DEATH SENTENCE TO "MOM & POP"

John Cockerham, now 66 years old, runs a small, family owned “Mom and Pop” type of business. He and his family invested everything and fought for years to build up the company and its reputation. The company grew to 10 employees, three service trucks, three national contracts and numerous industrial clients. They were on their way to success.

John was responsible for setting up all three of the ALL PRO ELECTRIC credit card business accounts. Having run a business with over 300 employees and 12 locations through the United States, John had always relied upon traditional banking for cash flow and credit cards for incidentals and convenience. The electrical business was different. Occasionally the company would need to buy materials that cost $100,000 - $200,000 and on a daily basis, the service electricians needed to buy gas and make numerous small material purchases. Additionally, all of the vendor suppliers took credit cards and this provided a 15 – 40 days float for the company’s cash flow. After talking with American Express representatives on a several occasions, John concluded that they offered a stable and dependable credit source that could grow with the business. Additionally, American Express offered perks that no bank offered.

John explains, “I was very careful in making my decision to use American Express exclusively for my cash flow banking needs. The American Express representatives led me to believe that our credit would not be arbitrarily reduced; that I could have multiple independent accounts not subject to interruption, and that the American Express business account services were ideally suited for my credit and cash flow needs.”

After securing one and then two cards, (with airline and hotel perks) the company was offered and accepted a Platinum Card with unlimited credit and extensive perks. For years John paid the balances in full each month and on one occasion with a $170,000 charge for a generator.
Looking back John explains… “Had I been informed at the outset that by doing business with American Express, would mean one day I would get a call from my stranded electricians informing me that they could not buy gas with the credit cards; I would not be able pay my employee salaries; have to lay off all my employees; not be able to pay for materials; not finish the jobs we were working; not bid new jobs; default on my mortgages; lose all company and personal credit standing; lose all of my retirement savings… never to retire; suffer financial embarrassment, humiliation, sleepless nights; stress rashes, ear peeling and anal itch… I would have declined American Express’s generous offer.”

All these things are true. American Express cut off the company’s credit without warning or regards to the damages of their actions to the business of All Pro Electric, Inc. its owners and John. American Express then followed up by raising the interest rate on the outstanding balances from 0 to 27%.

This is but one story of the many small businesses that face the death of their businesses at the hands of same the financial giants that “Mom and Pop” bailed out with their tax dollars and paid obscene bonuses to their executives.

The Final Insult: This year All Pro Electric and John Cockerham were sued by American Express in the 17th Circuit Court of Broward County for the outstanding balances on two accounts. The Defendants have countersued American Express for Breach of Contract, Fraud and Negligence.

The Defendants cannot afford a lawyer and have appealed to Florida’s 4th District Court of Appeal (Case # 4D10-2660) for permission of John Cockerham to represent his company in Circuit Court.

If the appeal is denied, All Pro Electric will not be allowed to defend itself and American Express will be awarded its claim… plus legal fees, penalties and its exorbitant interest.

That will be the death of this “Mom and Pop”.

INJUSTICE EXPLAINED

In our judicial system it is a fact that the party with the most money has an advantage. Most cases are a monetary struggle until one side runs out of money for their own attorney and gives up. Can you imagine trying to sue Bill Gates for anything? The government tried it and produced little to show for our tax money they spent. Still the "individual's right" and access to the court is protected and when falsely accused a person can at least appear in court, deny the charges and fight against all odds to defend themselves.

The same is not true for the corporate person. The little "Mom and Pop" company, corporation or partnership, is not allowed to even deny the charges without hiring an attorney. Never mind that "Mom and Pop" cannot afford an attorney because of devastating financial damage done to them by the very same Plaintiff that now sues them for "God's Knows What".

What happens then? The"God's Knows What" charges set forth by the Plaintiff are presumed to be true and accurate and a judgment for "God Knows What" is simply awarded to the Plaintiff.

Most of the States and the Federal Court cheerfully abide by this arcane practice, claiming this best protects the public. Tell that to the 10's of thousands of little business that learn this the hard way and simply go out of business without a whimper.

In my case...

I do not wish to practice law. In fact I despise it. I am doing this and Appeal mostly for the altruistic reason of helping all of the small business throughout the United States in righting this wrong in our judicial system. Of course on the tiny, tiny chance that I prevail against the "Evil Empire"... that is, earn the right to represent my company and actually win my case, I am asking $39,500,000 in compensatory and punitive damages.

This is not a "David and Goliath" situation. It is more like a "Flea and Elephant"... me being the flea and American Express the elephant. The flea has little chance of doing any real harm to the elephant but I will seek the elephant's attention. Somehow I just may find a spot to irritate the elephant until it stomps and trumpets and begs relief.

I know my chances are small but I believe that I should at least be given a chance to defend my "now" two-person company and prosecute its claim for damages. How can the Court actually say that it is better for me and that they are protecting me by not allowing me to engage my adversary. It is best that I just give them what they ask and go out of business? ...OR I COULD PAY $400 AN HOUR FOR AN ATTORNEY AND GO OUT OF BUSINESS IN ABOUT 6 HOURS!

STATUS OF APPEAL

Case #2 Status

On June 25, I filed a Notice of Appeal with the 4th Circuit Court of Appeals in West Palm Beach, FL for the Self Representation (pro se) of my Corporation.

On the same day I filed a Motion of Stay with the 17th Circuit Court in Broward County.

I have no idea what to expect. I am told by people in the know that my appeal and I will be thrown out. I wonder if they will refund my $300. (excuse the scarcasm). If they do not toss me then I must be ready to respond as best I can.

Must go for now... and read the Florida Rules of Appellate Procedure. This promises to be my worst 4th of July ever.

PS: Case #1 is to complicated to explain but I am holding on and plan the following:

1. Enter a revised Counterclaim without All Pro Electric as a party (I had incorrectly made them a party and the Judge said I could not just do that.)

2. Enter a Motion to have All Pro Electric added as a Defendant and Indispensable Party

3. Submit a Counterclaim by All Pro and move to represent the corporation pro se

4. When the Judge denies that, I will move for a Stay of the proceedings until the Appeal (Case #2) on the same subject is heard and a decision rendered --- that is if the Appeal does not get throw out! (I told you it was complicated.)