10,000?

[00:07:00]>> I got some of the two of the papers.

[00:07:04]>> And what did you receive? Um, one second. Let's see.

[00:07:13]Why is this? Hold on. My system is very slow. One moment.

[00:07:18]There we go.

[00:07:22]Laser fish is not helping me out here.

[00:07:29]Come on. There we go. Okay. So, we had the small claim and then we had the amended small claim.

[00:07:37]both had $10,000 listed.

[00:07:41]Um, did you receive both of those or just >> I I have copies of both of them.

[00:07:47]>> Okay.

[00:07:47]>> I was never served them, but I have copies of both of them.

[00:07:50]>> How did you receive copies of both of them?

[00:07:54]>> One one the first thing that I got, the little the thing that is the original one that >> Yeah. he sent was certified mail because I always keep the everything.

[00:08:07]>> Sure.

[00:08:08]>> And the other one he just mailed it. No, >> no, no certified, no nothing.

[00:08:17]>> So the one that was the second that was filed March 16. Hold on a second. Let me make sure I get the So there's March 16th that was filed and then there was >> May 5th >> and the other one doesn't have a file date on it that he sent me certified.

[00:08:35]>> So which one which one do you have?

[00:08:39]>> I have each one I have one >> March 16th and May 5th.

[00:08:46]>> It says May 5th courthouse.

[00:08:50]>> Okay. And then the other one is stamped May 5th.

[00:08:57]>> Okay. So it sound And do both say amended on the top?

[00:09:02]>> One says amended. Okay.

[00:09:04]>> The other one does not.

[00:09:05]>> Okay. So the it looks like the original one was not served and then the the one that was May 5th was sent via certified mail.

[00:09:13]>> I think I got all this in one envelope.

[00:09:16]>> Okay.

[00:09:18]All right. So um Mr. Kesser, it does appear that you sent that certified mail. So, I just need the proof of service filed with that prior to the trial date. We are going to set three dates.

[00:09:32]All right. Our trial date is going to be August 25th at 1:30 p.m.

[00:09:40]>> And what day of the week is that?

[00:09:43]>> It's always going to be on a Tuesday.

[00:09:45]>> Okay. August 20. Okay.

[00:09:52]All right.

[00:10:02]>> Um, all right. Mr. Kesler, can you press star six to unmute?

[00:10:07]Okay. And did you hear the trial date?

[00:10:09]August 25th at 1:30 p.m.

[00:10:13]>> August 25th at 1:30.

[00:10:16]>> Correct.

[00:10:18]I'm going to give you two other dates on top of that as well.

[00:10:22]So, August 11th will be the deadline for the parties to submit exhibits. Please submit two cop two identical copies of exhibits, one for the opposing party and one for the court. Um, any exhibits filed after the 11th may not be considered by the court. So, please keep that in mind. And then August 18th will be the date that the exhibits are going to be made available for the parties to pick up. So we have August 11th, August 18th, and August 25th. The 25th will be in