This is Part 2

“Malicious Prosecution is the wrongful institution of criminal proceedings against someone without reasonable grounds.”

*Ques* Rihanna's "B**** Better Have My Money"

So it took me a little longer than expected to come back and give my audience the ending to the nightmare of sorts. In the midst of writing "This Might Need a Part 2," I started working on the actual part 2 because what turned out to be part 1 started getting too long. I hope that made sense lol Then I lost all of the notes I had taken for this part so I got a little discouraged, overwhelmed, disappointed, busy .... life. 

So here we are.

This is Part 2!

After the dust settled from the assault case, I wanted revenge. Now I know in my word it says that vengeance is the Lord's and He will repay (Romans 12:19) ... yet I couldn't resist. If she was going to waste the court's time, I figured I could actually make it worth their while.

Immediately after getting the assault case dismissed, I dove headfirst into researching and gathering information for my get back. I looked into civil lawsuits and decided I was going to sue her. I'm no lawyer but my intent was to sue her on the grounds of loss of wages and emotional distress. Dating back to my missing work, having to cancel plans and being unable to recoup some funds I had spent on flights for work and other events that I was forced to miss as a result of her negligence. The emotional distress came from having the alleged assault exposed to my commander through an IG (and I’m not talking Instagram) complaint, the embarrassment of having to discuss the situation with said commander, having to disclose the situation to my squadron security manager, and having all of this looming over my head while in a challenging learning environment where my success wouldn't matter if I ended up being found guilty of something I didn't even do. For all the trouble I went through, I wonder how things would have turned out had we actually squabbled. We will never know because through this I was reminded that I cannot tussle with someone who has nothing to lose.

Anyway, I submitted the summons and complaint at the courthouse downtown. Once the case was filed, I had to pay $30 for the sheriff to serve the defendant. The other option was to mail a copy to the defendant via certified mail, return receipt requested. Next, I gathered all the relevant information I thought might help my case - threatening and harassing text messages, receipts for purchased flights unable to be taken, registration cost for an event I wasn't able to attend, wages I missed, etc. I printed and organized all of this in a folder to take to court.

The first time I went to court, ole girl did not show. Was this a surprise? Not really but I always anticipated her presence and wondered how things would have gone. At his time, I don't think she had been served though and if a defendant has not been properly served with the summons and complaint and does not appear, the case must be continued for the defendant to be served.

By the second time, she still did not show up to court, but the sheriff had been able to serve the paperwork at her part-time job prior to this day, so the show could go on without her. I presented my case and the magistrate on this day only ended up awarding me $392 + whatever court fees I had paid. To this judgement, the defendant responded by filing an appeal. When the court day came to address the appeal, she again was not there. This time though, I was the only person in the court with the magistrate and after reviewing the case, he told me to look into malicious prosecution. On the basis of malicious prosecution, I had my case. Subsequently, I was awarded $1087 in January 2023, plus over $100 in interest and over $250 in court fees.

Actually recouping the money I was awarded has been the real struggle. The writ of execution, which is a court order that is granted to begin the transfer of assets from a debtor to a plaintiff to satisfy a judgment, was served to her residence via certified mail with a return receipt since she had been avoiding service by a sheriff. Reasonable people are sometimes able to reach an agreement about the terms of payment after the court decides how much money one party must pay the other. Of course in my situation, there was no agreement and I was never dealing with a reasonable person to begin with, so as the winning party, I was entitled to begin the collections process. Interest began accruing as soon as the judgment was awarded. The court fees that I paid each time I had to file paperwork, each time I had to pay for a sheriff to serve paperwork, and the time paperwork was serviced via certified mail with return receipt, composed the added court fees awarded in the judgement.

Throughout 2023, I went to the courthouse on a few occasions to send a new ‘notice of rights and motion to claim exempt property’ to the other party. So far, I have only received $40 via check that I chose not to even cash. I know this person does not have the means, integrity, or intentions of ever paying us back. I've made peace with that and for now I have chosen not to continue pursuing the case. Yes, we've lost a lot of time and some money in the process of everything, but at this point, I'm choosing peace. For me also, it was the principle. I hope this is a lesson for people who like to drag everything to court just because their feelings or ego are hurt. It’s truly not worth it. My life and my finances are blessed. The Lord truly will repay!