Lawsuit: Adjourned ArcDuckie v. Malkra [2021] DCR 61

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TpersonH

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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT CIVIL ACTION

ArcDuckie (Lovely Law Firm Representing)
Plaintiff
v.
Malkra
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:
The Plaintiff loaned the Defendant $2500 for a bike but has not received a payment in the 5 weeks since the loan was given. Furthermore, the Defendant has ceased future communications by deleting their account.

I. PARTIES
1. ArcDuckie (Plantiff)
2. Malkra (Defendant)
3. TpersonH (Legal counsel)
4. Drai (Co-legal counsel)
5. AlexanderLove (Co-legal counsel)

II. FACTS
1. The Plaintiff agreed to loan the Defendant $2500 for a bike
2. Both parties agreed upon a payment plan of $225 weekly for 12 weeks, totalling $2700
3. After receiving the loan, the Defendant did not repay the loan that was agreed upon
4. The Plaintiff contacted the Defendant approximately 4 weeks later to ask for a payment
5. The Defendant did not reply and deleted their account after being asked to repay the loan

III. CLAIMS FOR RELIEF
1. The Defendant has violated law 10.1 to secure a loan in a fraudulent manner
2. The Defendant clearly violated the terms of the agreement.
IV. PRAYER FOR RELIEF The Plaintiff seeks the following from the Defendant:
1. $2700 for the amount owed to the plaintiff by the defendant
2. $500 legal fees By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: October 2, 2021
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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The defendant is required to appear before the court in the case of the ArcDuckie v. Malkra. Failure to appear within 48 hours of this summons will result in a default judgment in favor of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​
 
IN THE COURT OF THE COMMONWEALTH OF REDMONT

OPENING STATEMENT

In this case, we will prove two main arguments. Firstly, my client is not available for this case so I will be representing them on their wishes. I have authority to proceed with anything that has to do with my clients wishes and well-being.

1. Evidence
Under Section 4 in the Judicial Procedure Act
(1) All recordings (video or image) of a conversation between two or more parties shall be admissible as valid evidence in Court provided one or more of the parties that participated in the conversation consents.
I believe that there was no consent to my client to have this “evidence” added to this case.


2. Formal Contract

The evidence that was given to the case, was not relevant evidence as it does not show anything that the Plaintiff has claimed that my client has done. The Plaintiff did not have a legally signed contract done up with a lawyer before publishing that they were allowed to give out loans. Under the Foundation of Contract Law in Section 3:
Responsibilities:
(1) Sets out the foundation for the area of contract in legal guidance.
(2) Gives easy definitions of terms and elements to a contract.
(3) Sets the standard for legal practitioners/advocates to work from.
(4) Helps ensure correct practice.
It was the responsibility of the Plaintiff to make sure that there was a legal contract put into place with anyone when giving out loans.

You can take a look at this case ItzBananaMuffin and xlayzur (Lovely Law Representing) v. Jelly_Jockstrap [Case No. 09-2021-03] to see how a contract should be laid out before clients.

Furthermore, neither the plaintiff nor the defendant can produce any record of an official contract.
 
Your honour, opposing council, I am TpersonH representing ArcDuckie. Today, I will prove that the defendant owed the plaintiff money and violated the contract therefore committing fraud. Today the opposing council will claim that the defendant did not give consent to Direct Messages being presented as evidence but only one party is required to consent, which the plaintiff did. You will also see the defendant attempt to illegitimatise the contract, but I will cite ItzBananaMuffin v. MiniRebel to show that a contract can be laid out in anyway, as you will see today in evidence and testimony. I would also like to call ArcDuckie(the plaintiff) to the stand to prove consent was given for the sharing of the screenshot and the legitimacy of the contract. Our case will prove that, beyond a reasonable doubt the defendant violated the contract and committed fraud, and I ask the Court to consider ruling in the plaintiff‘s favour throughout the course of this trial. Thank you.
 
Your honour,
I do not wish to call another witness.
 
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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@ArcDuckie is hereby summoned to the District Court of the Commonwealth of Redmont in Case No. 10-2021-03-01 as a witness. Please familiarize yourself with the case as it stands at present. You will receive questions from the Plaintiff and may also be cross-examined.

I am hereby informing the witness to ensure they are aware of the provisions of the law of perjury and its severity. Giving knowingly false testimony is highly illegal. Witnesses are required to tell the truth in their testimonies, pursuant of the Perjury Act.

Once the witness has been questioned, the opposing party will have the opportunity to cross-examine.​
 
Your honor,
I have familiarized myself with this case and I am hereby marking myself as present.
 
Your honour my questions are as follows:
1) Did you send and consent to the images in evidence?
2) Did the Defendant agree to provide you with the money in the given time frame?
3) Have you received any of the agreed-upon money since the agreement?
 
Your honour my answers are as follows:
1) Yes. I sent the images and consent to them.
2) Yes. As seen in the images, and from our previous conversation, the Defendant made it clear that they would provide a weekly payment.
3) No. I have not received any of the agreed-upon money.
 
Your Honor, speaking as a Partner at Lovely Law, objection on grounds of relevancy.

Question 2 is irrelevant, as there is no law dictating that someone must have a business in order to make an agreement with another person. The answer has no bearing whatsoever on the case at hand, and the question makes no sense in this context.
 
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
REBUTTAL

ArcDuckie (Lovely Law Firm Representing)
Plaintiff
v.
Malkra
Defendant

REBUTTAL

In this rebuttal, I will review the foundations of contract and business law and show how it is necessary to be discussed and answered.

As I said in Question 2 "Are your loan services a registered business with the server?" related to this question, I do mean that when you start up a "business" a.k.a to offer your services to people in exchange for "money, etc." you need to register on forums. "Only those with the entrepreneur qualification and an accepted business registration with the DEC can start a company." This does matter as if they have not registered on forums and have been accepted then it is not a real business nor a real deal that went on between the plaintiff and the defendant.

Now I will point to the part about contracts "
How to create a contract?
If company wants to provide something (eg. to build a new headquaters), an owner or manager has to type /cm contract send <provider company name> <client company name> <price> <text of contract>. If the client agrees on contract requirements, the owner or manager of this company has to type /cm contract accept <contract id>, if they don't agree, they have to type /cm reject <contract id>. You can also manage all contracts using GUI menu.

Contract's states
- WAITING (Not accepted offer, waiting for clienct's response. In this state, the contract can be cancelled or rejected)
- ACCEPTED (Accepted by client, waiting for seller's delivery. No the contracts is signed by both sides)
- DONE_WAITING (Marked as "done" by seller, waiting for client's acceptance)
- FINISHED (Marked as "finished" by client, money transfers and nothing next happens) "
There has been no evidence that this has happened. There is a reason why these "guides" have been set out.

So my question should be answered as it is involved with this case and information that is needed to be gathered.

Thank you, your honour.
 
Last edited:
Your honour my answers are as follows:
1. Yes. At the time I had seen previous contracts, but decided to write a more simple agreement which would still be viable.
3. Yes. As seen in the images I contacted the Defendant 6 days before the lawsuit began.
 
Your Honour

CLOSING STATEMENT

As my closing statement, I have not been able to get in contact with my client. I believe we should come to a settlement of the case in the case that I believe there was a misunderstanding and as of right now my client is "dead" in the server and does not wish to come back to the server. I also believe that there is not enough evidence, in this case, to see what actually happened between both parties and what their intentions were in this situation

I believe this case should be dismissed on the act that Plaintiff has not given their closing statement. I believe the court can find a reasonable settlement between the Defendant and the Plaintiff.

Defendant rests.

Thank you
 

Verdict


Due to the fact that from the evidence, there was no way to know if the defendant was the party in the contract, or if the plaintiff even paid the defendant the $2,500 loan, I will be ruling in favor of the defendant.
The court is also asking the RBA to look into the representation of both parties as the court feels that neither party effectively represented their client.

 
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