fiction

Chapter 6 - The Desperate Play

The arrival of the certified legal letters on December 29th was the final grenade detonated inside my family's crumbling kingdom.

When the process server delivered the Notice of Default for the mortgage and the immediate Demand for Settlement on Marcus’s $14,000 promissory note, total chaos broke out at 142 Elm Street.

Unable to handle the reality of their situation, my family attempted one last, desperate ploy to force my hand: they tried to use the court system against me.

On January 2nd, I received a court summons. My father and mother had gone to a low-cost legal aid clinic and filed an emergency petition for a Temporary Restraining Order against me, combined with a civil suit for "Intentional Infliction of Emotional Distress" and "Unlawful Eviction."

They were claiming that by cutting off the utilities and refusing to pay the mortgage, I was attempting an illegal "constructive eviction" of elderly relatives during winter.

When Arthur Pendelton saw the court filing, he actually laughed out loud in his office.

"They filed this without a real litigation attorney," Arthur said, shaking his head in disbelief. "Their legal aid lawyer clearly didn't check the ownership records or the contract histories. They handed us a total victory on a silver platter."

The emergency hearing was set for January 8th at the county courthouse.

On the morning of the hearing, the courtroom was packed with minor civil cases. My parents and Marcus sat at the plaintiff's table. They looked pathetic—my father was wearing an ill-fitting, outdated suit, my mother was wrapped in a cheap shawl, looking visibly drawn and tired, and Marcus sat next to them looking terrified, repeatedly checking his phone.

I sat at the defense table with Arthur, dressed in a sharp, custom-tailored navy suit, completely calm and composed.

Judge Patricia Vance (no relation), a stern, non-nonsense woman in her late fifties, took the bench and slammed her gavel.

"Case number 24-CV-8891: Vance versus Vance," Judge Vance announced, scanning the documents in front of her. "Plaintiff is requesting an emergency injunction to force the defendant to restore utility services and maintain mortgage payments. Counsel, present your case."

Their legal aid attorney stood up, clear stuttering slightly as he presented his argument.

"Your Honor," the attorney began, "my clients are elderly individuals facing extreme hardship. The defendant, their adult son, arbitrarily cut off funding for their household utilities, canceled their vehicle leases, and is attempting to force them out of their family home in the middle of winter. This is a clear case of constructive eviction and elder abuse!"

Judge Vance raised an eyebrow and looked down at Arthur. "Defense response?"

Arthur stood up smoothly, buttoning his jacket.

"Your Honor, the plaintiff's claims are entirely baseless and legally absurd," Arthur said calmly. "First, regarding the utilities and vehicles: my client is under no contractual, legal, or statutory obligation to provide gifts to his adult parents or his thirty-one-year-old brother. The utilities were held in my client's corporate name. He simply closed his private account. The plaintiffs were free at any time to open accounts in their own names—they simply failed to provide the necessary security deposits required by the utility companies due to their own poor credit histories."

"What about the eviction claim?" Judge Vance asked, leaning forward.

"There is no 'constructive eviction' occurring, Your Honor, because my client is not a landlord who cut utilities on a tenant," Arthur explained, pulling out a certified exhibit. "My client's holding company, Vance Capital Holdings LLC, is the legal owner of the primary mortgage note on the property, which was purchased legally six months ago. The plaintiffs have failed to make their December mortgage payment. We have issued a standard Notice of Default pursuant to state financial statutes."

Judge Vance looked shocked. She looked at the plaintiffs' table. "Wait... the defendant owns the mortgage note?"

Their legal aid lawyer looked completely baffled. He turned to my father and whispered frantically: "Did you know he owned the note?!"

My father's face turned completely white. He had no idea. They thought I was just paying a regular bank.

"Furthermore, Your Honor," Arthur continued, handing a tablet to the court clerk, "we submit Exhibit C into evidence. This is high-definition video footage from the interior of the property on December 24th, recorded via a security device installed with the property owner's consent."

The court clerk placed the tablet on the Judge’s desk. Judge Vance put on her reading glasses and pressed play.

For forty-five seconds, the entire courtroom was deathly silent as the audio played loudly through the judge's speakers. The sound of my mother's harsh voice, the sharp gasp of my son, the splash of hot food, and Marcus shouting "Get out and never come back!" echoed through the room.

Judge Vance’s face hardened into a mask of pure fury as she watched the video. She paused the clip, took off her glasses, and fixed a blistering stare directly at my mother and father.

"Is that you in the video, Mrs. Vance?" the Judge asked, her voice dangerously quiet.

My mother trembled, clutching her shawl. "Your Honor... it was a family matter... he was being disrespectful—"

"Silence!" Judge Vance slammed her gavel with a crack that sounded like thunder. "You dumped a plate of hot food onto a nine-year-old child's lap! And then you have the audacity to come into my courtroom, claiming 'emotional distress' because the son you abused stopped paying for your lavish lifestyle?!"

The legal aid lawyer immediately sat down, tucking his head into his papers, completely abandoning his clients.

"This court finds absolute zero merit in the plaintiff's petition," Judge Vance declared, her voice echoing off the wood paneling. "The emergency motion for an injunction is DENIED with prejudice. Furthermore, because this suit was filed under false pretenses without basic legal discovery, I am ordering the plaintiffs to pay the defendant's full legal expenses for today's appearance."

BANG!

"Court is adjourned!"

May you like

My father collapsed back into his chair, staring blankly at the wall. My mother burst into hysterical sobs, burying her face in her hands. Marcus sat frozen, realizing that not only had they lost, but they now owed thousands more in legal fees they couldn't possibly pay.

I stood up, buttoned my coat, and walked past their table without looking back once.

Related Stories

Other posts